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CHAPTER 253, AB 545

Assembly Bill No. 545–Committee on Government Affairs

 

CHAPTER 253

 

[Approved: June 4, 2011]

 

AN ACT relating to classifications based on population; changing the population basis for the exercise of certain powers by local governments; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Unless expressly provided otherwise or required by context, “population” is defined under existing law for the entire Nevada Revised Statutes as “the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce” pursuant to the United States Constitution and as reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050) The Nevada Supreme Court has upheld classifications in statutes based on the population of entities if the classification is rationally related to the subject matter and purpose of the statute, applies prospectively to all such entities that might come within its designated class and does not create an odious, absurd or bizarre distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This bill constitutes the Legislature’s reconsideration of the population classifications in existing law to determine whether those classifications continue to meet the conditions expressed by the Nevada Supreme Court.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 244.014 is hereby amended to read as follows:

     244.014  In each county whose population is 100,000 or more but less than [400,000:] 700,000:

     1.  At the general election in 1976, and every 4 years thereafter, two county commissioners must be elected respectively from two of the county commissioner election districts established pursuant to this chapter.

     2.  At the general election in 1978, and every 4 years thereafter, three county commissioners must be elected respectively from three of the county commissioner election districts established pursuant to this chapter.

     3.  The board of county commissioners shall establish five county commissioner election districts which must be as nearly equal in population as practicable. Each such district must be composed of entirely contiguous territory and be as compact as possible.

     Sec. 2.  NRS 244.016 is hereby amended to read as follows:

     244.016  1.  In each county whose population is [400,000] 700,000 or more, the board of county commissioners consists of seven members. Each member must be a resident of, and elected by the registered voters of, a county commissioner election district established pursuant to this chapter.

     2.  The board of county commissioners shall establish seven county commissioner election districts which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory and be as compact as possible.

 


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     Sec. 3.  NRS 244.1507 is hereby amended to read as follows:

     244.1507  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is less than [40,000] 45,000 may by ordinance direct that:

     (a) The powers and duties of two or more county offices be combined into one county office.

     (b) The powers and duties of one county office be allocated between two or more county offices.

     2.  A board of county commissioners shall not take the action described in subsection 1 unless:

     (a) The board determines that the combining or separating of the applicable county offices will benefit the public;

     (b) The board determines that the combining or separating of the applicable county offices will not create:

           (1) An ethical, legal or practical conflict of interest; or

           (2) A situation in which the powers and duties assigned to a county office are incompatible with the proper performance of that office in the public interest;

     (c) The board submits to the residents of the county, in the form of an advisory ballot question pursuant to NRS 293.482, a proposal to combine or separate the applicable county offices; and

     (d) A majority of the voters voting on the advisory ballot question approves the proposal.

     3.  If the combining or separating of county offices pursuant to this section will result in the elimination of one or more county offices, the combining or separating of offices must not become effective until the earlier of the date on which:

     (a) The normal term of office of the person whose office will be eliminated expires; or

     (b) The person whose office will be eliminated resigns.

     4.  If the combining or separating of county offices pursuant to this section results in the powers and duties of one county office being transferred to another county office, the county office to which the powers and duties are transferred shall be deemed to be the county office from which the powers and duties were transferred for the purposes of any applicable provision of law authorizing or requiring the performance or exercise of those powers and duties, as appropriate.

     Sec. 4.  NRS 244.2961 is hereby amended to read as follows:

     244.2961  1.  The board of county commissioners may by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

     (a) Organize, regulate and maintain the fire department.

     (b) Appoint and prescribe the duties of the fire chief.

     (c) Designate arson investigators as peace officers.

     (d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this paragraph that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

 


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     (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

     (f) Include the budget of the district in the budget of the county.

     (g) Hold meetings of the governing body of the district in conjunction with the meetings of the board of county commissioners without posting additional notices of the meetings within the district.

     2.  Except as otherwise provided in subsection 6, if the fire department transports sick or injured persons to a medical facility, the board of county commissioners shall adopt an ordinance:

     (a) Requiring the fire department to defray the expenses of furnishing such transportation by imposing and collecting fees; and

     (b) Establishing a schedule of such fees.

     3.  The board of county commissioners of a county whose population is [400,000] 700,000 or more shall, when adopting an ordinance pursuant to subsection 2:

     (a) Limit the number of transports of sick or injured persons to a medical facility that may be made by the fire department to not more than 1,000 such transports per year, except that the fire department may, exclusive of the limit, make any such emergency transport that is necessary for the health or life of a sick or injured person when other ambulance services are not available; and

     (b) Require the fire department and all other ambulance services operating in the county to report to the board:

           (1) The total number of transports of sick or injured persons to a medical facility that are made each month; and

           (2) For each transport reported pursuant to subparagraph (1):

                (I) The fees charged to transport the person to a medical facility;

                (II) Whether the person had health insurance at the time of the transport; and

                (III) The name of the medical facility where the fire department or ambulance service transported the person to or from.

     4.  The other officers and employees of the county shall perform duties for the district that correspond to the duties they perform for the county.

     5.  All persons employed to perform the functions of the fire department are employees of the county for all purposes.

     6.  The provisions of subsection 2 do not apply to any county for which a nonprofit corporation has been granted an exclusive franchise for ambulance service in that county.

     Sec. 5.  NRS 244.2962 is hereby amended to read as follows:

     244.2962  The board of county commissioners of a county whose population is [400,000] 700,000 or more shall, each calendar quarter, submit a report to the Legislative Committee on Health Care and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session. The report must include, without limitation, the following information related to each fire department and ambulance service operating in the county:

     1.  The total number of transports of sick or injured persons to a medical facility that were made by the fire department or ambulance service during that calendar quarter.

     2.  For each person transported by the fire department or ambulance service during the calendar quarter:

 


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     (a) The fees charged to transport the person to a medical facility;

     (b) Whether the person had health insurance at the time of transport; and

     (c) The name of the medical facility where the fire department or ambulance service transported the person to or from.

     Sec. 6.  NRS 244.30701 is hereby amended to read as follows:

     244.30701  1.  The board of county commissioners in a county whose population is [400,000] 700,000 or more may adopt, by ordinance, procedures for the sale of naming rights relating to a shooting range that is owned by the county, including, without limitation, the sale of naming rights to:

     (a) Buildings, improvements, facilities, features, fixtures and sites located within the boundaries of the shooting range; and

     (b) Activities, events and programs held at the shooting range.

     2.  If the board of county commissioners sells naming rights in accordance with the procedures adopted pursuant to subsection 1, the board shall create an enterprise fund exclusively for the proceeds of the sale of all such naming rights, for fees or charges for use of the shooting range and for any gifts, grants, donations, bequests, devises or money from any other source received for the shooting range. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Money that remains in the fund at the end of a fiscal year does not revert to the county general fund and the balance in the fund must be carried forward to the next fiscal year. The money in the fund may only be used to pay for expenses directly related to the shooting range.

     Sec. 7.  NRS 244.3352 is hereby amended to read as follows:

     244.3352  1.  The board of county commissioners:

     (a) In a county whose population is [400,000] 700,000 or more, shall impose a tax at a rate of 2 percent; and

     (b) In a county whose population is less than [400,000,] 700,000, shall impose a tax at the rate of 1 percent,

Ê of the gross receipts from the rental of transient lodging in that county upon all persons in the business of providing lodging. This tax must be imposed by the board of county commissioners in each county, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

     2.  The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 244.335.

     3.  The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the county for the tax whether or not it is actually collected from the paying guest.

     4.  If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the county shall charge and collect in addition to the tax:

     (a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the board of county commissioners, whichever is greater; and

 


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     (b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.

     5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed and collected from paying guests pursuant to this section or NRS 268.096.

     Sec. 8.  NRS 244.3354 is hereby amended to read as follows:

     244.3354  The proceeds of the tax imposed pursuant to NRS 244.3352 and any applicable penalty or interest must be distributed as follows:

     1.  In a county whose population is [400,000] 700,000 or more:

     (a) Three-eighths of the first 1 percent of the proceeds must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

     (b) The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

     2.  In a county whose population is less than [400,000:] 700,000:

     (a) Three-eighths must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

     (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the board of county commissioners, to be used to advertise the resources of that county related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

     Sec. 9.  NRS 244.3359 is hereby amended to read as follows:

     244.3359  1.  A county whose population is [400,000] 700,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.3351, 244.3352 and 244.33561.

     2.  A county whose population is 100,000 or more but less than [400,000] 700,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991, except pursuant to NRS 244.33561.

     3.  Except as otherwise provided in subsection 2 and NRS 387.191, the Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.

     Sec. 10.  NRS 244.345 is hereby amended to read as follows:

     244.345  1.  Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:

     (a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.

 


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     (b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.

Ê The board, in counties whose population is less than [400,000,] 700,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is [400,000] 700,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.

     2.  The board of county commissioners, and in a county whose population is less than [400,000,] 700,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.

     3.  The license board may, without further compensation to the board or its clerk:

     (a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.

     (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.

     (c) Adopt, amend and repeal regulations relating to licenses and licensees.

     (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

     4.  The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.

     5.  Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.

     6.  Except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum for the transaction of business.

     7.  Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.

 


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     8.  In a county whose population is [400,000] 700,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.

     9.  As used in this section:

     (a) “Entertainer for an entertainment by referral service” means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

     (b) “Entertainment by referral service” means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

     Sec. 11.  NRS 244.3475 is hereby amended to read as follows:

     244.3475  1.  The board of county commissioners of a county whose population is [400,000] 700,000 or more shall enact an ordinance requiring a person other than a public utility who:

     (a) Purchases paging services from a public utility: and

     (b) Resells those paging services to another person for use primarily in the unincorporated area of the county,

Ê to maintain such records of the names and addresses of the persons to whom the paging services are resold as the board deems necessary.

     2.  The ordinance must include:

     (a) The information that must be included in the records required to be maintained; and

     (b) The length of time that the records must be maintained.

     3.  As used in this section, “public utility” means:

     (a) A public utility as defined in NRS 704.020; and

     (b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.

     Sec. 12.  NRS 244.350 is hereby amended to read as follows:

     244.350  1.  The board of county commissioners and, in a county whose population is less than [400,000,] 700,000, the sheriff of that county, constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chair from among its members.

     2.  Except as otherwise provided in this section, the liquor board in each of the several counties shall enact ordinances:

     (a) Regulating the sale of intoxicating liquors in their respective counties.

     (b) Fixing the hours of each day during which liquor may be sold or disposed of.

     (c) Prescribing the conditions under which liquor may be sold or disposed of.

     (d) Prohibiting the employment or service of minors in the sale or disposition of liquor.

 


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     (e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.

     3.  In a county whose population is [400,000] 700,000 or more, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the next regular meeting of the board.

     4.  All liquor dealers within any incorporated city are exempt from the effect of this section, and are to be regulated only by the government of that city.

     5.  The liquor board may deny or refuse to renew the license of a person who has willfully violated the provisions of NRS 369.630 more than three times in any 24-month period.

     6.  The liquor board shall not deny a license to a person solely because the person is not a citizen of the United States.

     7.  The Legislative Counsel Bureau is exempt from the provisions of this section with respect to the purchase and sale of souvenir wine pursuant to NRS 218F.430.

     Sec. 13.  NRS 244.3555 is hereby amended to read as follows:

     244.3555  1.  The boards of county commissioners of a county whose population is 700,000 or more [than 400,000] shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the county. The county shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The county may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The board of county commissioners of a county whose population is [400,000 or] less than 700,000 may provide for such permits in the same manner.

     2.  The board may charge a fee for such a permit which does not exceed:

     (a) An amount reasonably calculated to reimburse the county for its administrative costs in considering and processing the application; or

     (b) Fifty dollars,

Ê whichever is less.

     3.  The charitable organization:

     (a) Shall indemnify the county against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and

     (b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.

     4.  As used in this section:

     (a) “Charitable organization” means an organization which:

           (1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

           (2) Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this State.

 


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     (b) “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a “freeway” as that term is defined in NRS 408.060.

     Sec. 14.  NRS 244.364 is hereby amended to read as follows:

     244.364  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

     2.  A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

     3.  If a board of county commissioners in a county whose population is [400,000] 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

     (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.

     (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

     4.  Except as otherwise provided in subsection 1, as used in this section:

     (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

     (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

     (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

     Sec. 15.  NRS 244.3651 is hereby amended to read as follows:

     244.3651  1.  Except as otherwise provided in this section, if a board of county commissioners of a county whose population is 100,000 or more but less than [400,000] 700,000 operates a public water or sewer system, the board may:

     (a) Establish by ordinance a program to provide financial assistance to persons to connect to the public water or sewer system.

     (b) Accept gifts, grants and other sources of money to pay the costs to assist persons to connect to the public water or sewer system.

     2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1 must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to persons to connect to a public water or sewer system furthers a legitimate public purpose.

     3.  If a board of county commissioners establishes a program to provide financial assistance pursuant to subsection 1, the board:

     (a) Must establish a plan for the management and protection of the groundwater in the water basin to which the program to provide financial assistance applies.

 


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assistance applies. Such a plan must include, without limitation, provisions for the sustainable management of municipal wells that are owned by the county in the water basin.

     (b) Except as otherwise provided in subsection 4, may set forth conditions or limitations on any financial assistance provided pursuant to the program.

     4.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

     (a) May be in the form of grants, gifts or loans, or any combination thereof.

     (b) May only be used to pay the necessary and actual expenses to:

           (1) Disconnect from a private water or sewer system;

           (2) Eliminate a private water or sewer system; and

           (3) Connect to the public water or sewer system.

     5.  A board may not establish a program to provide financial assistance pursuant to subsection 1 unless the board finds that establishing such a program is necessary to provide the public with a safe and reliable water and sewer system.

     6.  The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this section.

     7.  Nothing in this section shall be so construed as to require:

     (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

     (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

     8.  As used in this section:

     (a) “Private water or sewer system” means an on-site:

           (1) Domestic well, and any facility or facilities related thereto, that provides potable water; or

           (2) Sewage or septic system, and any facility or facilities related thereto, that serves a residential dwelling unit for the disposal, collection, storage or treatment of sewage.

     (b) “Public water or sewer system” means a facility or facilities for the collection, pumping, treatment, storage or conveyance of potable water or sewage and includes, without limitation, mains, conduits, aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances, equipment and machinery necessary or useful and convenient for obtaining, storing, transporting or transferring water or sewage.

     Sec. 16.  NRS 244.3653 is hereby amended to read as follows:

     244.3653  1.  Except as otherwise provided in this section, a board of county commissioners of a county whose population is 100,000 or more but less than [400,000] 700,000 may:

     (a) Establish by ordinance a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded in order to make such property resistant to flood damage.

     (b) Accept gifts, grants and other sources of money to pay the costs associated with a program established pursuant to paragraph (a).

     (c) Pay costs associated with a program established pursuant to paragraph (a) through the use of:

           (1) Revenue and bond proceeds derived from a flood management project, except that no bond proceeds may be used to provide any loans pursuant to the program.

 


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           (2) Funds from the infrastructure fund of the county.

           (3) Gifts, grants and other sources of money available to the board of county commissioners.

     2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1:

     (a) Must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to owners of public and private property in areas that are likely to be flooded is necessary to promote and protect the public health, safety and welfare.

     (b) May include a provision that the award of financial assistance is subject to any limitation or condition that the board determines is necessary.

     3.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

     (a) May be in the form of grants or loans, or any combination thereof.

     (b) May only be used to pay the actual and necessary costs to make private or public property resistant to flood damage, including, without limitation, flood-proofing the property, erecting barriers, elevating foundations of buildings, structures or improvements, and relocating buildings, structures or improvements to areas that are not likely to be flooded.

     (c) May not be awarded:

           (1) To protect any building, structure or improvement unless the building, structure or improvement exists or construction has begun on the building, structure or improvement on or before July 1, 2009.

           (2) To relocate any building, structure or improvement to property that is also in an area likely to be flooded.

           (3) Unless the property owner:

                (I) Submits an application for financial assistance on or before June 30, 2019.

                (II) Has not received and agrees not to apply for any further financial assistance to make the property resistant to flood damage from a tourism improvement district established pursuant to NRS 271A.070, a tax increment area created pursuant to NRS 278C.155, a redevelopment area established pursuant to NRS 279.426, a program for the rehabilitation of residential neighborhoods established pursuant to NRS 279A.030 or a program for the rehabilitation of abandoned residential properties established pursuant to NRS 279B.030.

                (III) Satisfies any conditions adopted by the board of county commissioners.

     4.  The board of county commissioners may delegate its authority to administer a program of financial assistance established pursuant to this section to a flood management authority.

     5.  The board of county commissioners or, if the board has delegated its authority to administer a program of financial assistance pursuant to subsection 4, a flood management authority may bring an action against the property owner for the collection of any delinquent payments, charges, fees, interest or penalties related to any loan provided pursuant to a program established pursuant to this section.

     6.  Nothing in this section shall be so construed as to require:

     (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

 


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     (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

     7.  As used in this section:

     (a) “Drainage and flood control project” has the meaning ascribed to it in NRS 244A.027.

     (b) “Flood management authority” means any entity that is created by cooperative agreement pursuant to chapter 277 of NRS, the functions of which include the acquisition, construction, improvement, operation and maintenance of a flood management project.

     (c) “Flood management project,” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than [400,000] 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

           (1) A drainage and flood control project;

           (2) A project to construct, repair or restore an ecosystem;

           (3) A project to mitigate any adverse effect of flooding or flood management activity or improvement;

           (4) A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

           (5) A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

           (6) A park project that is related to a flood management project;

           (7) Any landscaping or similar amenity that is constructed:

                (I) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

                (II) To mitigate any adverse effect on the environment relating to a flood management project;

           (8) A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

           (9) A project to protect and manage a floodplain;

           (10) A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

           (11) Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management, or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

     Sec. 17.  NRS 244.366 is hereby amended to read as follows:

     244.366  1.  The board of county commissioners of any county whose population is [400,000] 700,000 or more has the power, outside of the limits of incorporated cities and towns:

     (a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:

 


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           (1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.

           (2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.

           (3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.

           (4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.

     (b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.

     (c) To operate and maintain those water facilities, sewer facilities, lands, rights in land and water rights.

     (d) To sell, lease, donate for public use and otherwise dispose of those water facilities, sewer facilities, lands, rights in land and water rights.

     (e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by those water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of the rates, fees, tolls or charges.

     (f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.

     (g) To provide for the disconnection of plumbing facilities from any of those private sewage facilities and for the discontinuance and elimination of those private sewage facilities.

     2.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

 


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     3.  This section, being necessary to secure and preserve the public health, safety and convenience and welfare, must be liberally construed to effect its purpose.

     4.  Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section is guilty of a misdemeanor.

     Sec. 18.  NRS 244.36605 is hereby amended to read as follows:

     244.36605  1.  In a county whose population is 100,000 or more but less than [400,000,] 700,000, if the county provides financial assistance through a program established pursuant to NRS 244.3651 or 244.3653, the board of county commissioners may elect by ordinance to have delinquent repayments of loans, including, without limitation, charges, fees, interest and penalties, collected on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. If the board makes such an election, the board shall cause:

     (a) A description of each lot or parcel of real property or each mobile or manufactured home with respect to which the charges are delinquent on May 1; and

     (b) The amount of the delinquent charges,

Ê to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, not later than June 1.

     2.  In a county whose population is less than [400,000:] 700,000:

     (a) The board of county commissioners of a county which provides sewerage, storm drainage or water service, or any combination of those services, may elect by ordinance to have delinquent charges for any or all of those services collected on the tax roll, or collected with the property taxes due on mobile or manufactured homes that do not meet the requirements of NRS 361.244, in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes. If the board makes such an election, the board shall cause:

           (1) A description of each lot or parcel of real property or each mobile or manufactured home with respect to which the charges are delinquent on May 1; and

           (2) The amount of the delinquent charges,

Ê to be prepared and submitted to the tax receiver of the county, in a form approved by the tax receiver, no later than June 1.

     (b) The powers authorized by this section are alternative to all other powers of the county for the collection of such delinquent charges or repayments.

     (c) The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by descriptions used by the county assessor.

     (d) The amount of any such delinquent charge or repayment constitutes a lien against the lot or parcel of land or mobile or manufactured home against which the charge has been imposed as of the time when the lien of taxes on the roll or on mobile or manufactured homes attach.

     (e) Except as otherwise provided in paragraph (g), the tax receiver of the county shall include the amount of the delinquent charges or repayments on bills for taxes levied against the respective lots and parcels of land or mobile or manufactured homes, as applicable. Thereafter the amount of the delinquent charges or repayments must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

 


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delinquent charges or repayments must be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the county.

     (f) All laws applicable to the levy, collection and enforcement of general taxes of the county, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, are applicable to delinquent charges or repayments that are collected in the manner authorized by this section.

     (g) The tax receiver of the county may issue separate bills for delinquent charges or repayments that are collected in the manner authorized by this section and separate receipts for collection on account of those charges.

     Sec. 19.  NRS 244.368 is hereby amended to read as follows:

     244.368  1.  In a county whose population is less than [400,000,] 700,000, a city’s building code that has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes, with respect to the area within the city and within a 1-mile limit outside of the boundaries of the city, any provisions of the county’s building code not consistent therewith.

     2.  In a county whose population is [400,000] 700,000 or more, a city’s building code that has rules, regulations and specifications more stringent than the building code of the county within which the city is located supersedes, with respect to the area within the city, any provisions of the county’s building code not consistent therewith.

     3.  The provisions of this section do not apply to farm or ranch buildings in existence on March 30, 1959.

     Sec. 20.  NRS 244.386 is hereby amended to read as follows:

     244.386  1.  In a county whose population is [400,000] 700,000 or more and in which exists a species or subspecies that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of species or subspecies. In addition, the board, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any species or subspecies in the county which have been determined by a committee, appointed by the board of county commissioners, to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to subsection 2 or the participation in an agreement made pursuant to NRS 503.589. The board may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose, pursuant to such reasonable regulations as the board may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.

     2.  The board of county commissioners may, by ordinance, impose a reasonable fee of not more than $550 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.

 


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collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.

     3.  If a fee is imposed pursuant to subsection 2, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1.

     Sec. 21.  NRS 244.414 is hereby amended to read as follows:

     244.414  1.  The board of county commissioners of each county whose population is [400,000] 700,000 or more may establish by ordinance an advisory committee on aircraft noise.

     2.  If a board of county commissioners establishes a committee, the board shall appoint to the committee 11 members as follows:

     (a) Four members who live in neighborhoods affected by aircraft noise;

     (b) One member who lives in a neighborhood that is adjacent to an airport;

     (c) One member who represents commercial operators of helicopters;

     (d) One member who represents general aviation;

     (e) One member who represents the division of Air Traffic Services of the Federal Aviation Administration;

     (f) One member who represents a business that is affected by aircraft noise or is adjacent to an airport;

     (g) One member who represents the department of aviation of the county; and

     (h) One member who represents the board of county commissioners of the county.

     3.  The members of the committee shall serve terms of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the committee must be filled in the same manner as the original appointment.

     4.  The board of county commissioners shall appoint one of the members as chair of the committee, who shall serve as chair for a term of 1 year. If a vacancy occurs in the position of chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     5.  The members of the committee serve without compensation.

     6.  The committee shall:

     (a) Meet upon the call of the chair; and

     (b) Comply with the provisions of chapter 241 of NRS.

     Sec. 22.  NRS 244.418 is hereby amended to read as follows:

     244.418  1.  Except as otherwise provided in subsection 2, the board of county commissioners of each county whose population is [400,000] 700,000 or more shall enact and enforce ordinances requiring the county airport to:

     (a) Establish a toll-free telephone number for persons to report information regarding alleged violations of rules or regulations pertaining to aircraft noise, including, without limitation, deviations from established flight paths; and

     (b) Compile and maintain a record of each complaint that alleges a violation of a rule or regulation pertaining to aircraft noise.

 


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     2.  An ordinance enacted pursuant to this section must not apply to any aircraft that is operated:

     (a) As an air ambulance, as that term is defined in NRS 450B.030; or

     (b) By or in cooperation with a law enforcement agency.

     Sec. 23.  NRS 244A.0297 is hereby amended to read as follows:

     244A.0297  “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a county whose population is 100,000 or more but less than [400,000] 700,000 and is established for the control or management of any flood or storm waters of the county or any flood or storm waters of a stream of which the source is located outside of the county. The term includes, without limitation:

     1.  A drainage and flood control project;

     2.  A project to construct, repair or restore an ecosystem;

     3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

     4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

     5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

     6.  A park project that is related to a flood management project;

     7.  Any landscaping or similar amenity that is constructed:

     (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

     (b) To mitigate any adverse effect on the environment relating to a flood management project;

     8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

     9.  A project to protect and manage a floodplain;

     10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

     11.  Any real property or interest in real property that is acquired to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

     Sec. 24.  NRS 244A.457 is hereby amended to read as follows:

     244A.457  NRS 244A.455 to 244A.573, inclusive, applies to any county whose population is [400,000] 700,000 or more.

     Sec. 25.  NRS 244A.601 is hereby amended to read as follows:

     244A.601  1.  In any county whose population is 100,000 or more, and less than [400,000,] 700,000, the county fair and recreation board consists of 13 members who are appointed as follows:

     (a) Two members by the board of county commissioners.

     (b) Two members by the governing body of the largest incorporated city in the county.

 


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     (c) One member by the governing body of the next largest incorporated city in the county.

     (d) Except as otherwise provided in subsection 2, eight members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:

           (1) One member who is a representative of air service interests from a list of nominees submitted by the airport authority of the county. The nominees must not be elected officers.

           (2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.

           (3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

           (4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

           (5) One member who is a representative of other business or commercial interests, including gaming establishments, from a list of nominees submitted by a visitor’s bureau, other than a county fair and recreation board or a bureau created by such a board, that is authorized by law to receive a portion of the tax on transient lodging, if any. If no such bureau exists in the county, the nominations must be made by the chamber of commerce of the third largest township in the county.

           (6) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.

Ê If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.

     2.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself or herself only once.

     3.  If a member ceases to be engaged in the business or occupation which he or she was appointed to represent, he or she ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

     4.  Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.

     Sec. 26.  NRS 244A.603 is hereby amended to read as follows:

     244A.603  1.  In any county whose population is [400,000] 700,000 or more, the county fair and recreation board consists of 14 members selected as follows:

     (a) Two members by the board of county commissioners from their own number.

 


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     (b) Two members by the governing body of the incorporated city with the largest population in the county from their own number.

     (c) One member by the governing body of the incorporated city with the second largest population in the county from their own number.

     (d) One member by the governing body of the incorporated city with the third largest population in the county from their own number.

     (e) One member by the governing body of the incorporated city with the smallest population in the county from their own number.

     (f) One member by the governing body of one of the other incorporated cities in the county from their own number.

     (g) Six members to be appointed by the members selected pursuant to paragraphs (a) to (f), inclusive, of which:

           (1) Three members must be selected from a list of nominees submitted by the chamber of commerce of the incorporated city with the largest population in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members appointed pursuant to this subparagraph must be selected as follows:

                (I) Two members who are representatives of tourism, at least one of whom must be a representative of the resort hotel business; and

                (II) One member who is a representative of other commercial interests or interests related to tourism.

           (2) Three members must be selected from a list of nominees submitted by the association of gaming establishments whose membership in the county collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members selected pursuant to this subparagraph must be representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the incorporated city with the largest population in the county.

     2.  If there is more than one incorporated city in the county that is eligible to appoint the member provided in paragraph (f) of subsection 1, the board of county commissioners shall facilitate a biennial rotation of the authority to appoint that member among those cities.

     3.  Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.

     4.  After the initial appointments of members appointed pursuant to paragraph (g) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he or she was appointed to represent, he or she ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself or herself.

     5.  The term of the member appointed pursuant to paragraph (f) of subsection 1 is 2 years, commencing on July 1 of each odd-numbered year.

     6.  The terms of members appointed pursuant to paragraphs (a) to (e), inclusive, of subsection 1 are coterminous with their terms of office. Any such member may succeed himself or herself.

     Sec. 27.  NRS 244A.605 is hereby amended to read as follows:

     244A.605  1.  Whenever a vacancy occurs among the members of any county fair and recreation board by reason of resignation, death, expiration of a member’s elected term of office, an increase in population, or otherwise, the vacancy must be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.

 


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a member’s elected term of office, an increase in population, or otherwise, the vacancy must be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.

     2.  Except as otherwise provided in subsection 3, during January of each odd-numbered year, each county fair and recreation board in this State shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.

     3.  During July of each even-numbered year, each county fair and recreation board in any county whose population is 100,000 or more, but less than [400,000,] 700,000, shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.

     4.  The officers elected pursuant to subsections 2 and 3 hold office for the ensuing biennium, or until their successors are elected and qualified. Any vacancy among such officers occurring between biennial elections must be filled by the county fair and recreation board to serve out the unexpired term of his or her predecessor.

     Sec. 28.  NRS 244A.622 is hereby amended to read as follows:

     244A.622  1.  Except as otherwise provided in subsections 2 and 3, in a county whose population is [400,000] 700,000 or more, the county fair and recreation board, in addition to any other powers, may also use any money that it receives to pay the cost of projects for improving, operating or maintaining an airport, or any combination thereof, including, without limitation, projects designed to encourage tourism or to improve access to airports by tourists.

     2.  Money may only be used pursuant to this section with respect to an airport that is not less than 90 miles by road from any airport owned by the county with 100 or more scheduled flights per day.

     3.  No money may be expended pursuant to this section with respect to a particular airport in excess of $500,000 during any fiscal year.

     Sec. 29.  NRS 244A.625 is hereby amended to read as follows:

     244A.625  In any county whose population is 100,000 or more and less than [400,000,] 700,000, the county fair and recreation board may at any time appropriate and authorize the expenditure of money derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244A.597, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other money initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to money so appropriated and subject to any existing appropriations and any other encumbrances on that money to meet obligations existing when the appropriation is made, accrued or not accrued and determinable or contingent.

     Sec. 30.  NRS 244A.627 is hereby amended to read as follows:

     244A.627  Notwithstanding any other provision of law, no county fair and recreation board in a county whose population is 100,000 or more and less than [400,000] 700,000 may:

     1.  Acquire, purchase, lease, sell or dispose of any real property or engage in any other transaction relating to real property if the transaction may result in any debt or bonds for which the county may be responsible, in whole or in part, or affects any existing debt or bonds for which the county is responsible, in whole or in part; or

 


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     2.  Sell or lease to a person or governmental entity any real property within the county which is located in a city whose population is less than [150,000,] 220,000,

Ê without prior approval of the board of county commissioners.

     Sec. 31.  NRS 244A.637 is hereby amended to read as follows:

     244A.637  1.  For the acquisition of any recreational facilities authorized in NRS 244A.597 to 244A.655, inclusive, for the purposes described in subsection 3, or for any combination thereof, the county fair and recreation board, at any time or from time to time may:

     (a) In the name of and on behalf of the county, issue:

           (1) General obligation bonds, payable from taxes; and

           (2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;

     (b) In the name of and on behalf of the county fair and recreation board, issue revenue bonds:

           (1) Payable from the net revenues to be derived from the operation of such recreational facilities;

           (2) Secured by a pledge of revenues from any tax on the rental of transient lodging levied for revenue by the county or a city;

           (3) Secured by any other revenue that may be legally made available for their payment; or

           (4) Payable or secured by any combination of subparagraph (1), (2) or (3); and

     (c) Make a contract with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, creating an indebtedness if a question authorizing such contract is submitted to and approved by a majority of the qualified electors of the county in the manner provided in NRS 350.020 to 350.070, inclusive. This paragraph does not apply to contracts for the prepayment of rent or other similar obligations.

     2.  Revenue bonds issued pursuant to this section must be authorized by resolution of the county fair and recreation board, and no further approval by any person, board or commission is required.

     3.  In a county whose population is [400,000] 700,000 or more, the county fair and recreation board shall, at the request of the Department of Transportation, use its commercially reasonable best efforts to issue bonds as provided in subsections 1 and 2 for the purpose of providing money to the Department of Transportation to assist in paying the cost of any project in the county for which bonds are authorized to be issued pursuant to NRS 408.273.

     4.  Bonds may be issued for the purposes described in subsection 3 only if:

     (a) The county fair and recreation board determines that the provision of money for the purposes described in subsection 3 is essential to providing access to tourists to the recreational and tourism facilities of the county, including, without limitation, the recreational facilities of the county fair and recreation board;

 


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     (b) The bonds are issued in compliance with any contractual limitations set forth in the instruments authorizing any outstanding bonds issued as provided in subsections 1 and 2; and

     (c) The aggregate principal amount of bonds issued for the purposes described in subsection 3, excluding any bonds issued to refund those bonds, does not exceed the lesser of:

           (1) Three hundred million dollars; or

           (2) An amount which the county fair and recreation board determines can be repaid, as to all principal and interest, over a period of not more than 30 years with the expenditure of not more than $20,000,000 per year.

     5.  All determinations of the county fair and recreation board under this section shall be deemed to be conclusive, absent fraud or a gross abuse of discretion.

     6.  The issuance and payment of bonds issued pursuant to subsection 3 is hereby declared to be a use which is in fulfillment of the statutory requirements of NRS 244A.645 and of any requirements of any ordinance pursuant to which a tax is levied for the benefit of the county fair and recreation board or transferred thereto, and no such ordinance may be repealed or amended in any manner which would affect adversely the receipt and use by the county fair and recreation board of the revenues pledged to any bonds issued pursuant to this section, during the term of the bonds issued pursuant to this section or any bonds that refund those bonds.

     7.  Any money provided to the Department of Transportation pursuant to subsection 3 must be deposited in the State Highway Fund for administration pursuant to subsection 7 of NRS 408.235 and expended for the purposes described in subsection 3 of this section.

     Sec. 32.  NRS 244A.653 is hereby amended to read as follows:

     244A.653  A county whose population is [400,000] 700,000 or more shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county.

     Sec. 33.  NRS 244A.655 is hereby amended to read as follows:

     244A.655  A county whose population is less than [400,000] 700,000 shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities, other than any notes or warrants maturing within 1 year from the respective dates of their issuance, but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county.

     Sec. 34.  NRS 244A.7643 is hereby amended to read as follows:

     244A.7643  1.  Except as otherwise provided in this section, the board of county commissioners in a county whose population is 100,000 or more but less than [400,000] 700,000 may by ordinance, for the enhancement of the telephone system for reporting an emergency in the county, impose a surcharge on:

 


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     (a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and

     (b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.

     2.  Except as otherwise provided in this section, the board of county commissioners in a county whose population is less than 100,000 may by ordinance, for the enhancement or improvement of the telephone system for reporting an emergency in the county, impose a surcharge on:

     (a) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in the county; and

     (b) The mobile telephone service provided to each customer of that service whose place of primary use is in the county.

     3.  A board of county commissioners may not impose a surcharge pursuant to this section unless the board first adopts a 5-year master plan for the enhancement or improvement, as applicable, of the telephone system for reporting emergencies in the county. The master plan must include an estimate of the cost of the enhancement or improvement, as applicable, of the telephone system and all proposed sources of money for funding those costs. For the duration of the imposition of the surcharge, the board shall, at least annually, review and, if necessary, update the master plan.

     4.  The surcharge imposed by a board of county commissioners pursuant to this section:

     (a) For each access line to the local exchange of a telecommunications provider, must not exceed 25 cents each month;

     (b) For each trunk line to the local exchange of a telecommunications provider, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a); and

     (c) For each telephone number assigned to a customer by a supplier of mobile telephone service, must equal the amount of the surcharge imposed for each access line to the local exchange of a telecommunications provider pursuant to paragraph (a).

     5.  A telecommunications provider which provides access lines or trunk lines in a county which imposes a surcharge pursuant to this section or a supplier which provides mobile telephone service to a customer in such a county shall collect the surcharge from its customers each month. Except as otherwise provided in NRS 244A.7647, the telecommunications provider or supplier shall remit the surcharge it collects to the treasurer of the county in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

     6.  An ordinance adopted pursuant to subsection 1 or 2 may include a schedule of penalties for the delinquent payment of amounts due from telecommunications providers or suppliers pursuant to this section. Such a schedule:

     (a) Must provide for a grace period of not less than 90 days after the date on which the telecommunications provider or supplier must otherwise remit the surcharge to the county treasurer; and

     (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telecommunications provider or a supplier.

 


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     7.  As used in this section, “trunk line” means a line which provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.

     Sec. 35.  NRS 244A.7645 is hereby amended to read as follows:

     244A.7645  1.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more but less than [400,000,] 700,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must consist of not less than five members who:

     (a) Are residents of the county;

     (b) Possess knowledge concerning telephone systems for reporting emergencies; and

     (c) Are not elected public officers.

     2.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

     (a) Consist of not less than five members who:

           (1) Are residents of the county;

           (2) Possess knowledge concerning telephone systems for reporting emergencies; and

           (3) Are not elected public officers; and

     (b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

     3.  If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:

     (a) In a county whose population is [40,000] 45,000 or more but less than [400,000,] 700,000, to enhance the telephone system for reporting an emergency, including only:

           (1) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

           (2) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

           (3) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

           (4) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

     (b) In a county whose population is less than [40,000,] 45,000, to improve the telephone system for reporting an emergency in the county.

 


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     4.  If the balance in the fund created in a county whose population is [40,000] 45,000 or more but less than [400,000] 700,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

     5.  If the balance in the fund created in a county whose population is less than [40,000] 45,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

     Sec. 36.  NRS 244A.767 is hereby amended to read as follows:

     244A.767  1.  The board in any county whose population is [400,000] 700,000 or more, shall, by ordinance, create a taxing district to establish a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that county.

     2.  The boundary of the district:

     (a) Must be defined in the ordinance;

     (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

     (c) May include only the area served by the system.

     3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

     Sec. 37.  NRS 244A.768 is hereby amended to read as follows:

     244A.768  1.  The board in any county whose population is less than [400,000] 700,000 may submit to the voters of that county the question of whether a taxing district to establish a system to provide a telephone number to be used in an emergency should be created within the county. If the question is approved, the board, by ordinance, must create such a district.

     2.  The boundary of a district created pursuant to subsection 1:

     (a) Must be defined in the ordinance;

     (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

     (c) May include only the area served by the system.

     3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

     Sec. 38.  NRS 244A.785 is hereby amended to read as follows:

     244A.785  1.  The board of county commissioners of a county whose population is [400,000] 700,000 or more may, by ordinance, create one or more districts within the unincorporated area of the county for the support of public parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.

     2.  The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.

 


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     3.  The alteration of the boundaries of such a district may be initiated by:

     (a) A petition proposed unanimously by the owners of the property which is located in the proposed area which was not previously included in the district; or

     (b) A resolution adopted by the board of county commissioners on its own motion.

Ê If the board of county commissioners proposes on its own motion to alter the boundaries of a district for the support of public parks, it shall, at the next primary or general election, submit to the registered voters who reside in the proposed area which was not previously included in the district, the question of whether the boundaries of the district shall be altered. If a majority of the voters approve the question, the board shall, by ordinance, alter the boundaries of the district as approved by the voters.

     4.  The sample ballot required to be mailed pursuant to NRS 293.565 must include for the question described in subsection 3, a disclosure of any future increase or decrease in costs which may be reasonably anticipated in relation to the purposes of the district for the support of public parks and its probable effect on the district’s tax rate.

     Sec. 39.  NRS 244A.810 is hereby amended to read as follows:

     244A.810  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 100,000 or more but less than [400,000] 700,000 may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

     2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

     (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

     (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

     3.  Any proceeds of a fee imposed pursuant to this section which are received by a county must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.

     4.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

     5.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

 


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     Sec. 40.  NRS 244A.860 is hereby amended to read as follows:

     244A.860  1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is [400,000] 700,000 or more may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity.

     2.  The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, “replacement vehicle” means a vehicle that is:

     (a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and

     (b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owner’s policy of liability insurance for the motor vehicle.

     3.  After reimbursement of the Department pursuant to paragraph (a) of subsection 1 of NRS 244A.870 for its expense in collecting and administering a fee imposed pursuant to this section, the remaining proceeds of the fee which are received by a county must be used to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof.

     4.  The board of county commissioners of a county that imposes the fee authorized by subsection 1 may enter into a cooperative agreement with another governmental entity in which the other governmental entity agrees to receive the proceeds of the fee from the county if the cooperative agreement includes a provision that requires the other governmental entity to assume all responsibility for the operation of the performing arts center and to use the proceeds of the fee it receives from the county to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, and to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof. A governmental entity that enters into a cooperative agreement with the board of county commissioners pursuant to this subsection may delegate to a nonprofit organization one or more of the responsibilities that the governmental entity assumed pursuant to the cooperative agreement, including, without limitation, the acquisition, design, construction, improvement, equipment, operation and maintenance of the center.

     5.  The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.

     6.  A performing arts center to be acquired, improved, equipped, operated and maintained pursuant to this section may, regardless of the estimated cost of the center, be designed and constructed pursuant to a contract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.

 


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estimated cost of the center, be designed and constructed pursuant to a contract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.

     7.  As used in this section, the words and terms defined in NRS 482.053 and 482.087 have the meanings ascribed to them in those sections.

     Sec. 41.  NRS 246.100 is hereby amended to read as follows:

     246.100  A board of county commissioners of a county whose population is [400,000] 700,000 or more may adopt an ordinance requiring that certificates of marriage be filed in the office of the county clerk.

     Sec. 42.  NRS 248.100 is hereby amended to read as follows:

     248.100  1.  The sheriff shall:

     (a) Except in a county whose population is [400,000] 700,000 or more, attend in person, or by deputy, all sessions of the district court in his or her county.

     (b) Obey all the lawful orders and directions of the district court in his or her county.

     (c) Except as otherwise provided in subsection 2, execute the process, writs or warrants of courts of justice, judicial officers and coroners, when delivered to the sheriff for that purpose.

     2.  The sheriff may authorize the constable of the appropriate township to receive and execute the process, writs or warrants of courts of justice, judicial officers and coroners.

     Sec. 43.  NRS 252.070 is hereby amended to read as follows:

     252.070  1.  All district attorneys may appoint deputies, who are authorized to transact all official business relating to those duties of the office set forth in NRS 252.080 and 252.090 to the same extent as their principals and perform such other duties as the district attorney may from time to time direct. The appointment of a deputy district attorney must not be construed to confer upon that deputy policymaking authority for the office of the district attorney or the county by which the deputy district attorney is employed.

     2.  District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.

     3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the district attorney legally holds and exercises his or her office. Revocations of those appointments must also be recorded as provided in this section. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

     4.  Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065 and this subsection, deputy district attorneys shall not engage in the private practice of law. An attorney appointed to prosecute a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his or her appointment.

     5.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his or her office may require.

 


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staff as the execution of duties and the operation of his or her office may require. The compensation of any person so appointed must be fixed by the board of county commissioners.

     6.  In a county whose population is [400,000] 700,000 or more, deputies are governed by the merit personnel system of the county.

     Sec. 44.  NRS 254.010 is hereby amended to read as follows:

     254.010  The board of county commissioners of any county in this State whose population is [5,000] 4,500 or more may appoint a county engineer and fix the county engineer’s compensation.

     Sec. 45.  NRS 258.010 is hereby amended to read as follows:

     258.010  1.  Except as otherwise provided in subsections 2 and 3:

     (a) Constables must be elected by the qualified electors of their respective townships.

     (b) The constables of the several townships of the State must be chosen at the general election of 1966, and shall enter upon the duties of their offices on the first Monday of January next succeeding their election, and hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.

     (c) Constables must receive certificates of election from the boards of county commissioners of their respective counties.

     2.  In a county which includes only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution must not become effective until the completion of the term of office for which a constable may have been elected.

     3.  In a county whose population:

     (a) Is less than [400,000,] 700,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office of constable in those townships.

     (b) Is [400,000] 700,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may, by ordinance, abolish the office in those townships, but the abolition does not become effective as to a particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection.

Ê For a township in which the office of constable has been abolished, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation.

     Sec. 46.  NRS 260.040 is hereby amended to read as follows:

     260.040  1.  The compensation of the public defender must be fixed by the board of county commissioners. The public defender of any two or more counties must be compensated and be permitted private civil practice of the law as determined by the boards of county commissioners of those counties, subject to the provisions of subsection 4 of this section and NRS 7.065.

     2.  The public defender may appoint as many deputies or assistant attorneys, clerks, investigators, stenographers and other employees as the public defender considers necessary to enable him or her to carry out his or her responsibilities, with the approval of the board of county commissioners. An assistant attorney must be a qualified attorney licensed to practice in this State and may be placed on a part-time or full-time basis. The appointment of a deputy, assistant attorney or other employee pursuant to this subsection must not be construed to confer upon that deputy, assistant attorney or other employee policymaking authority for the office of the public defender or the county or counties by which the deputy, assistant attorney or other employee is employed.

 


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must not be construed to confer upon that deputy, assistant attorney or other employee policymaking authority for the office of the public defender or the county or counties by which the deputy, assistant attorney or other employee is employed.

     3.  The compensation of persons appointed under subsection 2 must be fixed by the board of county commissioners of the county or counties so served.

     4.  The public defender and his or her deputies and assistant attorneys in a county whose population is less than 100,000 may engage in the private practice of law. Except as otherwise provided in this subsection, in any other county, the public defender and his or her deputies and assistant attorneys shall not engage in the private practice of law except as otherwise provided in NRS 7.065. An attorney appointed to defend a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his or her appointment.

     5.  The board of county commissioners shall provide office space, furniture, equipment and supplies for the use of the public defender suitable for the conduct of the business of his or her office. However, the board of county commissioners may provide for an allowance in place of facilities. Each of those items is a charge against the county in which public defender services are rendered. If the public defender serves more than one county, expenses that are properly allocable to the business of more than one of those counties must be prorated among the counties concerned.

     6.  In a county whose population is [400,000] 700,000 or more, deputies are governed by the merit personnel system of the county.

     Sec. 47.  NRS 3.310 is hereby amended to read as follows:

     3.310  1.  Except as otherwise provided in this subsection, the judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. In counties polling less than 4,500 votes, the judge may appoint a bailiff with the concurrence of the sheriff. Subject to the provisions of subsections 2, 4 and 10, in a county whose population is [400,000] 700,000 or more, the judge of each district court may appoint a deputy marshal for the court instead of a bailiff. In each case, the bailiff or deputy marshal serves at the pleasure of the judge he or she serves.

     2.  In all judicial districts where there is more than one judge, there may be a number of bailiffs or deputy marshals at least equal to the number of judges, and in any judicial district where a circuit judge has presided for more than 50 percent of the regular judicial days of the prior calendar year, there may be one additional bailiff or deputy marshal, each bailiff or deputy marshal to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of any bailiff or deputy marshal within 30 days after a vacancy occurs in the office of bailiff or deputy marshal, then the appointment must be made by a majority of the board of county commissioners.

     3.  Each bailiff or deputy marshal shall:

     (a) Preserve order in the court.

     (b) Attend upon the jury.

     (c) Open and close court.

     (d) Perform such other duties as may be required of him or her by the judge of the court.

 


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     4.  The bailiff or deputy marshal must be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his or her duty.

     5.  The compensation of each bailiff or deputy marshal for his or her services must be fixed by the board of county commissioners of the county and his or her salary paid by the county wherein he or she is appointed, the same as the salaries of other county officers are paid.

     6.  The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his or her warrant for it, and the county treasurer shall pay it.

     7.  The provisions of this section do not:

     (a) Authorize the bailiff or deputy marshal to serve any civil or criminal process, except such orders of the court which are specially directed by the court or the presiding judge thereof to him or her for service.

     (b) Except in a county whose population is [400,000] 700,000 or more, relieve the sheriff of any duty required of him or her by law to maintain order in the courtroom.

     8.  If a deputy marshal is appointed for a court pursuant to subsection 1, each session of the court must be attended by the deputy marshal.

     9.  For good cause shown, a deputy marshal appointed for a court pursuant to subsection 1 may be assigned temporarily to assist other judicial departments or assist with court administration as needed.

     10.  A person appointed to be a deputy marshal for a court pursuant to subsection 1 must be certified by the Peace Officers’ Standards and Training Commission as a category I peace officer not later than 18 months after appointment.

     Sec. 48.  NRS 3.475 is hereby amended to read as follows:

     3.475  1.  In a county whose population is [400,000] 700,000 or more, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases that involve the custody or visitation of a child.

     2.  The program must:

     (a) Require the impartial mediation of the issues of custody and visitation and authorize the impartial mediation of any other nonfinancial issue deemed appropriate by the court.

     (b) Authorize the court to exclude a case from the program for good cause shown, including, but not limited to, a showing that:

           (1) There is a history of child abuse or domestic violence by one of the parties;

           (2) The parties are currently participating in private mediation; or

           (3) One of the parties resides outside of the jurisdiction of the court.

     (c) Provide standards for the training of the mediators assigned to cases, including, but not limited to:

           (1) Minimum educational requirements, which must not be restricted to any particular professional or educational training;

           (2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

           (3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

           (4) Minimum requirements for continuing education; and

 


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           (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

     (d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the dispute was resolved.

     (e) Establish a sliding schedule of fees for participation in the program based on the ability of a party to pay.

     (f) Provide for the acceptance of gifts and grants offered in support of the program.

     (g) Allow the court to refer the parties to a private mediator.

     3.  The costs of the program must be paid from the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the county general fund.

     4.  The court shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature on or before March 1 of each odd-numbered year that must include:

     (a) A summary of the number and types of cases mediated and resolved by the program during the previous biennium;

     (b) The fees collected by the program and any gifts or grants received by the court to support the program; and

     (c) Suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.

     5.  This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.

     Sec. 49.  NRS 3.500 is hereby amended to read as follows:

     3.500  1.  In a county whose population is [more than] 100,000 or more and less than [400,000,] 700,000, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases which involve the custody or visitation of a child. A district court in a county whose population is less than 100,000 [or less] may establish such a program in the same manner for use in that county. The district courts in two or more counties whose populations are less than 100,000 [or less] may establish such a program in the same manner for use in the counties in which the courts are located.

     2.  The program must:

     (a) Require the impartial mediation of the issues of custody and visitation and any other nonfinancial issue deemed appropriate by the court.

     (b) Allow the court to exclude a case from the program for good cause shown, including a showing of a history of child abuse or domestic violence by one of the parties, ongoing private mediation or residency of one of the parties out of the jurisdiction of the court.

     (c) Provide standards for the training of the mediators assigned to cases pursuant to the rule, including but not limited to:

           (1) Minimum educational requirements, which may not be restricted to any particular professional or educational training;

           (2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

           (3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

           (4) Minimum requirements for continuing education; and

 


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ê2011 Statutes of Nevada, Page 1133 (Chapter 253, AB 545)ê

 

           (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

     (d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the mediation was successful or not.

     (e) Establish a sliding schedule of fees for participation in the program based on the client’s ability to pay.

     (f) Provide for the acceptance of gifts and grants offered in support of the program.

     (g) Allow the court to refer the parties to a private mediator for assistance in resolving the issues.

     3.  The costs of the program must be paid from the account for dispute resolution in the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the account.

     4.  The district court in any county which has established a program pursuant to this section shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature on or before March 1 of each odd-numbered year. If two or more district courts establish such a program, only one of those courts is required to submit such a report for that program. The report must include a summary of the number and type of cases mediated and resolved by the program during the previous biennium, the fees collected by the program and any gifts or grants received by the court or courts to support the program. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.

     5.  This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.

     Sec. 50.  NRS 4.010 is hereby amended to read as follows:

     4.010  1.  A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

     2.  A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education and:

     (a) In a county whose population is [400,000] 700,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment and has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.

     (b) In a county whose population is less than [400,000,] 700,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment and has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.

 


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     3.  Subsection 2 does not apply to any person who held the office of justice of the peace on June 30, 2001.

     Sec. 51.  NRS 4.020 is hereby amended to read as follows:

     4.020  1.  There must be one justice court in each of the townships of the State, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection 3, the number of justices of the peace in a township must be increased according to the population of the township, as certified by the Governor in even-numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:

     (a) In a county whose population is [400,000] 700,000 or more, one justice of the peace for each 100,000 population of the township, or fraction thereof.

     (b) In a county whose population is 100,000 or more and less than [400,000,] 700,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.

     (c) In a county whose population is less than 100,000, one justice of the peace for each 34,000 population of the township, or fraction thereof.

     (d) If a township includes a city created by the consolidation of a city and county into one municipal government, one justice of the peace for each 30,000 population of the township, or fraction thereof.

     2.  Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.

     3.  If the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the caseload does not warrant an additional justice of the peace, the justices of the peace shall notify the Director of the Legislative Counsel Bureau and the board of county commissioners of their opinion on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The Director of the Legislative Counsel Bureau shall submit the opinion to the next regular session of the Legislature for its consideration. If the justices of the peace transmit such a notice to the Director of the Legislative Counsel Bureau and the board of county commissioners, the number of justices must not be increased during that period unless the Legislature, by resolution, expressly approves the increase.

     4.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

     5.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the Secretary of State the election or appointment and qualification of the justice of the peace. The certificate must be filed in the Office of the Secretary of State as evidence of the official character of that officer.

     Sec. 52.  NRS 4.350 is hereby amended to read as follows:

     4.350  1.  Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners and the justice of the peace, may appoint a deputy clerk for the justice court. The compensation of a clerk so appointed must be fixed by the board of county commissioners.

 


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ê2011 Statutes of Nevada, Page 1135 (Chapter 253, AB 545)ê

 

     2.  The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county. The county clerk is not personally liable, on his or her official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.

     3.  The deputy clerk may, under the direct supervision of the justice of the peace, administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform any other duties in connection with the office as the justice of the peace prescribes.

     4.  Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners and the justices of the peace, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.

     5.  In a county whose population is [400,000] 700,000 or more, the board of county commissioners, with the approval of the justice of the peace, may appoint a deputy clerk for a justice court. If there is more than one justice of the peace serving in any township, the board, with the approval of the justices of the peace, may appoint one or more additional deputy clerks.

     6.  If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the clerk of the court and may appoint as many deputy clerks for the justice court as the justice of the peace determines necessary.

     Sec. 53.  NRS 4.353 is hereby amended to read as follows:

     4.353  1.  Subject to the provisions of subsections 2, 4 and 10, in a county whose population is [400,000] 700,000 or more, the justice of the peace for each justice court may appoint a deputy marshal for the court instead of a bailiff. The deputy marshal serves at the pleasure of the justice of the peace that the deputy marshal serves.

     2.  In all townships where there is more than one justice of the peace, there may be a number of deputy marshals at least equal to the number of justices of the peace. If the justices of the peace cannot agree upon the appointment of any deputy marshal within 30 days after a vacancy occurs in the office of deputy marshal, the appointment must be made by a majority of the board of county commissioners.

     3.  Each deputy marshal shall:

     (a) Preserve order in the court.

     (b) Open and close court.

     (c) Perform other such duties as may be required of the deputy marshal by the justice of the peace of the court.

     4.  The deputy marshal must be a qualified elector of the county and shall give bond, to be approved by the justice of the peace, in the sum of $2,000, conditioned for the faithful performance of his or her duty.

     5.  The compensation of each deputy marshal for his or her services must be fixed by the board of county commissioners of the county and the deputy marshal’s salary paid by the county wherein he or she is appointed, the same as the salaries of other county officers are paid.

 


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ê2011 Statutes of Nevada, Page 1136 (Chapter 253, AB 545)ê

 

     6.  The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his or her warrant for it, and the county treasurer shall pay it.

     7.  The provisions of this section do not authorize the deputy marshal to serve any civil or criminal process, except such orders of the court which are specially directed by the court or the presiding justice of the peace thereof to the deputy marshal for service.

     8.  If a deputy marshal is appointed for a court pursuant to subsection 1, each session of the court must be attended by the deputy marshal.

     9.  For good cause shown, a deputy marshal appointed for a court pursuant to subsection 1 may be assigned temporarily to assist other justice courts or assist with court administration as needed.

     10.  A person appointed to be a deputy marshal pursuant to subsection 1 must be certified by the Peace Officers’ Standards and Training Commission as a category I peace officer not later than 18 months after appointment.

     Sec. 54.  NRS 4.370 is hereby amended to read as follows:

     4.370  1.  Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

     (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $10,000.

     (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $10,000.

     (c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $10,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

     (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $10,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

     (e) In actions to recover the possession of personal property, if the value of the property does not exceed $10,000.

     (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.

     (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $10,000 or when no damages are claimed.

     (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $10,000 or when no damages are claimed.

     (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $10,000.

     (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

 


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ê2011 Statutes of Nevada, Page 1137 (Chapter 253, AB 545)ê

 

     (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $10,000.

     (l) In actions for a fine imposed for a violation of NRS 484D.680.

     (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

           (1) In a county whose population is [more than] 100,000 or more and less than [400,000;] 700,000;

           (2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more ; [than 400,000;] or

           (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

     (n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

     (o) In small claims actions under the provisions of chapter 73 of NRS.

     (p) In actions to contest the validity of liens on mobile homes or manufactured homes.

     (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

     (r) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.

     (s) In actions transferred from the district court pursuant to NRS 3.221.

     (t) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

     2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

     3.  Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.

     4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

     5.  In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

     6.  Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

 


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ê2011 Statutes of Nevada, Page 1138 (Chapter 253, AB 545)ê

 

     Sec. 55.  NRS 33.020 is hereby amended to read as follows:

     33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.

     2.  The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.

     3.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.

     4.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

     5.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

     6.  In a county whose population is [47,000] 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 5.

     7.  In a county whose population is less than [47,000,] 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 5.

     8.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

     Sec. 56.  NRS 62A.080 is hereby amended to read as follows:

     62A.080  “Director of juvenile services” means:

     1.  In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is appointed pursuant to NRS 62G.050;

 


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ê2011 Statutes of Nevada, Page 1139 (Chapter 253, AB 545)ê

 

     2.  In a judicial district that includes a county whose population is 100,000 or more but less than [400,000,] 700,000, the director of juvenile services who is appointed pursuant to NRS 62G.130; or

     3.  In a judicial district that includes a county whose population is [400,000] 700,000 or more, the director of the department of juvenile justice services who is appointed pursuant to NRS 62G.330 or who is appointed pursuant to NRS 62G.200 to 62G.240, inclusive.

     Sec. 57.  NRS 62B.150 is hereby amended to read as follows:

     62B.150  1.  Except as otherwise provided in subsection 6, each county shall pay an assessment for the operation of each regional facility for the detention of children that is partially supported by the State of Nevada and is operated by a county whose population is less than [400,000.] 700,000.

     2.  The assessment owed by each county equals the total amount budgeted by the Legislature for the operation of the regional facility, minus any money appropriated by the Legislature for the support of the regional facility, divided by the total number of pupils in this State in the preceding school year, excluding pupils in counties whose population is [400,000] 700,000 or more, and multiplied by the number of pupils in the assessed county. The Administrator of the Division of Child and Family Services shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

     3.  Each county must pay the assessed amount to the Division of Child and Family Services in quarterly installments that are due the first day of the first month of each calendar quarter.

     4.  The Administrator of the Division of Child and Family Services shall deposit the money received pursuant to subsection 3 in a separate account in the State General Fund. The money in the account may be withdrawn only by the Administrator for the operation of regional facilities for the detention of children.

     5.  Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

     6.  The provisions of this section do not apply to a county whose population is [400,000] 700,000 or more.

     7.  As used in this section, “regional facility for the detention of children” or “regional facility” does not include the institution in Lyon County known as Western Nevada Regional Youth Center.

     Sec. 58.  NRS 62B.160 is hereby amended to read as follows:

     62B.160  1.  Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for the detention of children that serves the county if the regional facility:

     (a) Is operated by a county whose population is less than [400,000] 700,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than [400,000] 700,000 each;

     (b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the regional facility is operated pursuant to an interlocal agreement to benefit other counties; and

     (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the regional facility for a child referred to the regional facility by the State of Nevada.

 


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ê2011 Statutes of Nevada, Page 1140 (Chapter 253, AB 545)ê

 

     2.  The administrator of a regional facility for the detention of children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:

     (a) For the first 2 years of operation of the regional facility, the total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility and multiplied by the number of pupils in the preceding school year in the assessed county.

     (b) For each year subsequent to the second year of operation of the regional facility, unless the counties served by the regional facility enter into an interlocal agreement to the contrary, the total of:

           (1) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the regional facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and

           (2) The total amount budgeted for the operation of the regional facility by the governing body of the county or other entity responsible for the operation of the regional facility, minus any money received from the State of Nevada to pay for fees for a child referred to the regional facility by the State of Nevada, divided by the total number of pupils who were served by the regional facility in the preceding school year from all counties served by the regional facility, multiplied by the number of pupils who were served by the regional facility in the preceding school year from the assessed county and multiplied by three-fourths.

     3.  Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the regional facility is operated by a county or to the administrative entity responsible for the operation of the regional facility in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility.

     4.  The board of county commissioners of each county may pay the assessment from revenue raised by a tax levied pursuant to NRS 354.59818, any other available money, or a combination thereof.

     5.  The provisions of this section do not apply to a county whose population is [400,000] 700,000 or more.

     6.  As used in this section, “regional facility for the detention of children” or “regional facility” does not include the institution in Douglas County known as China Spring Youth Camp.

     Sec. 59.  NRS 62B.200 is hereby amended to read as follows:

     62B.200  1.  The board of county commissioners:

     (a) In a county whose population is [50,000] 55,000 or more, shall provide a facility for the detention of children.

     (b) In all other counties, may provide a facility for the detention of children.

 


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ê2011 Statutes of Nevada, Page 1141 (Chapter 253, AB 545)ê

 

     2.  The boards of county commissioners of two or more counties, without regard to the population of the counties, may provide a combined facility for the detention of children under terms agreed upon by the boards of county commissioners and the juvenile courts of the affected judicial districts.

     3.  In addition to any facilities for the detention of children, a board of county commissioners may establish or maintain programs which provide alternatives to placing a child in a facility for the detention of children.

     Sec. 60.  NRS 62G.100 is hereby amended to read as follows:

     62G.100  The provisions of NRS 62G.100 to 62G.170, inclusive, apply to a judicial district which includes a county whose population is 100,000 or more but less than [400,000.] 700,000.

     Sec. 61.  NRS 62G.200 is hereby amended to read as follows:

     62G.200  1.  The provisions of NRS 62G.200 to 62G.240, inclusive, apply only to a county:

     (a) Whose population is [400,000] 700,000 or more; and

     (b) Which constitutes a judicial district.

     2.  If a department of juvenile justice services has been established by ordinance in a judicial district pursuant to NRS 62G.200 to 62G.240, inclusive, the provisions of NRS 62G.300 to 62G.370, inclusive, do not apply to that judicial district for the period the ordinance is in effect.

     Sec. 62.  NRS 62G.300 is hereby amended to read as follows:

     62G.300  The provisions of NRS 62G.300 to 62G.370, inclusive, apply to a judicial district which includes a county whose population is [400,000] 700,000 or more, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.200 to 62G.240, inclusive.

     Sec. 63.  NRS 67.010 is hereby amended to read as follows:

     67.010  1.  The jury must be summoned upon an order of the justice from, except as otherwise provided in subsection 2, the qualified electors, whether or not registered as voters, of the city, precinct or township, and not from the bystanders.

     2.  In a county whose population is [400,000] 700,000 or more, the justice may summon to the court, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders, the number of qualified jurors which the justice determines is necessary for the formation of a jury.

     Sec. 64.  NRS 67.050 is hereby amended to read as follows:

     67.050  In a county whose population is [400,000] 700,000 or more, a person who lives 65 miles or more from the justice court is exempt from serving as a trial juror. Whenever it appears to the satisfaction of the justice court, by affidavit or otherwise, that a juror lives 65 miles or more from the justice court, the justice court shall order the juror excused from all service as a trial juror, if the juror so desires.

     Sec. 65.  NRS 108.2405 is hereby amended to read as follows:

     108.2405  1.  The provisions of NRS 108.2403 and 108.2407 do not apply:

     (a) In a county with a population of [400,000] 700,000 or more with respect to a ground lessee who enters into a ground lease for real property which is designated for use or development by the county for commercial purposes which are compatible with the operation of the international airport for the county.

 


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ê2011 Statutes of Nevada, Page 1142 (Chapter 253, AB 545)ê

 

     (b) If all owners of the property, individually or collectively, record a written notice of waiver of the owners’ rights set forth in NRS 108.234 with the county recorder of the county where the property is located before the commencement of construction of the work of improvement.

     2.  Each owner who records a notice of waiver pursuant to paragraph (b) of subsection 1 must serve such notice by certified mail, return receipt requested, upon the prime contractor of the work of improvement and all other lien claimants who may give the owner a notice of right to lien pursuant to NRS 108.245, within 10 days after the owner’s receipt of a notice of right to lien or 10 days after the date on which the notice of waiver is recorded pursuant to this subsection.

     3.  As used in this section:

     (a) “Ground lease” means a written agreement:

           (1) To lease real property which, on the date on which the agreement is signed, does not include any existing buildings or improvements that may be occupied on the land; and

           (2) That is entered into for a period of not less than 10 years, excluding any options to renew that may be included in any such lease.

     (b) “Ground lessee” means a person who enters into a ground lease as a lessee with the county as record owner of the real property as the lessor.

     Sec. 66.  NRS 113.080 is hereby amended to read as follows:

     113.080  1.  Except as otherwise provided in subsection 3, in a county whose population is [400,000] 700,000 or more, a seller may not sign a sales agreement with the initial purchaser of a residence unless the seller, at least 24 hours before the time of the signing, provides the initial purchaser with a disclosure document that contains:

     (a) A copy of the most recent gaming enterprise district map that has been made available for public inspection pursuant to NRS 463.309 by the city or town in which the residence is located or, if the residence is not located in a city or town, by the county in which the residence is located; and

     (b) The location of the gaming enterprise district that is nearest to the residence, regardless of the jurisdiction in which the nearest gaming enterprise district is located.

Ê The seller shall retain a copy of the disclosure document that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

     2.  The information contained in the disclosure document required by subsection 1 must:

     (a) Be updated not less than once every 6 months;

     (b) Advise the initial purchaser that gaming enterprise districts are subject to change; and

     (c) Provide the initial purchaser with instructions on how to obtain more current information regarding gaming enterprise districts.

     3.  The initial purchaser of a residence may waive the 24-hour period required by subsection 1 if the seller provides the initial purchaser with the information required by subsections 1 and 2 and the initial purchaser signs a written waiver. The seller shall retain a copy of the written waiver that has been signed by the initial purchaser acknowledging the time and date of receipt by the initial purchaser of the original document.

     4.  As used in this section, “seller” has the meaning ascribed to it in NRS 113.070.

 


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     Sec. 67.  NRS 116.1201 is hereby amended to read as follows:

     116.1201  1.  Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State.

     2.  This chapter does not apply to:

     (a) A limited-purpose association, except that a limited-purpose association:

           (1) Shall pay the fees required pursuant to NRS 116.31155, except that if the limited-purpose association is created for a rural agricultural residential common-interest community, the limited-purpose association is not required to pay the fee unless the association intends to use the services of the Ombudsman;

           (2) Shall register with the Ombudsman pursuant to NRS 116.31158;

           (3) Shall comply with the provisions of:

                (I) NRS 116.31038;

                (II) NRS 116.31083 and 116.31152, unless the limited-purpose association is created for a rural agricultural residential common-interest community;

                (III) NRS 116.31073, if the limited-purpose association is created for maintaining the landscape of the common elements of the common-interest community; and

                (IV) NRS 116.31075, if the limited-purpose association is created for a rural agricultural residential common-interest community;

           (4) Shall comply with the provisions of NRS 116.4101 to 116.412, inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and

           (5) Shall not enforce any restrictions concerning the use of units by the units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

     (b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter or a part of this chapter does apply to that planned community pursuant to NRS 116.12075. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.

     (c) Common-interest communities or units located outside of this State, but the provisions of NRS 116.4102 to 116.4108, inclusive, apply to all contracts for the disposition thereof signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.

     (d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than [50,000,] 55,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units’ owners otherwise elect in writing.

     (e) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.

     3.  The provisions of this chapter do not:

     (a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units’ owners;

 


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     (b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;

     (c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992;

     (d) Prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105 from providing for a representative form of government, except that, in the election or removal of a member of the executive board, the voting rights of the units’ owners may not be exercised by delegates or representatives;

     (e) Prohibit a master association which governs a time-share plan created pursuant to chapter 119A of NRS from providing for a representative form of government for the time-share plan; or

     (f) Prohibit a master association which governs a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted and which is exempt from the provisions of this chapter pursuant to paragraph (b) of subsection 2 from providing for a representative form of government.

     4.  The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.

     5.  The Commission shall establish, by regulation:

     (a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and

     (b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412, inclusive.

     6.  As used in this section, “limited-purpose association” means an association that:

     (a) Is created for the limited purpose of maintaining:

           (1) The landscape of the common elements of a common-interest community;

           (2) Facilities for flood control; or

           (3) A rural agricultural residential common-interest community; and

     (b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

     Sec. 68.  NRS 116.21205 is hereby amended to read as follows:

     116.21205  The executive board of a master association of any common-interest community that was created before January 1, 1975, and is located in a county whose population is [400,000] 700,000 or more may record an amendment to the declaration pursuant to which the master association reallocates the costs of administering the common elements of the master association among the units of the common-interest community uniformly and based upon the actual costs associated with each unit.

     Sec. 69.  NRS 116.31152 is hereby amended to read as follows:

     116.31152  1.  The executive board shall:

     (a) At least once every 5 years, cause to be conducted a study of the reserves required to repair, replace and restore the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore;

 


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     (b) At least annually, review the results of that study to determine whether those reserves are sufficient; and

     (c) At least annually, make any adjustments to the association’s funding plan which the executive board deems necessary to provide adequate funding for the required reserves.

     2.  Except as otherwise provided in this subsection, the study of the reserves required by subsection 1 must be conducted by a person who holds a permit issued pursuant to chapter 116A of NRS. If the common-interest community contains 20 or fewer units and is located in a county whose population is [50,000 or less,] less than 55,000, the study of the reserves required by subsection 1 may be conducted by any person whom the executive board deems qualified to conduct the study.

     3.  The study of the reserves must include, without limitation:

     (a) A summary of an inspection of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore;

     (b) An identification of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore which have a remaining useful life of less than 30 years;

     (c) An estimate of the remaining useful life of each major component of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore identified pursuant to paragraph (b);

     (d) An estimate of the cost of maintenance, repair, replacement or restoration of each major component of the common elements and any other portion of the common-interest community identified pursuant to paragraph (b) during and at the end of its useful life; and

     (e) An estimate of the total annual assessment that may be necessary to cover the cost of maintaining, repairing, replacement or restoration of the major components of the common elements and any other portion of the common-interest community identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study, and an estimate of the funding plan that may be necessary to provide adequate funding for the required reserves.

     4.  A summary of the study of the reserves required by subsection 1 must be submitted to the Division not later than 45 days after the date that the executive board adopts the results of the study.

     5.  If a common-interest community was developed as part of a planned unit development pursuant to chapter 278A of NRS and is subject to an agreement with a city or county to receive credit against the amount of the residential construction tax that is imposed pursuant to NRS 278.4983 and 278.4985, the association that is organized for the common-interest community may use the money from that credit for the repair, replacement or restoration of park facilities and related improvements if:

     (a) The park facilities and related improvements are identified as major components of the common elements of the association; and

     (b) The association is obligated to repair, replace or restore the park facilities and related improvements in accordance with the study of the reserves required by subsection 1.

 


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     Sec. 70.  NRS 116.600 is hereby amended to read as follows:

     116.600  1.  The Commission for Common-Interest Communities and Condominium Hotels is hereby created.

     2.  The Commission consists of seven members appointed by the Governor. The Governor shall appoint to the Commission:

     (a) One member who is a unit’s owner residing in this State and who has served as a member of an executive board in this State;

     (b) Two members who are units’ owners residing in this State but who are not required to have served as members of an executive board;

     (c) One member who is in the business of developing common-interest communities in this State;

     (d) One member who holds a certificate;

     (e) One member who is a certified public accountant licensed to practice in this State pursuant to the provisions of chapter 628 of NRS; and

     (f) One member who is an attorney licensed to practice in this State.

     3.  Each member of the Commission must be a resident of this State. At least four members of the Commission must be residents of a county whose population is [400,000] 700,000 or more.

     4.  Each member of the Commission must have resided in a common-interest community or have been actively engaged in a business or profession related to common-interest communities for not less than 3 years immediately preceding the date of the member’s appointment.

     5.  After the initial terms, each member of the Commission serves a term of 3 years. Each member may serve not more than two consecutive full terms. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace the member for the remainder of the unexpired term.

     6.  While engaged in the business of the Commission, each member is entitled to receive:

     (a) A salary of not more than $80 per day, as established by the Commission; and

     (b) The per diem allowance and travel expenses provided for state officers and employees generally.

     Sec. 71.  NRS 122.040 is hereby amended to read as follows:

     122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

     (a) In a county whose population is [400,000] 700,000 or more:

           (1) Shall designate one branch office of the county clerk at which marriage licenses may be issued and shall establish and maintain the designated branch office in an incorporated city whose population is [150,000] 220,000 or more but less than [300,000;] 500,000; and

           (2) May, in addition to the branch office described in subparagraph (1), at the request of the county clerk, designate not more than four branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

     (b) In a county whose population is less than [400,000] 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

 


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     2.  Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

     (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

     (b) A passport.

     (c) A birth certificate and:

           (1) Any secondary document that contains the name and a photograph of the applicant; or

           (2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

     (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

     (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

     (f) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

     3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

     4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

     (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

 


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     (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

     5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

     (a) Personally given before the clerk;

     (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that the witness saw the parent or guardian subscribe his or her name to the annexed certificate, or heard him or her acknowledge it; or

     (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

     6.  If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parent’s first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.

     7.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

     8.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

     9.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

     Sec. 72.  NRS 122.173 is hereby amended to read as follows:

     122.173  1.  In a county whose population is [400,000] 700,000 or more and in which a commissioner township is located, the county clerk shall:

     (a) Be commissioner of civil marriages for such township; and

     (b) Solemnize marriages within each commissioner township located within his or her county.

     2.  In a county whose population is less than [400,000] 700,000 and in which a commissioner township is located, the board of county commissioners may, by ordinance, appoint the county clerk to act as the commissioner of civil marriages. Such an ordinance may authorize the commissioner of civil marriages to solemnize marriages within each commissioner township located within the county.

 


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     3.  The county clerk is not entitled to receive additional compensation for acting in the capacity of commissioner of civil marriages.

     Sec. 73.  NRS 122.175 is hereby amended to read as follows:

     122.175  1.  In a county whose population is [400,000] 700,000 or more, the commissioner of civil marriages may appoint deputy commissioners of civil marriages. Such deputies shall:

     (a) Solemnize marriages in commissioner townships under the direction of the commissioner; and

     (b) Perform such other duties as the commissioner may direct.

     2.  In a county whose population is less than [400,000] 700,000 and in which the board of county commissioners has appointed the county clerk to act as the commissioner of civil marriages, the board may, by ordinance, establish the number of deputy commissioners of civil marriages which may be appointed by the commissioner of civil marriages to carry out the duties set forth in subsection 1.

     3.  No deputy commissioner of civil marriages may solemnize marriages at any time other than during the working hours or shift during which the deputy commissioner is employed.

     4.  The deputy commissioners of civil marriages are employees of the county clerk’s office and are entitled to be compensated by a salary and by such other benefits as are available to other county personnel regularly employed in the same county clerk’s office. The compensation of any deputy commissioner of civil marriages must not be based in any manner upon the number or volume of marriages that the deputy commissioner may solemnize in the performance of his or her duties.

     5.  In counties in which deputy commissioners of civil marriages are employed, no more than two deputy commissioners may be on duty within the courthouse of such a county for the purpose of solemnizing marriages at any one time.

     Sec. 74.  NRS 125.005 is hereby amended to read as follows:

     125.005  1.  In any action for divorce, annulment or separate maintenance, or any proceeding in which the support for or custody and visitation of a minor child is an issue, the district judge may appoint any person qualified by previous experience, training and demonstrated interest in domestic relations as referee.

     2.  Subject to the specifications and limitations stated in the order of appointment, the referee shall hear all disputed factual issues and make written findings of fact and recommendations to the district judge.

     3.  The proceedings before the referee must be conducted in the same manner as in the district court. The referee may rule upon the admissibility of evidence unless otherwise directed by the court. The referee may call the parties to the action and other witnesses and may examine them under oath.

     4.  The report of the referee must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the report, either party may file and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact unless clearly erroneous, and judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter and enter such order, judgment or decree as is just, equitable and appropriate.

 


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     5.  The compensation of a referee appointed pursuant to this section must not be taxed against the parties but must be fixed by the judge to be paid from appropriations made by the board of county commissioners for the expenses of the district court.

     6.  The provisions of this section apply only in judicial districts that do not include a county whose population is [400,000] 700,000 or more.

     Sec. 75.  NRS 217.410 is hereby amended to read as follows:

     217.410  In a county whose population is [400,000] 700,000 or more, the Administrator of the Division shall allocate 15 percent of all money granted to organizations in the county from the Account for Aid for Victims of Domestic Violence to an organization in the county which has been specifically created to assist victims of sexual assault. The Administrator of the Division has the final authority in determining whether an organization may receive money pursuant to this section. Any organization which receives money pursuant to this section shall furnish reports to the Administrator of the Division as required by NRS 217.460. To be eligible for this money, the organization must receive at least 15 percent of its money from sources other than the Federal Government, the State, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with this requirement.

     Sec. 75.5.  Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Before changing a classification in a statute based upon population as defined in NRS 0.050, the Legislature shall review the classification, consider the suggestions of all interested persons in the State relating to whether the classification should remain unchanged or be amended, and find that the classification should be amended to a different level. The determination that a classification should be amended must not solely be based upon changes in the population of local governments in this State.

     2.  In determining whether a classification should be amended, the Legislature shall consider:

     (a) The appropriateness of the statute to local governments or other entities of a particular population classification;

     (b) Any changes in conditions that are applicable to the affected entities;

     (c) Changes in state or federal law other than the law being amended; and

     (d) The testimony of representatives of local governments and other persons indicating a need for and desire to apply the statute to the local government or to exclude the local government from the applicability of the statute.

     Sec. 76.  NRS 218D.205 is hereby amended to read as follows:

     218D.205  1.  Except as otherwise provided in subsections 3, 4 and 5, each board of county commissioners, board of trustees of a school district and city council may request the Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to prepare any legislative measure which has been approved by the governing body of the county, school district or city at a public hearing before its submission to the Legislative Counsel Bureau.

 


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     2.  The Legislative Counsel shall notify the requesting county, school district or city if its request substantially duplicates a request previously submitted by another county, school district or city.

     3.  The board of county commissioners of a county whose population:

     (a) Is [400,000] 700,000 or more shall not request the preparation of more than 4 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is 100,000 or more but less than [400,000] 700,000 shall not request the preparation of more than 2 legislative measures pursuant to subsection 1 for a regular legislative session.

     (c) Is less than 100,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     4.  The board of trustees of a school district in a county whose population:

     (a) Is [400,000] 700,000 or more shall not request the preparation of more than 2 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is less than [400,000] 700,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     5.  The city council of a city whose population:

     (a) Is [100,000] 150,000 or more shall not request the preparation of more than 3 legislative measures pursuant to subsection 1 for a regular legislative session.

     (b) Is less than [100,000] 150,000 shall not request the preparation of more than 1 legislative measure pursuant to subsection 1 for a regular legislative session.

     6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. The measures requested pursuant to this section must be prefiled on or before December 15 preceding the regular session. A measure that is not prefiled on or before that date shall be deemed withdrawn.

     7.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

     Sec. 77.  NRS 231.067 is hereby amended to read as follows:

     231.067  The Commission on Economic Development shall:

     1.  Develop a State Plan for Industrial Development and Diversification.

     2.  Except as otherwise provided in this subsection, promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this State, except for travel and tourism. In a county whose population is less than [50,000,] 55,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

     3.  Identify sources of financing to assist businesses and industries which wish to locate or expand in Nevada.

     4.  Provide and administer grants of money to political subdivisions of the State and to local or regional organizations for economic development to assist them in promoting the advantages of their communities, in expanding and retaining businesses in those communities and in recruiting businesses to those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except in a county whose population is less than [50,000,] 55,000, the Commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

 


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least equal to the grant, for the same purpose, except in a county whose population is less than [50,000,] 55,000, the Commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

     5.  Encourage and assist state, county and city agencies in planning and preparing projects for community, economic and industrial development and financing those projects with revenue bonds or community development block grants.

     6.  Except as otherwise provided in this subsection, coordinate and assist the activities of counties, cities, local and regional organizations for economic development in the State which affect economic and industrial development, except for travel and tourism. In a county whose population is less than [50,000,] 55,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

     7.  Arrange by cooperative agreements with local governments to serve as the single agency in the State where relocating or expanding businesses may obtain all required permits.

     8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

     9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

     10.  As used in this section, “community development block grant” means a grant administered or made available by the United States Department of Housing and Urban Development pursuant to 24 C.F.R. Part 570.

     Sec. 78.  NRS 231.128 is hereby amended to read as follows:

     231.128  1.  Before a motion picture company begins production of a motion picture in this State, the motion picture company must:

     (a) Register with the Division of Motion Pictures; and

     (b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this State.

     2.  The registration filed with the Division of Motion Pictures must:

     (a) Contain a provision which provides that the motion picture company agrees to pay, within 30 days after the filming of the motion picture is completed in this State, all of the debts and obligations incurred by the motion picture company in the production of the motion picture in this State.

     (b) Be signed by:

           (1) A person who is authorized to enter into an agreement on behalf of the motion picture company; and

           (2) The Administrator of the Division of Motion Pictures or, in a county whose population is [400,000] 700,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.

     Sec. 79.  NRS 231.170 is hereby amended to read as follows:

     231.170  1.  The Commission on Tourism is composed of 11 voting members as follows:

     (a) The Lieutenant Governor, who is its Chair;

     (b) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and

 


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     (c) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

     2.  A change in any member of the Commission who serves pursuant to paragraph (c) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

     3.  Of the members appointed by the Governor pursuant to paragraph (b) of subsection 1:

     (a) At least one member must be a resident of a county whose population is [400,000] 700,000 or more.

     (b) At least one member must be a resident of a county whose population is 100,000 or more but less than [400,000.] 700,000.

     (c) At least two members must be residents of counties whose population is less than 100,000.

     (d) Four members must be residents of any county in this State.

     Sec. 80.  NRS 231.260 is hereby amended to read as follows:

     231.260  The Commission on Tourism, through its Division of Tourism, shall:

     1.  Promote this State so as to increase the number of domestic and international tourists.

     2.  Promote special events which are designed to increase tourism.

     3.  Develop a State Plan to Promote Travel and Tourism in Nevada.

     4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this State or lengthen their stay.

     5.  Provide and administer grants of money or matching grants to political subdivisions of the State, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

     (a) Developing local programs for marketing and advertising which are consistent with the State Plan.

     (b) Promoting specific events and attractions in their communities.

     (c) Evaluating the effectiveness of the local programs and events.

Ê Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [50,000,] 55,000, the Commission may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.

     6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the State. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the Commission.

     7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

 


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     8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

     9.  Prepare and publish, with the assistance of the Division of Publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

     Sec. 81.  NRS 233A.104 is hereby amended to read as follows:

     233A.104  1.  There is hereby created in the Commission the Advisory Committee Concerning the Children’s Health Insurance Program. The Advisory Committee consists of:

     (a) One member who is the chair of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the eastern portion of this State. The appointed member may designate a representative to serve in the member’s absence.

     (b) One member who is the chair of a tribal council or chief of a Nevada Indian tribe and is appointed by the governing body of a unit of the Indian Health Service that is designated to serve the health care needs of Indians in the western portion of this State. The appointed member may designate a representative to serve in the member’s absence.

     (c) One member who is appointed by the Inter-Tribal Council of Nevada, Inc.

     (d) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is more than 100,000, but less than [400,000.] 700,000.

     (e) One member who is appointed by the governing board of an organization that is partially funded by the Indian Health Service and which specifically serves the health care needs of Indians in each county whose population is [400,000] 700,000 or more.

     2.  Each member serves a term of 2 years. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.

     3.  A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

     4.  The Advisory Committee shall meet at least twice annually.

     5.  At its first meeting and annually thereafter, the Advisory Committee shall elect a Chair from among its members.

     Sec. 82.  NRS 239C.120 is hereby amended to read as follows:

     239C.120  1.  The Nevada Commission on Homeland Security is hereby created.

     2.  The Governor shall appoint to the Commission 14 voting members that the Governor determines to be appropriate and who serve at the Governor’s pleasure, which must include at least:

     (a) The sheriff of each county whose population is 100,000 or more;

     (b) The chief of the county fire department in each county whose population is 100,000 or more;

     (c) A member of the medical community in a county whose population is [400,000] 700,000 or more; and

     (d) An employee of the largest incorporated city in each county whose population is [400,000] 700,000 or more.

     3.  The Governor shall appoint:

 


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     (a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State; and

     (b) The agent in charge of the office of the Federal Bureau of Investigation in this State,

Ê as nonvoting members of the Commission.

     4.  The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

     5.  The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

     6.  Except for the initial members, the term of office of each member of the Commission who is a Legislator is 2 years and commences on July 1 of the year of appointment.

     7.  The Governor or his or her designee shall:

     (a) Serve as Chair of the Commission; and

     (b) Appoint a member of the Commission to serve as Vice Chair of the Commission.

     Sec. 83.  NRS 241.0355 is hereby amended to read as follows:

     241.0355  1.  A public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action. For purposes of this subsection, a public body may not count an abstention as a vote in favor of an action.

     2.  In a county whose population is [40,000] 45,000 or more, the provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420. The opinion of counsel must be in writing and set forth with specificity the factual circumstances and analysis leading to that conclusion.

     Sec. 84.  NRS 266.344 is hereby amended to read as follows:

     266.344  1.  Except as otherwise provided in this section, the city council of a city of population category two or three in a county whose population is [400,000] 700,000 or more may, by ordinance, impose a surcharge on each access line or trunk line of each customer to the local exchange of any telephone company providing those lines in the city, for the enhancement of the telephone system for reporting an emergency in the city.

     2.  A city council may not impose a surcharge pursuant to this section unless the city council first adopts a 5-year master plan for the enhancement of the telephone system for reporting emergencies in the city. The master plan must include an estimate of the cost of the enhancement of the telephone system and all proposed sources of money for funding the enhancement.

     3.  The surcharge imposed by a city council pursuant to this section:

     (a) For each access line to the local exchange of a telephone company, must not exceed 25 cents each month; and

     (b) For each trunk line to the local exchange of a telephone company, must equal 10 times the amount of the surcharge imposed for each access line to the local exchange of a telephone company pursuant to paragraph (a).

     4.  A telephone company which provides access lines or trunk lines in a city that imposes a surcharge pursuant to this section shall collect the surcharge from its customers each month.

 


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surcharge from its customers each month. The telephone company shall remit the surcharge it collects to the treasurer of the city in which the surcharge is imposed not later than the 15th day of the month after the month it receives payment of the surcharge from its customers.

     5.  An ordinance adopted pursuant to subsection 1 may include a schedule of penalties for the delinquent payment of amounts due from telephone companies pursuant to this section. Such a schedule:

     (a) Must provide for a grace period of not less than 90 days after the date on which the telephone company must otherwise remit the surcharge to the city treasurer; and

     (b) Must not provide for a penalty that exceeds 5 percent of the cumulative amount of surcharges owed by a telephone company.

     Sec. 85.  NRS 268.096 is hereby amended to read as follows:

     268.096  1.  The city council or other governing body of each incorporated city:

     (a) In a county whose population is [400,000] 700,000 or more, shall impose a tax at a rate of 2 percent; and

     (b) In a county whose population is less than [400,000,] 700,000, shall impose a tax at the rate of 1 percent,

Ê of the gross receipts from the rental of transient lodging in that city upon all persons in the business of providing lodging. This tax must be imposed by the city council or other governing body of each incorporated city, regardless of the existence or nonexistence of any other license fee or tax imposed on the revenues from the rental of transient lodging. The ordinance imposing the tax must include a schedule for the payment of the tax and the provisions of subsection 4.

     2.  The tax imposed pursuant to subsection 1 must be collected and administered pursuant to NRS 268.095.

     3.  The tax imposed pursuant to subsection 1 may be collected from the paying guests and may be shown as an addition to the charge for the rental of transient lodging. The person providing the transient lodging is liable to the city for the tax whether or not it is actually collected from the paying guest.

     4.  If the tax imposed pursuant to subsection 1 is not paid within the time set forth in the schedule for payment, the city shall charge and collect in addition to the tax:

     (a) A penalty of not more than 10 percent of the amount due, exclusive of interest, or an administrative fee established by the governing body, whichever is greater; and

     (b) Interest on the amount due at the rate of not more than 1.5 percent per month or fraction thereof from the date on which the tax became due until the date of payment.

     5.  As used in this section, “gross receipts from the rental of transient lodging” does not include the tax imposed or collected from paying guests pursuant to this section or NRS 244.3352.

     Sec. 86.  NRS 268.0962 is hereby amended to read as follows:

     268.0962  The proceeds of the tax imposed pursuant to NRS 268.096 and any applicable penalty or interest must be distributed as follows:

     1.  In a county whose population is [400,000] 700,000 or more:

     (a) Three-eighths of the first 1 percent of the proceeds must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

 


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     (b) The remaining proceeds must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

     2.  In a county whose population is less than [400,000:] 700,000:

     (a) Three-eighths must be paid to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism.

     (b) Five-eighths must be deposited with the county fair and recreation board created pursuant to NRS 244A.599 or, if no such board is created, with the city council or other governing body of the incorporated city, to be used to advertise the resources of that county or incorporated city related to tourism, including available accommodations, transportation, entertainment, natural resources and climate, and to promote special events related thereto.

     Sec. 87.  NRS 268.0968 is hereby amended to read as follows:

     268.0968  1.  Except as otherwise provided in NRS 268.096 and 268.801 to 268.808, inclusive, a city located in a county whose population is [400,000] 700,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

     2.  Except as otherwise provided in NRS 268.7845, a city located in a county whose population is 100,000 or more but less than [400,000] 700,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.

     3.  The Legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for:

     (a) The promotion of tourism;

     (b) The construction or operation of tourism facilities by a convention and visitors authority; or

     (c) The acquisition, establishment, construction or expansion of one or more railroad grade separation projects.

     Sec. 88.  NRS 268.0972 is hereby amended to read as follows:

     268.0972  1.  The governing body of each city in a county whose population is [400,000] 700,000 or more shall enact an ordinance requiring a person other than a public utility who:

     (a) Purchases paging services from a public utility; and

     (b) Resells those paging services to another person for use primarily in the incorporated area of the city,

Ê to maintain such records of the names and addresses of the persons to whom the paging services are resold as the governing body deems necessary.

     2.  The ordinance must include:

     (a) The information that must be included in the records required to be maintained; and

     (b) The length of time that the records must be maintained.

     3.  As used in this section, “public utility” means:

     (a) A public utility as defined in NRS 704.020; and

     (b) A provider of a “commercial mobile service” as defined in 47 U.S.C. § 332.

     Sec. 89.  NRS 268.190 is hereby amended to read as follows:

     268.190  Except as otherwise provided by law, the city planning commission may:

 


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     1.  Recommend and advise the city council and all other public authorities concerning:

     (a) The laying out, widening, extending, paving, parking and locating of streets, sidewalks and boulevards.

     (b) The betterment of housing and sanitary conditions, and the establishment of zones or districts within which lots or buildings may be restricted to residential use, or from which the establishment, conduct or operation of certain business, manufacturing or other enterprises may be excluded, and limiting the height, area and bulk of buildings and structures therein.

     2.  Recommend to the city council and all other public authorities plans and regulations for the future growth, development and beautification of the municipality in respect to its public and private buildings and works, streets, parks, grounds and vacant lots, which must include for each city a population plan if required by NRS 278.170, a plan for the development of affordable housing and, for each city located in a county whose population is [400,000] 700,000 or more, a plan to inventory and preserve historic neighborhoods.

     3.  Perform any other acts and things necessary or proper to carry out the provisions of NRS 268.110 to 268.220, inclusive, and in general to study and propose such measures as may be for the municipal welfare and in the interest of protecting the municipal area’s natural resources from impairment.

     Sec. 90.  NRS 268.4112 is hereby amended to read as follows:

     268.4112  1.  In a county whose population is [400,000] 700,000 or more, the governing body of a city that owns a municipal water system may, if requested by a water authority, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the water authority to acquire, establish, construct, improve or equip, or any combination thereof, a water facility. The tax must be imposed by ordinance on customers of the municipal water system that are capable of using or benefiting from the water facility financed, wholly or in part, with the proceeds of the tax.

     2.  An excise tax imposed pursuant to subsection 1 must be levied at different rates for different classes of customers and must take into account differences in the amount of water used or estimated to be used and the size of the connection.

     3.  The ordinance imposing the tax must provide:

     (a) The rate or rates of the tax, which must not exceed one-quarter of 1 percent of the monthly water bill of customers of all residential classes and 5 percent of the monthly water bill of customers of all commercial classes and any other class;

     (b) The procedure for collection of the tax;

     (c) The duration of the tax; and

     (d) The rate of interest that will be charged on late payments.

     4.  Late payments of the tax must bear interest at a rate not exceeding 1 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest that may accrue thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

 


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payment of the tax, the city, by ordinance, may provide that it will be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.

     5.  Subject to the provisions of this subsection, the governing body of the city may reduce the amount of the tax imposed pursuant to this section as the obligations of the city and the water authority allow. No ordinance imposing a tax which is enacted pursuant to this section may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this section until those bonds or other obligations have been discharged in full.

     6.  The governing body of the city shall review the necessity for the continued imposition of the tax authorized pursuant to this section at least once every 10 years.

     7.  As used in this section:

     (a) “Water authority” means a water authority organized as a public agency or entity created by cooperative agreement pursuant to chapter 277 of NRS whose members at the time of formation include the three largest retail water purveyors in the county and which is responsible for the acquisition, treatment and delivery of water and water resources on a wholesale basis to utilities, governmental agencies and entities and other large customers.

     (b) “Water facility” means a facility pertaining to a water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, siphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof.

     Sec. 91.  NRS 268.418 is hereby amended to read as follows:

     268.418  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

     2.  The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

     3.  If the governing body of a city in a county whose population is [400,000] 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

 


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     (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

     (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

     4.  Except as otherwise provided in subsection 1, as used in this section:

     (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

     (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

     (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

     Sec. 92.  NRS 268.423 is hereby amended to read as follows:

     268.423  1.  The governing body of each city in a county whose population is 700,000 or more [than 400,000] shall provide by ordinance for the issuance of permits to charitable organizations which allow the holders to solicit charitable contributions for the respective organization while standing on the median strip of any highway or the sidewalk adjacent to the highway within the jurisdiction of the city. The city shall, upon receipt of the completed application, issue the permit for the period requested which may not exceed 3 days in a calendar year. The city may reasonably limit the time, place and manner of the solicitation to preserve public safety. In no case may a person whose age is less than 18 years be permitted to participate in the solicitation. The governing body of each city in a county whose population is [400,000 or] less than 700,000 may provide for such permits in the same manner.

     2.  The city may charge a fee for such a permit which does not exceed:

     (a) An amount reasonably calculated to reimburse the city for its administrative costs in considering and processing the application; or

     (b) Fifty dollars,

Ê whichever is less.

     3.  The charitable organization:

     (a) Shall indemnify the city against any injury to any person or property during the solicitation which arises from or is incident to the act of solicitation; and

     (b) Is liable for any injury to any person or property during the solicitation which arises from the negligence of the soliciting agent.

     4.  As used in this section:

     (a) “Charitable organization” means an organization which:

           (1) The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and

           (2) Holds a current certificate of organization or is currently qualified by the Secretary of State to do business in this state.

     (b) “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic. The term does not include a “freeway” as that term is defined in NRS 408.060.

 


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     Sec. 93.  NRS 268.570 is hereby amended to read as follows:

     268.570  The provisions of NRS 268.570 to 268.608, inclusive, apply only to cities located in a county whose population is [400,000] 700,000 or more.

     Sec. 94.  NRS 268.610 is hereby amended to read as follows:

     268.610  1.  The provisions of NRS 268.610 to 268.670, inclusive, apply only to cities located in a county whose population is less than [400,000.] 700,000.

     2.  The provisions of NRS 268.610 to 268.670, inclusive, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.

     Sec. 95.  NRS 268.625 is hereby amended to read as follows:

     268.625  1.  A city located in a county whose population is 100,000 or more but less than [400,000] 700,000 that has adopted a comprehensive regional plan pursuant to NRS 278.026 to 278.029, inclusive, shall adopt a program of annexation. The program must identify areas in any sphere of influence of the city to be considered for annexation within the next 7 years. The city shall not consider the annexation of any area that is not within the designated sphere of influence and is not included in its program of annexation.

     2.  Before adopting a program of annexation pursuant to subsection 1, the city must hold one or more public hearings. Notice of the time and place of the hearing must be mailed to all owners of real property in the proposed program of annexation. At the public hearing the city shall consider:

     (a) The location of property to be considered for annexation;

     (b) The logical extension of city limits;

     (c) The need for the expansion to accommodate planned regional growth;

     (d) The location of existing and planned water and sewer service;

     (e) Community goals that would be met by any proposed annexation;

     (f) The efficient and cost-effective provision of service areas and capital facilities; and

     (g) Any other factors concerning any proposed annexation deemed appropriate for consideration by the governing body of the city.

     3.  The city shall submit its program of annexation adopted pursuant to subsection 1 to the regional planning commission and the county in which the city is located for recommendations.

     4.  The regional planning commission must certify that a program of annexation adopted pursuant to subsection 1 conforms with the comprehensive regional plan before the program is put into effect. The county or the city may appeal an adverse determination of the regional planning commission in the manner provided in subsections 3 and 4 of NRS 278.028.

     5.  After certification of a program of annexation pursuant to subsection 4, any facilities plan, capital improvement program, development project or location of facilities by a county, a city, an annexation commission, a regional planning commission, the governing board or any other affected entity must be consistent with the certified program of annexation.

 


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     Sec. 96.  NRS 268.626 is hereby amended to read as follows:

     268.626  1.  There is hereby created, in each county of the State whose population is 100,000 or more and less than [400,000,] 700,000, a city annexation commission which consists of members to be selected as follows:

     (a) Two members representing the county, one of whom must be the chair of the board of county commissioners and the other a member of the board to be chosen by the board.

     (b) One member representing each city, who must be a member of the governing body to be chosen by the governing body.

     (c) If the provisions of paragraphs (a) and (b) result in an even number of members, the Governor shall appoint an additional member who is the chair of the regional planning commission.

     2.  The governing bodies of a county and each incorporated city in the county may execute an interlocal agreement to transfer the duties of the city annexation commission to the regional planning commission.

     Sec. 97.  NRS 268.691 is hereby amended to read as follows:

     268.691  “Flood management project” or any phrase of similar import, means a project or improvement that is located within or without a city in a county whose population is 100,000 or more but less than [400,000] 700,000 and is established for the control or management of any flood or storm waters of the city or any flood or storm waters of a stream of which the source is located outside of the city. The term includes, without limitation:

     1.  A drainage project or flood control project;

     2.  A project to construct, repair or restore an ecosystem;

     3.  A project to mitigate any adverse effect of flooding or flood management activity or improvement;

     4.  A project to conserve any flood or storm waters for any beneficial and useful purpose by spreading, storing, reusing or retaining those waters or causing those waters to percolate into the ground to improve water quality;

     5.  A project that alters or diverts or proposes to alter or divert a natural watercourse, including any improvement for the passage of fish;

     6.  A recreational project that is related to a flood management project;

     7.  Any landscaping or similar amenity that is constructed:

     (a) To increase the usefulness of a flood management project to any community or to provide aesthetic compatibility with any surrounding community; or

     (b) To mitigate any adverse effect on the environment relating to a flood management project;

     8.  A project to relocate or replace a utility, transmission line, conduit, bridge or similar feature or structure that exacerbates any flooding or is located in an area that is susceptible to flooding;

     9.  A project to protect and manage a floodplain;

     10.  A project that is designed to improve the quality of any flood or storm waters or the operation of any flood management system, including, without limitation, any monitoring, measurement or assessment of that system; and

     11.  The acquisition of any real property or interest in real property to support the carrying out of a flood management project, including, without limitation, any property that may become flooded because of any improvement for flood management,

Ê or any combination thereof and any other structure, fixture, equipment or property required for a flood management project.

 


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     Sec. 98.  NRS 268.767 is hereby amended to read as follows:

     268.767  1.  If any incorporated city in a county whose population is [400,000] 700,000 or more is not a part of a district established pursuant to NRS 244A.765 to 244A.777, inclusive, the council for that city must, by ordinance, create a taxing district to establish within the incorporated area of that city a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that city.

     2.  The boundary of the district:

     (a) Must be defined in the ordinance; and

     (b) May include only the area served by the system.

     Sec. 99.  NRS 268.781 is hereby amended to read as follows:

     268.781  1.  If an incorporated city in a county whose population is 100,000 or more but less than [400,000] 700,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

     2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

     3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

     Sec. 100.  NRS 268.7845 is hereby amended to read as follows:

     268.7845  1.  In a county whose population is 100,000 or more but less than [400,000,] 700,000, the governing body of an incorporated city within the county that has created a district pursuant to NRS 268.781 may by ordinance impose within that district a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the district.

     2.  A tax imposed pursuant to this section may be imposed in addition to all other taxes imposed on the revenue from the rental of transient lodging.

     3.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

     4.  The proceeds of the tax and any applicable penalty or interest must be used to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects, including the payment and prepayment of principal and interest on notes, bonds or other obligations issued to fund such projects.

     5.  A tax imposed by this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.

     Sec. 101.  NRS 268.791 is hereby amended to read as follows:

     268.791  1.  If an incorporated city in a county whose population is 100,000 or more but less than [400,000] 700,000 has exercised the power of redevelopment or urban renewal pursuant to chapter 279 of NRS, it may also create a district within the redevelopment area or the urban renewal area.

 


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create a district within the redevelopment area or the urban renewal area. The district need not include the entire redevelopment area or urban renewal area.

     2.  Creation of the district may be initiated by the filing of a petition signed by at least 10 percent of the owners of taxable property within the proposed district whose combined assessed value amounts to at least 25 percent of the total assessed value of taxable property within the proposed district. A signer need not be a resident of the State of Nevada and the signature of a corporation may be affixed by an authorized officer.

     3.  The petition must define the territory to be included in the proposed district by naming the streets which constitute its boundaries or stating that it is bounded by the rear lines of the parcels fronting on a specified side of certain named streets, or by a combination of these methods.

     Sec. 102.  NRS 268.802 is hereby amended to read as follows:

     268.802  1.  The governing body of an incorporated city whose population is [300,000] 500,000 or more may by ordinance create a district.

     2.  Not more than one district may be created in each such city.

     3.  A district is not entitled to receive any distribution of supplemental city-county relief tax.

     Sec. 103.  NRS 268.811 is hereby amended to read as follows:

     268.811  As used in NRS 268.810 to 268.823, inclusive, unless the context otherwise requires:

     1.  “Governing body” means the governing body of a city whose population is [300,000] 500,000 or more.

     2.  “Operating entity” means a public operating entity of a pedestrian mall or a private operating entity with whom a governing body has contracted for the acquisition, construction, improvement, operation, management or maintenance of a pedestrian mall, or any combination thereof.

     3.  “Pedestrian mall” means an area including portions of one or more streets or alleys that has been set aside for use primarily by pedestrians and to which access by motor vehicles is prohibited or restricted. The term includes all improvements and appurtenances thereto that are designed to be used primarily for the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians.

     4.  “Redevelopment agency” means a governmental entity created pursuant to NRS 279.382 to 279.685, inclusive, or a legislative body which has elected to exercise the powers granted to an agency under NRS 279.382 to 279.685, inclusive.

     Sec. 104.  NRS 268.812 is hereby amended to read as follows:

     268.812  1.  The governing body of an incorporated city whose population is [300,000] 500,000 or more may by ordinance create a pedestrian mall.

     2.  Before adopting an ordinance creating a pedestrian mall, the governing body must find that it would be in the best interests of the city and beneficial to the owners of adjacent property to use the street or streets or other thoroughfare or thoroughfares primarily for pedestrians.

     3.  The ordinance must establish the boundaries of the pedestrian mall and the governing body may change the boundaries by ordinance. The area included within a pedestrian mall may be contiguous or noncontiguous.

     4.  In addition to other requirements for the consideration and adoption of an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating a pedestrian mall, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall.

 


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time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to any pedestrian mall may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.

     5.  Unless otherwise provided by the governing body in the ordinance, all property of the city that is used in conjunction with or as a part of the pedestrian mall remains property of the city and must not be considered vacated for any purpose.

     Sec. 105.  NRS 269.010 is hereby amended to read as follows:

     269.010  1.  In the case of any disincorporated town or city, or any town formed by the board of county commissioners, all the provisions of this chapter immediately apply thereto.

     2.  Except as otherwise provided in subsection 1, in a county whose population is less than [400,000] 700,000 which has not adopted the Unincorporated Town Government Law, none of the powers or jurisdiction in this chapter authorized or required may be exercised in any town or city until there has been filed in the office of the county clerk a written petition for the application of the provisions of this chapter to the town or city, signed by a majority of the actual residents thereof, representing at least three-fifths of its taxable property. When a petition is filed, the genuineness of its signatures and the qualification of its subscribers must be established by the affidavits of reliable taxpayers of the town or city filed with the petition.

     3.  Except as otherwise provided in NRS 269.016 to 269.022, inclusive, the boards of county commissioners constitute the governing body of all unincorporated towns within their respective counties.

     Sec. 106.  NRS 269.222 is hereby amended to read as follows:

     269.222  1.  Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no town may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

     2.  A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

     3.  If a town board in a county whose population is [400,000] 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the town board shall amend such an ordinance or regulation to require:

     (a) A period of at least 60 days of residency in the town before registration of such a firearm is required.

     (b) A period of at least 72 hours for the registration of a pistol by a resident of the town upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

     4.  Except as otherwise provided in subsection 1, as used in this section:

 


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     (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

     (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

     (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

     Sec. 107.  NRS 269.563 is hereby amended to read as follows:

     269.563  1.  The board of county commissioners of a county whose population is [400,000] 700,000 or more may provide by ordinance for the formation of an unincorporated town in an area that contains no residents if all of the owners of land within the boundaries of the proposed unincorporated town so request in writing. The written request of the owners must include the statement that the owners consent to be taxed for the services to be listed in the ordinance. If any owner withdraws his or her consent before adoption of the ordinance creating the unincorporated town, the owner’s property must be excluded in fixing the boundaries of the town.

     2.  The ordinance must contain clear designation of the boundaries of the unincorporated town and the boundaries of any area which may be annexed into the unincorporated town, a listing of services to be provided, the number of members to serve on the town advisory board and the conditions that must be satisfied before appointment of the first town advisory board. These conditions may include, without limitation, the number of residents, the level of services being provided and the extent of improvements in place.

     Sec. 108.  NRS 269.576 is hereby amended to read as follows:

     269.576  1.  Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is [400,000] 700,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

     (a) Appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:

           (1) The results of any poll conducted by the town advisory board; and

           (2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.

     (b) A term of 2 years for members of the town advisory board.

     (c) Election of a chair from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the office of chair, for the election of a chair from among the members for the remainder of the unexpired term. The ordinance must also provide that a chair is not eligible to succeed himself or herself for a term of office as chair.

     2.  The members of a town advisory board serve at the pleasure of the board of county commissioners. If a member is removed, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member who was removed.

 


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     3.  The board of county commissioners shall provide notice of the expiration of the term of a member of and any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 30 days before the expiration of the term or filling the vacancy.

     4.  The duties of the town advisory board are to:

     (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

     (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

     5.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

     Sec. 109.  NRS 269.577 is hereby amended to read as follows:

     269.577  1.  The board of county commissioners of any county whose population is less than [400,000] 700,000 shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

     (a) The appointment by the board of county commissioners or the election by the people of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.

     (b) The removal of a member of the town advisory board if the board of county commissioners finds that the removal of the member is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

     2.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

     3.  The duties of the town advisory board are to:

     (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

     (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

     Sec. 110.  NRS 269.578 is hereby amended to read as follows:

     269.578  1.  The board of county commissioners of any county whose population is less than [400,000] 700,000 shall appoint members for an appointive town advisory board which is created after June 30, 1983, to initial terms as follows:

     (a) For a three-member board:

           (1) One member for a term of no more than 1 year; and

           (2) Two members for terms of more than 1 year but no more than 2 years.

Ê Each term must end on the first Monday in January of the appropriate year.

     (b) For a five-member board:

           (1) Two members for terms of no more than 1 year; and

           (2) Three members for terms of more than 1 year but no more than 2 years.

Ê Each term must end on the first Monday in January of the appropriate year.

     2.  As the initial terms expire, the board of county commissioners shall appoint members for terms of 2 years thereafter.

 


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     3.  If the town board is made elective after June 30, 1983, the ordinance creating it must provide for the division of the first elected board by lot into two classes whose terms will correspond to those provided in subsection 1.

     Sec. 111.  NRS 269.650 is hereby amended to read as follows:

     269.650  In a county whose population is less than [400,000,] 700,000, those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town whose population is less than 25,000, and which require substantially all of the services described in NRS 269.575, may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. Upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.

     Sec. 112.  NRS 271.265 is hereby amended to read as follows:

     271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

     (a) A commercial area vitalization project;

     (b) A curb and gutter project;

     (c) A drainage project;

     (d) An energy efficiency improvement project;

     (e) An off-street parking project;

     (f) An overpass project;

     (g) A park project;

     (h) A public safety project;

     (i) A renewable energy project;

     (j) A sanitary sewer project;

     (k) A security wall;

     (l) A sidewalk project;

     (m) A storm sewer project;

     (n) A street project;

     (o) A street beautification project;

     (p) A transportation project;

     (q) An underpass project;

     (r) A water project; and

     (s) Any combination of such projects.

     2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

     (a) An electrical project;

     (b) A telephone project;

     (c) A combination of an electrical project and a telephone project;

     (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

     (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

 


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     3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

     4.  In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than [400,000] 700,000 complies with the provisions of NRS 271.650, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

     (a) An art project; and

     (b) A tourism and entertainment project.

     Sec. 113.  NRS 271.3695 is hereby amended to read as follows:

     271.3695  1.  In a county whose population is [more than] 100,000 or more but less than [400,000,] 700,000, on or before June 30 of each year after the levy of an assessment within an improvement district located in a redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing a project, the governing body may prepare and approve an estimate of the expenditures required during the ensuing year for the extraordinary maintenance, repair and improvement of the project.

     2.  The governing body may adopt a resolution, after a public hearing, determining to levy and collect in any year upon and against all of the assessable property within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection 1 for the extraordinary maintenance, repair and improvement of the project. Notice of the hearing must be given, and the hearing conducted, in the manner specified in NRS 271.305.

     3.  The special assessment must be levied, collected and enforced at the same time, in the same manner, by the same officers and with the same interest and penalties as other special assessments levied pursuant to this chapter. The proceeds of the assessment must be placed in a separate fund of the municipality and expended only for the extraordinary maintenance, repair or improvement of the project.

     4.  As used in this section, “extraordinary maintenance, repair and improvement” includes all expenses ordinarily incurred not more than once every 5 years to keep the project in a fit operating condition. Expenses which are ordinarily incurred more than once every 5 years may be included only if the governing body expressly finds that the expenses must be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual because of special circumstances relating to the project for which the assessment is levied, including its use, location or operation and other circumstances. If the governing body makes such a finding, a statement of that finding must be included in the notice given pursuant to subsection 2.

     Sec. 114.  NRS 271.650 is hereby amended to read as follows:

     271.650  1.  Except as otherwise provided in this section, the governing body of a municipality in a county whose population is less than [400,000] 700,000 may include in an assessment ordinance for a project the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

 


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[400,000] 700,000 may include in an assessment ordinance for a project the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

     (a) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of a sum equal to 1.75 percent of the amount of those proceeds;

     (b) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110 and 374.190 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds; and

     (c) The amount of the proceeds of the tax imposed pursuant to NRS 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 1.75 percent of the amount of those proceeds.

     2.  If any property within the boundaries of an improvement district for which any money is pledged pursuant to this section is also included within the boundaries of any other improvement district for which any money is pledged pursuant to this section or any tourism improvement district for which any money is pledged pursuant to NRS 271A.070, the total amount of money pledged pursuant to this section and NRS 271A.070 with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

     3.  The governing body of a municipality shall not include a pledge authorized by subsection 1 in an assessment ordinance for a project unless:

     (a) The governing body determines that no retailers have maintained a fixed place of business in the improvement district at any time from the first day of the fiscal year in which the assessment ordinance is adopted until the date of the adoption of the ordinance.

     (b) The governing body determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that:

           (1) As a result of the project:

                (I) Retailers will locate their businesses as such in the improvement district; and

                (II) There will be a substantial increase in the proceeds from sales and use taxes remitted by retailers with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district; and

           (2) A preponderance of that increase in the proceeds from sales and use taxes will be attributable to transactions with tourists who are not residents of this State.

     (c) The Commission on Tourism determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to paragraph (b) will be attributable to transactions with tourists who are not residents of this State.

     (d) The Governor determines that the project and the pledge of money authorized by subsection 1 will contribute significantly to economic development and tourism in this State. Before making that determination, the Governor:

 


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           (1) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to NRS 271.670 by the school district in which the improvement district is located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide an appropriate fiscal report; and

           (2) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the improvement district is located during the term of the pledge of money. The payments may be provided pursuant to agreements authorized by NRS 271.670 or from sources other than the owners of property within the improvement district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the pledge of money authorized by subsection 1.

     (e) If any property within the boundaries of the improvement district is also included within the boundaries of any other improvement district for which any money has been pledged pursuant to this section or any tourism improvement district for which any money has been pledged pursuant to NRS 271A.070, all the governing bodies which created those districts have entered into an interlocal agreement providing for:

           (1) The apportionment of any money pledged pursuant to this section and NRS 271A.070 with respect to such property; and

           (2) The priority of the application of that money between:

                (I) Bonds issued pursuant to this chapter; and

                (II) Bonds and notes issued, and agreements entered into, pursuant to NRS 271A.120.

Ê Any such agreement for the priority of the application of that money may be made irrevocable during the term of any bonds issued pursuant to this chapter to which all or any portion of that money is pledged, or during the term of any bonds or notes issued or any agreements entered into pursuant to NRS 271A.120 to which all or any portion of that money is pledged.

     4.  Any determination or approval made pursuant to subsection 3 is conclusive in the absence of fraud or gross abuse of discretion.

     5.  As used in this section, “retailer” has the meaning ascribed to it in NRS 374.060.

     Sec. 115.  NRS 271A.050 is hereby amended to read as follows:

     271A.050  “Project” means:

     1.  With respect to a county whose population is [400,000] 700,000 or more:

     (a) An art project, as defined in NRS 271.037;

     (b) A tourism and entertainment project, as defined in NRS 271.234; or

     (c) A sports stadium which can be used for the home games of a Major League Baseball or National Football League team and for other purposes, including structures, buildings and other improvements and equipment therefor, parking facilities, and all other appurtenances necessary, useful or desirable for a Major League Baseball or National Football League stadium, including, without limitation, all types of property therefor and immediately adjacent facilities for retail sales, dining and entertainment.

     2.  With respect to a city in a county whose population is [400,000] 700,000 or more:

 


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     (a) A project described in paragraph (a), (b) or (c) of subsection 1; or

     (b) A recreational project, as defined in NRS 268.710.

     3.  With respect to a municipality other than a municipality described in subsection 1 or 2, any project that the municipality is authorized to acquire, improve, equip, operate and maintain pursuant to subsections 1, 2, 3 and 5 to 10, inclusive, of NRS 244A.057 or NRS 268.730 or 271.265, as applicable.

     4.  Any real or personal property suitable for retail, tourism or entertainment purposes.

     5.  Any real or personal property necessary, useful or desirable in connection with any of the projects set forth in this section.

     6.  Any combination of the projects set forth in this section.

     Sec. 116.  NRS 277A.180 is hereby amended to read as follows:

     277A.180  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

     (a) Two by the board.

     (b) Two by the governing body of the largest city in the county.

     (c) One by the governing body of each additional city in the county.

     2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

     (a) If the county contains three or more cities:

           (1) Two by the board.

           (2) One by the governing body of the largest city.

     (b) If the county contains only two cities:

           (1) Three by the board, at least one of whom is a representative of the public who is a resident of the county.

           (2) One by the governing body of each city in the county.

     (c) If the county contains only one city:

           (1) Two by the board.

           (2) One by the governing body of the city.

     (d) If the county contains no city, the board shall select:

           (1) Two members of the board; and

           (2) One representative of the public, who is a resident of the largest town, if any, in the county.

     3.  In Carson City, the commission must be composed of representatives selected by the Board of Supervisors as follows:

     (a) Two members of the Board of Supervisors, one of whom must be designated by the commission to serve as chair of the commission.

     (b) Three representatives of the city at large.

     4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5, 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

 


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     5.  In Carson City:

     (a) One representative of the commission who is a member of the Board of Supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

     (b) One representative of the commission who is a member of the Board of Supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

     6.  In counties whose population is 100,000 or more, but less than [400,000:] 700,000:

     (a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

     (b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

     7.  In counties whose population is [400,000] 700,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

     Sec. 117.  NRS 277A.280 is hereby amended to read as follows:

     277A.280  1.  A commission, a county whose population is less than 100,000 or a city within such a county may establish or operate a public transit system consisting of:

     (a) Regular routes and fixed schedules to serve the public;

     (b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176, if the transportation is available upon request and without regard to regular routes or fixed schedules;

     (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

     (d) In a county whose population is less than 100,000 or a city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

     2.  A commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

     3.  In a county whose population is less than [400,000,] 700,000, such a system may also provide service which includes:

     (a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

     (b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

 


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     4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

     5.  Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project, rolling stock for a public transit system, facilities and any other equipment that is related to public transportation. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

     6.  If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

     7.  As used in this section:

     (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.

     (b) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

     (c) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

     Sec. 118.  NRS 277A.320 is hereby amended to read as follows:

     277A.320  1.  In a county whose population is [400,000] 700,000 or more, the commission may provide for the construction, installation and maintenance of vending stands for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

     2.  The provisions of NRS 426.630 to 426.720, inclusive, do not apply to a vending stand constructed, installed or maintained pursuant to this section.

     Sec. 119.  NRS 277A.330 is hereby amended to read as follows:

     277A.330  In a county whose population is [400,000] 700,000 or more:

     1.  The commission shall provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation.

 


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     2.  In carrying out its duties pursuant to subsection 1, the commission may displace or limit competition in the construction, installation and maintenance of such benches, shelters and transit stops. The commission may:

     (a) Provide those services on an exclusive basis or adopt a regulatory scheme for controlling the provision of those services; or

     (b) Grant an exclusive franchise to any person to provide those services.

     3.  Subject to the provisions of subsections 4 and 5, the commission or any person who is authorized by the commission to provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation may locate such benches, shelters and transit stops within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

     (a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

     (b) The benches, shelters and transit stops may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

     4.  Before the commission or any person authorized by the commission may construct or install any benches, shelters and transit stops within any public easement or right-of-way, the commission and the governmental entity that owns or controls the public easement or right-of-way shall execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the benches, shelters and transit stops within the public easement or right-of-way.

     5.  If the commission or any person authorized by the commission intends to construct or install any benches, shelters or transit stops within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

     (a) Provide the governing body of the association with written notice of the intent to construct or install the benches, shelters or transit stops within the public easement at least 30 days before such construction or installation begins; and

     (b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the benches, shelters or transit stops within the public easement.

     6.  The commission shall post on each bench, within each shelter and near each transit stop a notice that provides a telephone number that a person may use to report damage to the benches, shelters or transit stops.

     7.  No board, governing body or town board may:

     (a) Provide for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation except with the approval of or at the request of the commission; or

     (b) Adopt any ordinance, regulation or plan, enter into or approve any franchise, contract or agreement or take any other action that prohibits or unreasonably restricts the commission from providing for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation.

 


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     Sec. 120.  NRS 277A.340 is hereby amended to read as follows:

     277A.340  1.  In a county whose population is [400,000] 700,000 or more, the commission shall establish an advisory committee to provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county. The membership of the advisory committee must consist of:

     (a) Two members of the general public from each city within the county who are appointed by the governing body of that city; and

     (b) Six members of the general public appointed by the commission.

     2.  Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

     3.  A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

     4.  The advisory committee shall meet at least six times annually.

     5.  At its first meeting and annually thereafter, the advisory committee shall elect a chair and vice chair from among its members.

     6.  Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

     Sec. 121.  NRS 277A.350 is hereby amended to read as follows:

     277A.350  1.  In a county whose population is [400,000] 700,000 or more, the commission shall cooperate with the local air pollution control board and the regional planning coalition in the county in which it is located to:

     (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

     (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

     2.  Before adopting or amending a plan, policy or program, the commission must:

     (a) Consult with the local air pollution control board and the regional planning coalition; and

     (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

           (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional planning coalition; and

           (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

     3.  As used in this section:

     (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

     (b) “Regional planning coalition” has the meaning ascribed to it in NRS 278.0172.

     Sec. 122.  NRS 278.02095 is hereby amended to read as follows:

     278.02095  1.  Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

 


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     2.  Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

     (a) The manufactured home:

           (1) Be permanently affixed to a residential lot;

           (2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;

           (3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

           (4) Consist of more than one section; and

           (5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

     (b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

Ê The governing body of a local government in a county whose population is less than [40,000] 45,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

     3.  Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.

     4.  Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the Manufactured Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

     5.  The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

     6.  As used in this section:

     (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

     (b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

     Sec. 123.  NRS 278.02507 is hereby amended to read as follows:

     278.02507  The provisions of NRS 278.02507 to 278.02598, inclusive, apply only to counties whose population is [400,000] 700,000 or more and cities located within those counties.

 


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     Sec. 124.  NRS 278.02514 is hereby amended to read as follows:

     278.02514  In a county whose population is [400,000] 700,000 or more, the board of county commissioners and the city council of each of at least the three largest cities in the county shall establish a regional planning coalition by cooperative agreement pursuant to chapter 277 of NRS.

     Sec. 125.  NRS 278.02587 is hereby amended to read as follows:

     278.02587  1.  Not later than December 31, 2009:

     (a) Except as otherwise provided in subsection 5, the commission shall designate 10 locations in the county that are owned by the State or by local governments and at which a bus turnout must be constructed pursuant to this section; and

     (b) For each location designated pursuant to paragraph (a), the commission and the State or the local government that owns the location shall execute an interlocal or cooperative agreement that authorizes the construction of a bus turnout at the location.

     2.  For each location designated pursuant to subsection 1, the commission and the State or the local government that owns the location shall ensure that a bus turnout is constructed not later than December 31, 2012.

     3.  The commission shall fund the construction of a bus turnout built pursuant to this section.

     4.  When determining the locations to be designated pursuant to subsection 1, the commission shall consider, without limitation:

     (a) The amount of traffic congestion at the location during hours of peak traffic;

     (b) The extent of improvements to the location that would need to be completed before the bus turnout could be constructed;

     (c) The proximity of the location to an intersection;

     (d) The frequency with which buses receive and discharge passengers at the location;

     (e) The number of bus passengers regularly using the bus stop at the location;

     (f) The general need for a bus turnout at the location; and

     (g) Any obstacle that may prevent the completion of the construction of a bus turnout by the date set forth in subsection 2.

     5.  The commission shall not designate more than three locations pursuant to subsection 1 that are owned by the State or by the same local government.

     6.  As used in this section:

     (a) “Bus” has the meaning ascribed to it in NRS 484A.030.

     (b) “Bus turnout” means a fixed area that is:

           (1) Adjacent or appurtenant to, or within reasonable proximity of, a public highway; and

           (2) To be occupied exclusively by buses in receiving or discharging passengers.

     (c) “Commission” means the regional transportation commission created and organized pursuant to chapter 277A of NRS in a county whose population is [400,000] 700,000 or more.

     (d) “Local government” means any political subdivision of the State, including, without limitation, any county, city, town, board, airport authority, fire protection district, irrigation district, school district, hospital district or other special district which performs a governmental function and which is located within the jurisdiction of the commission.

 


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other special district which performs a governmental function and which is located within the jurisdiction of the commission.

     (e) “Location” means a parcel of real property which:

           (1) Is owned by the State or by a local government;

           (2) Is adjacent to a public highway; and

           (3) Contains a bench, shelter or transit stop for passengers of public transportation.

     (f) “Public highway” means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.

     Sec. 126.  NRS 278.0261 is hereby amended to read as follows:

     278.0261  The Legislature hereby finds and declares that:

     1.  The process of regional planning in a county whose population is 100,000 or more but less than [400,000,] 700,000, as set forth in NRS 278.026 to 278.029, inclusive, ensures that comprehensive planning will be carried out with respect to population, conservation, land use and transportation, public facilities and services, annexation and intergovernmental coordination.

     2.  The process of regional planning set forth in NRS 278.026 to 278.029, inclusive, does not specifically limit the premature expansion of development into undeveloped areas or address the unique needs and opportunities that are characteristic of older neighborhoods in a county whose population is 100,000 or more but less than [400,000.] 700,000.

     3.  The problem of the premature expansion of development into undeveloped areas and the unique needs and opportunities that are characteristic of older neighborhoods may be addressed through:

     (a) Cooperative efforts to preserve and revitalize urban areas and older neighborhoods; and

     (b) Review of the master plans, facilities plans and other similar plans of local governments and other affected entities.

     4.  It is the intent of the Legislature with respect to NRS 278.026 to 278.029, inclusive, that each local government and affected entity shall exercise its powers and duties in a manner that is in harmony with the powers and duties exercised by other local governments and affected entities to enhance the long-term health and welfare of the county and all its residents.

     Sec. 127.  NRS 278.0262 is hereby amended to read as follows:

     278.0262  1.  There is hereby created in each county whose population is 100,000 or more but less than [400,000,] 700,000, a regional planning commission consisting of:

     (a) Three members from the local planning commission of each city in the county whose population is 60,000 or more, appointed by the respective governing bodies of those cities;

     (b) One member from the local planning commission of each city in the county whose population is less than 60,000, appointed by the respective governing bodies of those cities; and

     (c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county.

     2.  Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his or her successor. A member may be reappointed. A member who ceases to be a member of the local planning commission of the jurisdiction from which he or she is appointed automatically ceases to be a member of the commission.

 


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ê2011 Statutes of Nevada, Page 1180 (Chapter 253, AB 545)ê

 

to be a member of the local planning commission of the jurisdiction from which he or she is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

     3.  The commission shall elect its chair from among its members. The term of the chair is 1 year. The member elected chair must have been appointed by the governing body of the county or a city whose population is 60,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chair among each of those governing bodies.

     4.  A member of the commission must be compensated at the rate of $80 per meeting or $400 per month, whichever is less.

     5.  Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his or her term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his or her appointment 1 year after the date on which his or her term of appointment commenced.

     Sec. 128.  NRS 278.0264 is hereby amended to read as follows:

     278.0264  1.  There is hereby created in each county whose population is 100,000 or more but less than [400,000,] 700,000, a governing board for regional planning consisting of:

     (a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:

           (1) A county commissioner, his or her district must be one of the two districts in the county with the highest percentage of unincorporated area.

           (2) Not a county commissioner, he or she must reside within an unincorporated area of the county.

     (b) Four representatives appointed by the governing body of the largest incorporated city in the county.

     (c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is 60,000 or more.

     (d) One representative appointed by the governing body of each incorporated city in the county whose population is less than 60,000.

     2.  Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his or her successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.

     3.  The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.

     4.  The governing board shall elect its chair from among its members. The term of the chair is 1 year. The member elected chair must have been appointed by the governing body of the county or a city whose population is [more than] 60,000 [,] or more as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chair among each of those governing bodies.

 


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ê2011 Statutes of Nevada, Page 1181 (Chapter 253, AB 545)ê

 

by the governing board and made a part of its bylaws which provides for the annual rotation of the chair among each of those governing bodies.

     5.  A member of the governing board who is also a member of the governing body which appointed him or her shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.

     6.  The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.

     7.  The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.

     8.  The governing board may sue or be sued in any court of competent jurisdiction.

     9.  The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.

     Sec. 129.  NRS 278.030 is hereby amended to read as follows:

     278.030  1.  The governing body of each city whose population is 25,000 or more and of each county whose population is [40,000] 45,000 or more shall create by ordinance a planning commission to consist of seven members.

     2.  Cities whose population is less than 25,000 and counties whose population is less than [40,000] 45,000 may create by ordinance a planning commission to consist of seven members. If the governing body of any city whose population is less than 25,000 or of any county whose population is less than [40,000] 45,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.

     Sec. 130.  NRS 278.040 is hereby amended to read as follows:

     278.040  1.  The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chair of the board of county commissioners, with the approval of the governing body. The members must not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county whose population is [400,000] 700,000 or more must reside within the unincorporated area of the county.

     2.  In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the Mayor from the city at large, with the approval of the Board of Supervisors.

     3.  The governing body may provide for compensation to its planning commission in an amount of not more than $80 per meeting of the commission, with a total of not more than $400 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.

 


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travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.

     4.  Except as otherwise provided in this subsection, the term of each member is 4 years, or until his or her successor takes office. If applicable, the term of each member of a county or city planning commission in any county whose population is [400,000] 700,000 or more is coterminous with the term of the member of the governing body who recommended the appointment to the appointing authority. If the recommending member resigns his or her office before the expiration of his or her term, the corresponding member of the planning commission may continue to serve until the office is next filled by election. If the office of the recommending member becomes vacant before the expiration of the term for any other reason, the corresponding member of the planning commission may continue to serve for the duration of the original term.

     5.  Except as otherwise provided in this subsection, members of a county or city planning commission may be removed, after public hearing, by a majority vote of the governing body for just cause. In a county whose population is [400,000] 700,000 or more, members of a county or city planning commission serve at the pleasure of their appointing authority.

     6.  Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.

     Sec. 131.  NRS 278.050 is hereby amended to read as follows:

     278.050  1.  The commission shall hold at least one regular meeting in each month.

     2.  The commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record is a public record.

     3.  Except as otherwise provided in subsection 4, in a county whose population is [400,000] 700,000 or more, the commission shall not grant to an applicant or authorized representative thereof more than two continuances requested by the applicant or authorized representative on the same matter, unless the commission determines, upon good cause shown, that the granting of additional continuances is warranted. If the commission grants a continuance pursuant to this subsection for good cause shown, the person on whose behalf the continuance was granted must make a good faith effort to resolve the issues concerning which the continuance was requested.

     4.  An applicant or authorized representative thereof may request a continuance on a matter on behalf of an officer or employee of a city or county, a member of the commission or any owner of property that may be directly affected by the matter. If the commission grants the continuance, the continuance must not be counted toward the limitation on the granting of continuances set forth in subsection 3 relating to that matter.

     5.  As used in this section:

     (a) “Applicant” means the person who owns the property to which the application pending before the commission pertains.

     (b) “Good cause” includes, without limitation:

           (1) The desire by the applicant or authorized representative thereof to:

                (I) Revise plans, drawings or other documents relating to the matter;

 


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                (II) Engage in negotiations concerning the matter with any person or governmental entity; or

                (III) Retain counsel to represent him or her in the matter.

           (2) Circumstances relating to the matter that are beyond the control of the applicant or authorized representative thereof.

     Sec. 132.  NRS 278.150 is hereby amended to read as follows:

     278.150  1.  The planning commission shall prepare and adopt a comprehensive, long-term general plan for the physical development of the city, county or region which in the commission’s judgment bears relation to the planning thereof.

     2.  The plan must be known as the master plan, and must be so prepared that all or portions thereof, except as otherwise provided in subsections 3 and 4, may be adopted by the governing body, as provided in NRS 278.010 to 278.630, inclusive, as a basis for the development of the city, county or region for such reasonable period of time next ensuing after the adoption thereof as may practically be covered thereby.

     3.  In counties whose population is 100,000 or more but less than [400,000,] 700,000, if the governing body of the city or county adopts only a portion of the master plan, it shall include in that portion a conservation plan, a housing plan and a population plan as provided in NRS 278.160.

     4.  In counties whose population is [400,000] 700,000 or more, the governing body of the city or county shall adopt a master plan for all of the city or county that must address each of the subjects set forth in subsection 1 of NRS 278.160.

     Sec. 133.  NRS 278.160 is hereby amended to read as follows:

     278.160  1.  Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

     (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

     (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

     (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

     (d) Historic neighborhood preservation plan. The plan:

 


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ê2011 Statutes of Nevada, Page 1184 (Chapter 253, AB 545)ê

 

           (1) Must include, without limitation:

                (I) A plan to inventory historic neighborhoods.

                (II) A statement of goals and methods to encourage the preservation of historic neighborhoods.

           (2) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

     (e) Historical properties preservation plan. An inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

     (f) Housing plan. The housing plan must include, without limitation:

           (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing to individuals and families in the community, regardless of income level.

           (2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

           (3) An analysis of projected growth and the demographic characteristics of the community.

           (4) A determination of the present and prospective need for affordable housing in the community.

           (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

           (6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

                (I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

                (II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

           (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

           (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

     (g) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

           (1) Must address, if applicable:

                (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

                (II) The coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

 


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           (2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

     (h) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

     (i) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

     (j) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

     (k) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

     (l) Rural neighborhoods preservation plan. In any county whose population is [400,000] 700,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

     (m) Safety plan. In any county whose population is [400,000] 700,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

     (n) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

     (o) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

     (p) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

     (q) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

     (r) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

     (s) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

     2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

 


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region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

     Sec. 134.  NRS 278.170 is hereby amended to read as follows:

     278.170  1.  Except as otherwise provided in subsections 2 and 3, the commission may prepare and adopt all or any part of the master plan or any subject thereof for all or any part of the city, county or region. Master regional plans must be coordinated with similar plans of adjoining regions, and master county and city plans within each region must be coordinated so as to fit properly into the master plan for the region.

     2.  In counties whose population is 100,000 or more but less than [400,000,] 700,000, if the commission prepares and adopts less than all subjects of the master plan, as outlined in NRS 278.160, it shall include, in its preparation and adoption, the conservation, housing and population plans described in that section.

     3.  In counties whose population is [400,000] 700,000 or more, the commission shall prepare and adopt a master plan for all of the city or county that must address each of the subjects set forth in subsection 1 of NRS 278.160.

     Sec. 135.  NRS 278.250 is hereby amended to read as follows:

     278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

     2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

     (a) To preserve the quality of air and water resources.

     (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

     (c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.

     (d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.

     (e) To provide for recreational needs.

     (f) To protect life and property in areas subject to floods, landslides and other natural disasters.

     (g) To conform to the adopted population plan, if required by NRS 278.170.

     (h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.

     (i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

     (j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

     (k) To promote health and the general welfare.

 


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     (l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

     (m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods and, in counties whose population is [400,000] 700,000 or more, the protection of historic neighborhoods.

     (n) To promote systems which use solar or wind energy.

     (o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

     3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

     4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

     5.  As used in this section:

     (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

     (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

     (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

     Sec. 136.  NRS 278.260 is hereby amended to read as follows:

     278.260  1.  The governing body shall provide for the manner in which zoning regulations and restrictions and the boundaries of zoning districts are determined, established, enforced and amended.

     2.  A zoning regulation, restriction or boundary, or an amendment thereto, must not become effective until after transmittal of a copy of the relevant application to the town board, citizens’ advisory council or town advisory board pursuant to subsection 5, if applicable, and after a public hearing at which parties in interest and other persons have an opportunity to be heard. The governing body shall cause notice of the time and place of the hearing to be:

     (a) Published in an official newspaper, or a newspaper of general circulation, in the city, county or region;

     (b) Mailed to each tenant of a mobile home park if that park is located within 300 feet of the property in question; and

     (c) If a military installation is located within 3,000 feet of the property in question, mailed to the commander of that military installation,

Ê at least 10 days before the hearing.

 


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     3.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is less than 100,000, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice of the hearing to be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) Each owner, as listed on the county assessor’s records, of real property located within 300 feet of the portion of the boundary being changed;

     (c) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b); and

     (d) Any advisory board which has been established for the affected area by the governing body.

Ê The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (d), inclusive, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of or a map detailing the proposed change, must indicate the existing zoning designation and the proposed zoning designation of the property in question, and must contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his or her approval of or opposition to the proposed amendment.

     4.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is 100,000 or more, the governing body shall, to the extent this notice does not duplicate the notice required by subsection 2, cause a notice of the hearing to be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the portion of the boundary being changed;

     (c) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest to the portion of the boundary being changed, to the extent this notice does not duplicate the notice given pursuant to paragraph (b);

     (d) Each tenant of a mobile home park if that park is located within 750 feet of the property in question; and

     (e) Any advisory board which has been established for the affected area by the governing body.

Ê The notice must be sent by mail or, if requested by a party to whom notice must be provided pursuant to paragraphs (a) to (e), inclusive, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description of or a map detailing the proposed change, must indicate the existing zoning designation and the proposed zoning designation of the property in question, and must contain a brief summary of the intent of the proposed change.

 


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contain a brief summary of the intent of the proposed change. If the proposed amendment involves a change in the boundary of the zoning district that would reduce the density or intensity with which a parcel of land may be used, the notice must include a section that an owner of property may complete and return to the governing body to indicate his or her approval of or opposition to the proposed amendment.

     5.  If an application is filed with the governing body and the application involves a change in the boundary of a zoning district within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

     6.  In a county whose population is [400,000] 700,000 or more, if a notice is required to be sent pursuant to subsection 4:

     (a) The exterior of a notice sent by mail; or

     (b) The cover sheet, heading or subject line of a notice sent by electronic means,

Ê must bear a statement, in at least 10-point bold type or font, in substantially the following form:

 

OFFICIAL NOTICE OF PUBLIC HEARING

 

     7.  In addition to sending the notice required pursuant to subsection 4, in a county whose population is [400,000] 700,000 or more, the governing body shall, not later than 10 days before the hearing, erect or cause to be erected on the property at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

     (a) The existing zoning designation of the property in question;

     (b) The proposed zoning designation of the property in question;

     (c) The date, time and place of the public hearing;

     (d) A telephone number which may be used by interested persons to obtain additional information; and

     (e) A statement which indicates whether the proposed zoning designation of the property in question complies with the requirements of the master plan of the city or county in which the property is located.

     8.  A sign required pursuant to subsection 7 is for informational purposes only and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

 


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     9.  A governing body may charge an additional fee for each application to amend an existing zoning regulation, restriction or boundary to cover the actual costs resulting from the mailed notice required by this section and the erection of not more than one of the signs required by subsection 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

     10.  The governing body shall remove or cause to be removed any sign required by subsection 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

     11.  If a proposed amendment involves a change in the boundary of a zoning district in a county whose population is [400,000] 700,000 or more that would reduce the density or intensity with which a parcel of land may be used and at least 20 percent of the property owners to whom notices were sent pursuant to subsection 4 indicate in their responses opposition to the proposed amendment, the governing body shall not approve the proposed amendment unless the governing body:

     (a) Considers separately the merits of each aspect of the proposed amendment to which the owners expressed opposition; and

     (b) Makes a written finding that the public interest and necessity will be promoted by approval of the proposed amendment.

     12.  The governing body of a county whose population is [400,000] 700,000 or more shall not approve a zoning regulation, restriction or boundary, or an amendment thereof, that affects any unincorporated area of the county that is surrounded completely by the territory of an incorporated city without sending a notice to the governing body of the city. The governing body of the city, or its designee, must submit any recommendations to the governing body of the county within 15 days after receiving the notice. The governing body of the county shall consider any such recommendations. If the governing body of the county does not accept a recommendation, the governing body of the county, or its authorized agent, shall specify for the record the reasons for its action.

     Sec. 137.  NRS 278.315 is hereby amended to read as follows:

     278.315  1.  The governing body may provide by ordinance for the granting of variances, special use permits, conditional use permits or other special exceptions by the board of adjustment, the planning commission or a hearing examiner appointed pursuant to NRS 278.262. The governing body may impose this duty entirely on the board, commission or examiner, respectively, or provide for the granting of enumerated categories of variances, special use permits, conditional use permits or special exceptions by the board, commission or examiner.

     2.  A hearing to consider an application for the granting of a variance, special use permit, conditional use permit or special exception must be held before the board of adjustment, planning commission or hearing examiner within 65 days after the filing of the application, unless a longer time or a different process of review is provided in an agreement entered into pursuant to NRS 278.0201.

     3.  In a county whose population is less than 100,000, notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) Each owner of real property, as listed on the county assessor’s records, located within 300 feet of the property in question;

 


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     (c) If a mobile home park is located within 300 feet of the property in question, each tenant of that mobile home park;

     (d) Any advisory board which has been established for the affected area by the governing body; and

     (e) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation.

     4.  Except as otherwise provided in subsection 7, in a county whose population is 100,000 or more, a notice setting forth the time, place and purpose of the hearing must be sent at least 10 days before the hearing to:

     (a) The applicant;

     (b) If the application is for a deviation of at least 10 percent but not more than 30 percent from a standard for development:

           (1) Each owner, as listed on the county assessor’s records, of real property located within 100 feet of the property in question; and

           (2) Each tenant of a mobile home park located within 100 feet of the property in question;

     (c) If the application is for a special use permit or a deviation of more than 30 percent from a standard for development:

           (1) Each owner, as listed on the county assessor’s records, of real property located within 500 feet of the property in question;

           (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

           (3) Each tenant of a mobile home park located within 500 feet of the property in question;

     (d) If the application is for a project of regional significance, as that term is described in NRS 278.02542:

           (1) Each owner, as listed on the county assessor’s records, of real property located within 750 feet of the property in question;

           (2) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (1); and

           (3) Each tenant of a mobile home park located within 750 feet of the property in question;

     (e) Any advisory board which has been established for the affected area by the governing body; and

     (f) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation.

     5.  If an application is filed with the governing body for the issuance of a special use permit with regard to property situated within an unincorporated town that is located more than 10 miles from an incorporated city, the governing body shall, at least 10 days before the hearing on the application is held pursuant to subsection 2, transmit a copy of any information pertinent to the application to the town board, citizens’ advisory council or town advisory board, whichever is applicable, of the unincorporated town. The town board, citizens’ advisory council or town advisory board may make recommendations regarding the application and submit its recommendations before the hearing on the application is held pursuant to subsection 2. The governing body or other authorized person or entity conducting the hearing shall consider any recommendations submitted by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

 


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by the town board, citizens’ advisory council or town advisory board regarding the application and, within 10 days after making its decision on the application, shall transmit a copy of its decision to the town board, citizens’ advisory council or town advisory board.

     6.  An applicant or a protestant may appeal a decision of the board of adjustment, planning commission or hearing examiner in accordance with the ordinance adopted pursuant to NRS 278.3195.

     7.  In a county whose population is [400,000] 700,000 or more, if the application is for the issuance of a special use permit for an establishment which serves alcoholic beverages for consumption on or off of the premises as its primary business in a district which is not a gaming enterprise district as defined in NRS 463.0158, the governing body shall, at least 10 days before the hearing:

     (a) Send a notice setting forth the time, place and purpose of the hearing to:

           (1) The applicant;

           (2) Each owner, as listed on the county assessor’s records, of real property located within 1,500 feet of the property in question;

           (3) The owner, as listed on the county assessor’s records, of each of the 30 separately owned parcels nearest the property in question, to the extent this notice does not duplicate the notice given pursuant to subparagraph (2);

           (4) Each tenant of a mobile home park located within 1,500 feet of the property in question;

           (5) Any advisory board which has been established for the affected area by the governing body; and

           (6) If a military installation is located within 3,000 feet of the property in question, the commander of that military installation; and

     (b) Erect or cause to be erected on the property, at least one sign not less than 2 feet high and 2 feet wide. The sign must be made of material reasonably calculated to withstand the elements for 40 days. The governing body must be consistent in its use of colors for the background and lettering of the sign. The sign must include the following information:

           (1) The existing permitted use and zoning designation of the property in question;

           (2) The proposed permitted use of the property in question;

           (3) The date, time and place of the public hearing; and

           (4) A telephone number which may be used by interested persons to obtain additional information.

     8.  A sign required pursuant to subsection 7 is for informational purposes only and must be erected regardless of any local ordinance regarding the size, placement or composition of signs to the contrary.

     9.  A governing body may charge an additional fee for each application for a special use permit to cover the actual costs resulting from the erection of not more than one sign required by subsection 7, if any. The additional fee is not subject to the limitation imposed by NRS 354.5989.

     10.  The governing body shall remove or cause to be removed any sign required by subsection 7 within 5 days after the final hearing for the application for which the sign was erected. There must be no additional charge to the applicant for such removal.

     11.  The notice required to be provided pursuant to subsections 3, 4 and 7 must be sent by mail or, if requested by a party to whom notice must be provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand.

 


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provided pursuant to those subsections, by electronic means if receipt of such an electronic notice can be verified, and must be written in language which is easy to understand. The notice must set forth the time, place and purpose of the hearing and a physical description or map of the property in question.

     12.  The provisions of this section do not apply to an application for a conditional use permit filed pursuant to NRS 278.147.

     Sec. 138.  NRS 278.3195 is hereby amended to read as follows:

     278.3195  1.  Except as otherwise provided in NRS 278.310, each governing body shall adopt an ordinance providing that any person who is aggrieved by a decision of:

     (a) The planning commission, if the governing body has created a planning commission pursuant to NRS 278.030;

     (b) The board of adjustment, if the governing body has created a board of adjustment pursuant to NRS 278.270;

     (c) A hearing examiner, if the governing body has appointed a hearing examiner pursuant to NRS 278.262; or

     (d) Any other person appointed or employed by the governing body who is authorized to make administrative decisions regarding the use of land,

Ê may appeal the decision to the governing body. In a county whose population is [400,000] 700,000 or more, a person shall be deemed to be aggrieved under an ordinance adopted pursuant to this subsection if the person appeared, either in person, through an authorized representative or in writing, before a person or entity described in paragraphs (a) to (d), inclusive, on the matter which is the subject of the decision.

     2.  Except as otherwise provided in NRS 278.310, an ordinance adopted pursuant to subsection 1 must set forth, without limitation:

     (a) The period within which an appeal must be filed with the governing body.

     (b) The procedures pursuant to which the governing body will hear the appeal.

     (c) That the governing body may affirm, modify or reverse a decision.

     (d) The period within which the governing body must render its decision except that:

           (1) In a county whose population is [400,000] 700,000 or more, that period must not exceed 45 days.

           (2) In a county whose population is less than [400,000,] 700,000, that period must not exceed 60 days.

     (e) That the decision of the governing body is a final decision for the purpose of judicial review.

     (f) That, in reviewing a decision, the governing body will be guided by the statement of purpose underlying the regulation of the improvement of land expressed in NRS 278.020.

     (g) That the governing body may charge the appellant a fee for the filing of an appeal.

     3.  In addition to the requirements set forth in subsection 2, in a county whose population is [400,000] 700,000 or more, an ordinance adopted pursuant to subsection 1 must:

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

     (b) Prohibit the governing body from granting to an aggrieved person more than two continuances on the same matter, unless the governing body determines, upon good cause shown, that the granting of additional continuances is warranted.

 


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     4.  Any person who:

     (a) Has appealed a decision to the governing body in accordance with an ordinance adopted pursuant to subsection 1; and

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

Ê may appeal that decision to the district court of the proper county by filing a petition for judicial review within 25 days after the date of filing of notice of the decision with the clerk or secretary of the governing body, as set forth in NRS 278.0235.

     5.  As used in this section, “person” includes the Armed Forces of the United States or an official component or representative thereof.

     Sec. 139.  NRS 278.325 is hereby amended to read as follows:

     278.325  1.  If a subdivision is proposed on land which is zoned for industrial or commercial development, neither the tentative nor the final map need show any division of the land into lots or parcels, but the streets and any other required improvements are subject to the requirements of NRS 278.010 to 278.630, inclusive.

     2.  No parcel of land may be sold for residential use from a subdivision whose final map does not show a division of the land into lots.

     3.  Except as otherwise provided in subsection 4, a boundary or line must not be created by a conveyance of a parcel from an industrial or commercial subdivision unless a professional land surveyor has surveyed the boundary or line and set the monuments. The surveyor shall file a record of the survey pursuant to the requirements set forth in NRS 625.340. Any conveyance of such a parcel must contain a legal description of the parcel that is independent of the record of survey.

     4.  The provisions of subsection 3 do not apply to a boundary or line that is created entirely within an existing industrial or commercial building. A certificate prepared by a professional engineer or registered architect certifying compliance with the applicable law of this State in effect at the time of the preparation of the certificate and with the building code in effect at the time the building was constructed must be attached to any document which proposes to subdivide such a building.

     5.  A certificate prepared pursuant to subsection 4 for a building located in a county whose population is [400,000] 700,000 or more must be reviewed, approved and signed by the building official having jurisdiction over the area within which the building is situated.

     Sec. 140.  NRS 278.330 is hereby amended to read as follows:

     278.330  1.  The initial action in connection with the making of any subdivision is the preparation of a tentative map.

     2.  The subdivider shall file copies of the map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.

     3.  The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies and persons charged with reviewing the proposed subdivision.

     4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.

 


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     5.  Except as otherwise provided by subsection 6, if there is a planning commission, it shall:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

     6.  If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. The planning commission shall file its written decision with the governing body.

     Sec. 141.  NRS 278.346 is hereby amended to read as follows:

     278.346  1.  The planning commission or its designated representative or, if there is no planning commission, the clerk or other designated representative of the governing body shall, not more than 10 days after the tentative map is filed pursuant to the provisions of subsection 2 of NRS 278.330, forward a copy of the tentative map to the board of trustees of the school district within which the proposed subdivision is located. Within 15 days after receipt of the copy, the board of trustees or its designee shall, if a school site is needed within the area, notify the commission or governing body that a site is requested.

     2.  If the board of trustees requests a site:

     (a) The subdivider shall, except as otherwise provided in subsection 8, set aside a site of the size which is determined by the board.

     (b) The subdivider and the board of trustees shall, except as otherwise provided in subsections 7 and 8, negotiate for the price of the site, which must not exceed the fair market value of the land as determined by an independent appraisal paid for by the board.

     3.  If any land purchased by the school district pursuant to the provisions of subsection 2 has not been placed in use as a school site at the end of 10 years from the date of purchase, the land must be offered to the subdivider or the successor in interest of the subdivider at a sale price equal to the fair market value of the land at the time of the offer, as determined by an independent appraisal paid for by the board.

     4.  If the subdivider or the successor in interest of the subdivider does not accept an offer made pursuant to the provisions of subsection 3 or 9, then the board of trustees may:

     (a) Sell or lease such property in the manner provided in NRS 277.050 or 393.220 to 393.320, inclusive;

     (b) Exchange such property in the manner provided in NRS 277.050 or 393.326 to 393.3293, inclusive; or

     (c) Retain such property, if such retention is determined to be in the best interests of the school district.

 


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     5.  Except as otherwise provided in subsection 6, when any land dedicated to the use of the public school system or any land purchased and used as a school site becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall dispose of the land as provided in subsection 4.

     6.  Land dedicated under the provisions of former NRS 116.020, as it read before April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or the successor or successors in interest of the dedicator.

     7.  Except as otherwise provided in subsection 8, in a county whose population is 100,000 or more but less than [400,000,] 700,000, the school district may purchase the site for a price negotiated between the subdivider and the board of trustees, which price must not exceed the lesser of:

     (a) The fair market value of the land at the time the tentative map was approved, as determined by an independent appraisal paid for by the board, plus any costs paid by the subdivider with respect to that land between the date the tentative map was approved and the date of purchase; or

     (b) The fair market value of the land on the date of purchase, as determined by an independent appraisal paid for by the board.

     8.  If, 5 years after the date on which the final map that contains the school site was approved, a school district has not purchased the site pursuant to the provisions of subsection 7, the subdivider need not continue to set aside the site pursuant to the provisions of subsection 2.

     9.  If, 10 years after the date on which the final map that contains the school site was approved, construction of a school at the school site has not yet begun, the land purchased by the school district pursuant to subsection 7 must be offered to the subdivider or the successor in interest of the subdivider at a sale price equal to the fair market value of the land at the time of the offer, as determined by an independent appraisal paid for by the board.

     Sec. 142.  NRS 278.349 is hereby amended to read as follows:

     278.349  1.  Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after receipt of the planning commission’s recommendations.

     2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after the map is filed with the clerk of the governing body.

     3.  The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:

 


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     (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

     (b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;

     (c) The availability and accessibility of utilities;

     (d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;

     (e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

     (f) General conformity with the governing body’s master plan of streets and highways;

     (g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

     (h) Physical characteristics of the land such as floodplain, slope and soil;

     (i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;

     (j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands; and

     (k) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

     4.  The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. The governing body or planning commission shall not approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest. Any disapproval or conditional approval must include a statement of the reason for that action.

     Sec. 143.  NRS 278.464 is hereby amended to read as follows:

     278.464  1.  Except as otherwise provided in subsection 2, if there is a planning commission, it shall:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.

     2.  If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

 


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     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

     3.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.

     4.  The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.

     5.  Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

     6.  A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.

 


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ê2011 Statutes of Nevada, Page 1199 (Chapter 253, AB 545)ê

 

     7.  An applicant or other person aggrieved by a decision of the governing body’s authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

     8.  If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chair of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.

     Sec. 144.  NRS 278.4725 is hereby amended to read as follows:

     278.4725  1.  Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

     2.  If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:

     (a) In a county whose population is [400,000] 700,000 or more, within 45 days; or

     (b) In a county whose population is less than [400,000,] 700,000, within 60 days,

Ê after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.

     3.  An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.

     4.  If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.

 


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     5.  If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:

     (a) Each lot contains an access road that is suitable for use by emergency vehicles; and

     (b) The corners of each lot are set by a professional land surveyor.

     6.  If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.

     7.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

     (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

     (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

     8.  The map filed with the county recorder must include:

     (a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.

     (b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.

     (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

     9.  A governing body may by local ordinance require a final map to include:

     (a) A report from a title company which lists the names of:

           (1) Each owner of record of the land to be divided; and

           (2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.

     (b) The signature of each owner of record of the land to be divided.

     (c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:

           (1) The final map; or

           (2) A separate document that is filed with the final map and declares his or her consent to the division of land.

     10.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

 


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ê2011 Statutes of Nevada, Page 1201 (Chapter 253, AB 545)ê

 

     11.  The county recorder shall charge and collect for recording the map a fee set by the board of county commissioners of not more than $50 for the first sheet of the map plus $10 for each additional sheet.

     12.  A county recorder who records a final map pursuant to this section shall, within 7 working days after he or she records the final map, provide to the county assessor at no charge:

     (a) A duplicate copy of the final map and any supporting documents; or

     (b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

     Sec. 145.  NRS 278.564 is hereby amended to read as follows:

     278.564  1.  Any deed restrictions in the unincorporated area of a county whose population is 100,000 or more but less than [400,000,] 700,000, recorded after July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedure, of a construction committee.

     2.  As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of the committee shall file an affidavit with the building official having jurisdiction over the area within which the subdivision is situated, identifying the committee as the constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with those restrictions on lots in the subdivision. The affidavit must also set forth the names of the officers of the committee, including the address of a particular officer designated as the authorized representative of the committee for the purposes of NRS 278.563 to 278.568, inclusive.

     Sec. 146.  NRS 278.565 is hereby amended to read as follows:

     278.565  1.  A copy of deed restrictions proposed for a subdivision in a county whose population is 100,000 or more but less than [400,000] 700,000 must be filed with the planning commission or governing body with the tentative map.

     2.  Upon final approval of the subdivision, a copy of the restrictions must be:

     (a) Filed with the building official having jurisdiction over the area within which the subdivision is situated.

     (b) Presented to each prospective purchaser of real property within the subdivision.

     3.  The original copy of the restrictions may be recorded with the county recorder immediately following the recording of the final map.

     Sec. 147.  NRS 278.566 is hereby amended to read as follows:

     278.566  1.  Except as provided in subsection 3, the building official in a county whose population is 100,000 or more but less than [400,000,] 700,000, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless the building official has received a written report thereon from the construction committee.

     2.  An application for a written report must be made by certified mail addressed to the authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building official within 20 days from the date of its receipt of a written request therefor, the building official must proceed as provided by law in cases where there is no functioning construction committee.

 


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ê2011 Statutes of Nevada, Page 1202 (Chapter 253, AB 545)ê

 

request therefor, the building official must proceed as provided by law in cases where there is no functioning construction committee.

     3.  This section does not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.

     Sec. 148.  NRS 278B.100 is hereby amended to read as follows:

     278B.100  “Service area” means any specified area within the boundaries of a local government in which new development necessitates capital improvements or facility expansions and within which new development is served directly and benefited by the capital improvement or facility expansion as set forth in the capital improvements plan. The term does not include any area that makes up the entire area of a local government, unless the local government is a city whose population is [10,000 or] less than 15,000 or a county whose population is less than 15,000 . [or less.]

     Sec. 149.  NRS 278C.250 is hereby amended to read as follows:

     278C.250  1.  After the effective date of the ordinance adopted pursuant to NRS 278C.220, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:

     (a) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the last equalized assessment roll used in connection with the taxation of the property by the taxing agency, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid.

     (b) Except as otherwise provided in this section, the portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in this subsection, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

     (c) The amount of the taxes levied each year which are paid into the tax increment account pursuant to paragraph (b) must be limited by the governing body to an amount not to exceed the combined total amount required for annual debt service of the project or projects acquired, improved or equipped, or any combination thereof, as part of the undertaking.

     (d) Any revenues generated within the tax increment district in excess of the amount referenced in paragraph (c), if any, will be paid into the funds of the respective taxing agencies in the same proportion as their base amount was distributed.

 


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ê2011 Statutes of Nevada, Page 1203 (Chapter 253, AB 545)ê

 

     2.  Except as otherwise provided in this subsection, in any fiscal year, the total revenue paid to a tax increment area in combination with the total revenue paid to any other tax increment areas and any redevelopment agencies of a municipality must not exceed:

     (a) In a [municipality] county whose population is 100,000 or more [,] or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

     (b) In a [municipality] county whose population is less than 100,000 [,] or a city whose population is less than 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

Ê Notwithstanding the provisions of this subsection, if a [municipality] county has a population of less than 100,000 or if a city has a population of less than 150,000 at the time the municipality issues securities for a tax increment area pursuant to NRS 278C.280, the revenue limitation set forth in paragraph (b) must remain the revenue limitation for the tax increment area until such time as the securities issued for that tax increment area pursuant to NRS 278C.280 have been paid in full, including any securities issued to refund those securities, regardless of whether the population of the municipality reaches or exceeds 100,000 after the issuance of those securities.

     3.  If the revenue paid to a tax increment area must be limited pursuant to paragraph (a) or (b) of subsection 2 and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue that would be allocated to a tax increment area but for the provisions of this section must be paid into the funds of the respective taxing agencies.

     4.  The portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) of subsection 1 which is attributable to any tax rate levied by a taxing agency:

     (a) To produce revenue in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the debt service fund of that taxing agency.

     (b) In excess of any tax rate of that taxing agency applicable to the last taxation of the property before the effective date of the ordinance, if that additional rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

     (c) Pursuant to NRS 387.3285 or 387.3287, if that rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

     (d) For the support of the public schools within a county school district pursuant to NRS 387.195, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.

     5.  The provisions of paragraph (a) of subsection 4 include, without limitation, a tax rate approved for bonds of a county school district issued pursuant to NRS 350.020, including, without limitation, amounts necessary for a reserve account in the debt service fund.

 


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ê2011 Statutes of Nevada, Page 1204 (Chapter 253, AB 545)ê

 

     6.  As used in this section, the term “last equalized assessment roll” means the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.

     Sec. 150.  NRS 279.676 is hereby amended to read as follows:

     279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the State, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

     (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the State and becomes exempt from taxation, the assessed valuation of the exempt property as shown on the assessment roll last equalized before the date on which the property was transferred to the State must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

     (b) Except as otherwise provided in paragraphs (c) and (d) and NRS 540A.265, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan, less the assessed valuation of any exempt property subtracted pursuant to paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

     (c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

 


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ê2011 Statutes of Nevada, Page 1205 (Chapter 253, AB 545)ê

 

produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.

     (d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.

     2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:

     (a) In a [municipality] county whose population is 100,000 or more [,] or a city whose population is 150,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

     (b) In a [municipality] county whose population is 30,000 or more but less than 100,000 or a city whose population is 25,000 or more but less than [100,000,] 150,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.

     (c) In a [municipality] county whose population is less than 30,000 or a city whose population is less than 25,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 20 percent of the total assessed valuation of the municipality.

Ê If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a), (b) or (c) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

     3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

     4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

     Sec. 151.  NRS 279.685 is hereby amended to read as follows:

     279.685  1.  Except as otherwise provided in this section, an agency of a city whose population is [300,000] 500,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, to increase, improve and preserve the number of dwelling units in the community for low-income households.

     2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area.

 


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means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

     3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

     4.  The agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

     Sec. 152.  NRS 281A.270 is hereby amended to read as follows:

     281A.270  1.  Each county whose population is [more than] 10,000 or more and each city whose population is 15,000 or more [than 10,000] and that is located within such a county shall pay an assessment for the costs incurred by the Commission each biennium in carrying out its functions pursuant to this chapter. The total amount of money to be derived from assessments paid pursuant to this subsection for a biennium must be determined by the Legislature in the legislatively approved budget of the Commission for that biennium. The assessments must be apportioned among each such city and county based on the proportion that the total population of the city or the total population of the unincorporated area of the county bears to the total population of all such cities and the unincorporated areas of all such counties in this State.

     2.  On or before July 1 of each odd-numbered year, the Executive Director shall, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, determine for the next ensuing biennium the amount of the assessments due for each city and county that is required to pay an assessment pursuant to subsection 1. The assessments must be paid to the Commission in semiannual installments that are due on or before August 1 and February 1 of each year of the biennium. The Executive Director shall send out a billing statement to each such city or county which states the amount of the semiannual installment payment due from the city or county.

     3.  Any money that the Commission receives pursuant to subsection 2:

     (a) Must be deposited in the State Treasury, accounted for separately in the State General Fund and credited to the budget account for the Commission;

     (b) May only be used to carry out the provisions of this chapter and only to the extent authorized for expenditure by the Legislature; and

     (c) Does not revert to the State General Fund at the end of any fiscal year.

 


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     4.  If any installment payment is not paid on or before the date on which it is due, the Executive Director shall make reasonable efforts to collect the delinquent payment. If the Executive Director is not able to collect the arrearage, the Executive Director shall submit a claim for the amount of the unpaid installment payment to the Department of Taxation. If the Department of Taxation receives such a claim, the Department shall deduct the amount of the claim from money that would otherwise be allocated from the Local Government Tax Distribution Account to the city or county that owes the installment payment and shall transfer that amount to the Commission.

     5.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

     Sec. 153.  NRS 289.380 is hereby amended to read as follows:

     289.380  1.  Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.

     2.  A review board created pursuant to subsection 1 must consist of:

     (a) In a city whose population is [150,000] 220,000 or more or a county whose population is 100,000 or more, 25 members; and

     (b) In a city whose population is less than [150,000] 220,000 or a county whose population is less than 100,000, 12 members.

     3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.

     4.  A person appointed to the review board must:

     (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.

     (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.

     Sec. 154.  NRS 293.464 is hereby amended to read as follows:

     293.464  1.  If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after receiving notice of the court’s decision:

     (a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and

     (b) Transmit a notice of the extended deadline to each registered voter who requested an absent voter’s ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.

     2.  The notice required pursuant to paragraph (a) of subsection 1 must be published:

     (a) In a county whose population is [45,000] 47,500 or more, on at least 3 successive days.

 


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     (b) In a county whose population is less than [45,000,] 47,500, at least twice in successive issues of the newspaper.

     Sec. 155.  NRS 295.121 is hereby amended to read as follows:

     295.121  1.  In a county whose population is [40,000] 45,000 or more, for each initiative, referendum or other question to be placed on the ballot by:

     (a) The board, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160;

     (b) The governing body of a school district, public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the county; or

     (c) A metropolitan police committee on fiscal affairs authorized by law to submit questions to some or all of the qualified electors or registered voters of the county,

Ê the board shall, in consultation with the county clerk pursuant to subsection 5, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

     2.  If, after consulting with the county clerk pursuant to subsection 5, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.

     3.  With respect to a committee appointed pursuant to this section:

     (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

     (b) Members of the committee serve without compensation.

     (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

     4.  The county clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The county clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

     (a) Make recommendations pursuant to subsection 5; and

     (b) Appoint members to a committee pursuant to subsection 6.

     5.  Before the board appoints a committee pursuant to this section, the county clerk shall:

     (a) Recommend to the board persons to be appointed to the committee; and

     (b) Consider recommending pursuant to paragraph (a):

           (1) Any person who has expressed an interest in serving on the committee; and

           (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

 


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     6.  If the board of a county whose population is [40,000] 45,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall, in consultation with the district attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the county clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the county clerk pursuant to subsection 8. The county clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

     7.  A committee appointed pursuant to this section:

     (a) Shall elect a chair for the committee;

     (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

     (c) May seek and consider comments from the general public;

     (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

     (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

     (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

           (1) The anticipated financial effect of the initiative, referendum or other question;

           (2) The environmental impact of the initiative, referendum or other question; and

           (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

     (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 8.

     8.  The county clerk of a county whose population is [40,000] 45,000 or more shall provide, by rule or regulation:

     (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

     (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.

     9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:

     (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

     (b) Shall reject each statement in the argument or rebuttal that the county clerk believes is libelous or factually inaccurate.

Ê The decision of the county clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

 


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     10.  The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

     11.  In a county whose population is less than [40,000:] 45,000:

     (a) The board may appoint committees pursuant to this section.

     (b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 8.

     12.  Except as otherwise provided in this subsection, if a question is to be placed on the ballot by an entity described in paragraph (b) or (c) of subsection 1, the entity must provide a copy and explanation of the question to the county clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the county clerk is governed by subsection 2 of NRS 293.481.

     13.  The provisions of chapter 241 of NRS do not apply to any consultations, deliberations, hearings or meetings conducted pursuant to this section.

     Sec. 156.  NRS 295.217 is hereby amended to read as follows:

     295.217  1.  In a city whose population is [10,000] 15,000 or more, for each initiative, referendum or other question to be placed on the ballot by the:

     (a) Council, including, without limitation, pursuant to NRS 293.482 or 295.215; or

     (b) Governing body of a public library or water district authorized by law to submit questions to some or all of the qualified electors or registered voters of the city,

Ê the council shall, in consultation pursuant to subsection 5 with the city clerk or other city officer authorized to perform the duties of the city clerk, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.

     2.  If, after consulting with the city clerk pursuant to subsection 5, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.

     3.  With respect to a committee appointed pursuant to this section:

     (a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.

     (b) Members of the committee serve without compensation.

     (c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.

 


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     4.  The city clerk may establish and maintain a list of the persons who have expressed an interest in serving on a committee appointed pursuant to this section. The city clerk, after exercising due diligence to locate persons who favor approval by the voters of an initiative, referendum or other question to be placed on the ballot or who oppose approval by the voters of an initiative, referendum or other question to be placed on the ballot, may use the names on a list established pursuant to this subsection to:

     (a) Make recommendations pursuant to subsection 5; and

     (b) Appoint members to a committee pursuant to subsection 6.

     5.  Before the council appoints a committee pursuant to this section, the city clerk shall:

     (a) Recommend to the council persons to be appointed to the committee; and

     (b) Consider recommending pursuant to paragraph (a):

           (1) Any person who has expressed an interest in serving on the committee; and

           (2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.

     6.  If the council of a city whose population is [10,000] 15,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall, in consultation with the city attorney, prepare an argument advocating approval by the voters of the initiative, referendum or other question and an argument opposing approval by the voters of the initiative, referendum or other question. Each argument prepared by the city clerk must satisfy the requirements of paragraph (f) of subsection 7 and any rules or regulations adopted by the city clerk pursuant to subsection 8. The city clerk shall not prepare the rebuttal of the arguments required pursuant to paragraph (e) of subsection 7.

     7.  A committee appointed pursuant to this section:

     (a) Shall elect a chair for the committee;

     (b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;

     (c) May seek and consider comments from the general public;

     (d) Shall prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question;

     (e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section;

     (f) Shall address in the argument and rebuttal prepared pursuant to paragraphs (d) and (e):

           (1) The anticipated financial effect of the initiative, referendum or other question;

           (2) The environmental impact of the initiative, referendum or other question; and

           (3) The impact of the initiative, referendum or other question on the public health, safety and welfare; and

     (g) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d), (e) and (f) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 8.

     8.  The city clerk of a city whose population is [10,000] 15,000 or more shall provide, by rule or regulation:

 


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ê2011 Statutes of Nevada, Page 1212 (Chapter 253, AB 545)ê

 

     (a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and

     (b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.

     9.  Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:

     (a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and

     (b) Shall reject each statement in the argument or rebuttal that the city clerk believes is libelous or factually inaccurate.

Ê The decision of the city clerk to reject a statement pursuant to this subsection is a final decision for purposes of judicial review. Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection by filing a complaint in district court. The court shall set the matter for hearing not later than 3 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

     10.  The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 9. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.

     11.  In a city whose population is less than [10,000:] 15,000:

     (a) The council may appoint committees pursuant to this section.

     (b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 8.

     12.  If a question is to be placed on the ballot by an entity described in paragraph (b) of subsection 1, the entity must provide a copy and explanation of the question to the city clerk at least 30 days earlier than the date required for the submission of such documents pursuant to subsection 1 of NRS 293.481. This subsection does not apply to a question if the date that the question must be submitted to the city clerk is governed by subsection 2 of NRS 293.481.

     Sec. 157.  NRS 315.7805 is hereby amended to read as follows:

     315.7805  1.  In a county whose population is [400,000] 700,000 or more, any two or more authorities may form a regional authority.

     2.  To form a regional authority as described in subsection 1, the governing body of the county and the governing body of each city and town located within the county that desires to participate in the regional authority shall adopt a resolution setting forth:

     (a) The intent to regionalize some or all of their powers;

     (b) A reference to the development of a plan for transitioning to a regional authority;

     (c) The geographic scope of the regional authority; and

     (d) Such other matters as the governing bodies determine to be necessary or advisable.

     3.  If the formation of a regional authority pursuant to this section involves fiscal matters, the ownership of real property or the consolidation of functions, the governing bodies who form the regional authority shall, in consultation with the United States Department of Housing and Urban Development, resolve such matters by written contract, agreement or other arrangement entered into by those governing bodies.

 


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consultation with the United States Department of Housing and Urban Development, resolve such matters by written contract, agreement or other arrangement entered into by those governing bodies.

     Sec. 158.  NRS 315.963 is hereby amended to read as follows:

     315.963  “Area of operation” means any area of the State which is not included within the corporate limits of a city or town having a population of [100,000] 150,000 or more.

     Sec. 159.  NRS 315.9835 is hereby amended to read as follows:

     315.9835  The State Authority may operate in any area of the State which is not included within the corporate limits of a city or town having a population of [100,000] 150,000 or more.

     Sec. 160.  NRS 318.083 is hereby amended to read as follows:

     318.083  1.  Notwithstanding any provision of law to the contrary, the board of trustees of a district organized or reorganized pursuant to this chapter that exists on July 1, 2009, that is authorized only to exercise the basic power of furnishing electric light and power pursuant to NRS 318.117 in a county whose population is [400,000] 700,000 or more, and for which the board of county commissioners of the county is not ex officio the board of trustees, shall consist of seven trustees.

     2.  The members of the board of trustees described in subsection 1 must be selected as follows:

     (a) One member who is elected by the qualified electors of the largest incorporated city in the district at the first biennial election following July 1, 2009. The term of office of a trustee who is elected pursuant to this paragraph is 4 years.

     (b) One member who is elected by the qualified electors of the district at the first biennial election following July 1, 2009. The initial term of office of a trustee who is elected pursuant to this paragraph is 2 years. After the initial term, the term of office of a trustee who is elected pursuant to this paragraph is 4 years.

     (c) Five members who are elected from the election areas in the district created pursuant to NRS 318.0952 that existed on July 1, 2009, each of whom serves for a term of 4 years.

     3.  Each member of the board of trustees must be a resident of the area which he or she seeks to represent.

     4.  A majority of the members of the board constitutes a quorum at any meeting.

     Sec. 161.  NRS 318.0953 is hereby amended to read as follows:

     318.0953  1.  In every county whose population is [400,000] 700,000 or more, the board of county commissioners is, and in counties whose population is less than [400,000] 700,000 the board of county commissioners may be, ex officio the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for sewerage as provided in NRS 318.140, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as otherwise provided in subsections 2, 4 and 5.

     2.  The board of county commissioners of any county may be, at its option, ex officio the board of trustees of any district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for water as provided in NRS 318.144, or furnishing both facilities for water and facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which:

 


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ê2011 Statutes of Nevada, Page 1214 (Chapter 253, AB 545)ê

 

power of furnishing facilities for water as provided in NRS 318.144, or furnishing both facilities for water and facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which:

     (a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter, except as otherwise provided in subsection 4.

     (b) Is organized or reorganized pursuant to this chapter, the boundaries of which include all or a portion of any incorporated city or all or a portion of a district for water created by special law.

     3.  In every county whose population is less than 100,000, the board of county commissioners may be ex officio the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing emergency medical services as provided in NRS 318.1185, which district may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

     4.  The board of county commissioners of any county may be, at its option, ex officio the board of trustees of any district organized on or after July 1, 2007, and authorized to exercise one or more of the basic powers designated in this chapter. In a county whose population is less than 100,000, a district for which the board of county commissioners is ex officio the board of trustees pursuant to this subsection and which is authorized only to exercise the basic power of furnishing streets and alleys as provided in NRS 318.120 may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

     5.  A board of county commissioners may exercise the options provided in subsections 1 to 4, inclusive, by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is ex officio the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case, within the 30-day period the county clerk shall promptly cause a copy of the ordinance to be:

     (a) Filed in the clerk’s office;

     (b) Transmitted to the secretary of the district; and

     (c) Filed in the Office of the Secretary of State without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

     Sec. 162.  NRS 318.1445 is hereby amended to read as follows:

     318.1445  In any county whose population is [400,000] 700,000 or more:

     1.  Except as otherwise provided in subsection 2, nothing in this chapter requires a district to furnish water for the purpose of filling or maintaining an artificial lake or stream where that use of water is prohibited or restricted by ordinance of:

     (a) The county, if the artificial lake or stream is located within the unincorporated areas of the county; or

 


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     (b) A city, if the artificial lake or stream is located within the boundaries of the city.

     2.  The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:

     (a) Water stored in an artificial reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

     (b) Water used in a mining reclamation project; or

     (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

     Sec. 163.  NRS 318.203 is hereby amended to read as follows:

     318.203  1.  If an employee of a general improvement district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a general improvement district in a county whose population is less than [400,000,] 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

     2.  If a board of trustees receives an affidavit described in subsection 1, the board may set a date for a hearing to determine whether the unit referenced in the affidavit is being used as a dwelling unit. At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located. The notice must specify the purpose, date, time and location of the hearing.

     3.  Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to NRS 318.197 for the services provided by the district to the dwelling unit. The board shall not adopt such a resolution if the owner provides evidence satisfactory to the board that the unit referenced in the affidavit is not being used as a dwelling unit.

     4.  As used in this section:

     (a) “Dwelling unit” means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen. The term does not include a hotel or a motel.

     (b) “Kitchen” means a room, all or part of which is designed or used for storage, refrigeration, cooking and preparation of food.

     (c) “Owner” means a person to whom the parcel of real property upon which the unit referenced in an affidavit submitted pursuant to subsection 1 is located is assessed in the most recent assessment roll available.

     Sec. 164.  NRS 350.0115 is hereby amended to read as follows:

     350.0115  1.  There is hereby created in each county whose population is [400,000] 700,000 or more a debt management commission, to be composed of:

     (a) Three representatives of the board of county commissioners from its membership;

 


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     (b) One representative of each governing body of the five largest incorporated cities in the county from its membership;

     (c) One representative of the board of trustees of the county school district from its membership; and

     (d) Two representatives of the public at large.

     2.  There is hereby created in each county whose population is less than [400,000] 700,000 a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:

     (a) In each such county which contains more than one incorporated city:

           (1) One representative of the city in which the county seat is located;

           (2) One representative of the other incorporated cities jointly; and

           (3) One representative of the public at large.

     (b) In each such county which contains one incorporated city:

           (1) One representative of the incorporated city; and

           (2) Two representatives of the public at large.

     (c) In each such county which contains no incorporated city, one representative of the public at large.

     (d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

     3.  In Carson City, there is hereby created a debt management commission, to be composed of one representative of the Board of Supervisors, one representative of the school district and three representatives of the public at large. The representative of the Board of Supervisors and the representative of the school district shall select the representatives of the public at large and, for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

     4.  Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

     5.  A person appointed as a member of the commission in a county whose population is 100,000 or more who is not an elected officer or a person appointed to an elective office for an unexpired term must have at least 5 years of experience in the field of public administration, public accounting or banking.

     6.  A person appointed as a member of the commission shall not have a substantial financial interest in the ownership or negotiation of securities issued by this State or any of its political subdivisions.

     7.  Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1. The representatives of incorporated cities must be chosen after elections are held in the cities, but before the annual meeting of the commission in August.

 


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held in the cities, but before the annual meeting of the commission in August. The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his or her elected office, unless the public entity that appointed the representative revokes his or her appointment.

     8.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.

     Sec. 165.  NRS 350.012 is hereby amended to read as follows:

     350.012  1.  The commission shall meet during the month of February of each year to organize by selecting a chair and vice chair. In a county whose population is [400,000] 700,000 or more, the chair must be one of the representatives of the board of county commissioners. The county clerk is ex officio the secretary of the commission.

     2.  In addition to the organizational meeting, each commission shall meet annually in August of each year and at the call of the chair whenever business is presented, as provided in NRS 350.014 and 350.0145.

     3.  In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:

     (a) Is 100,000 or more but less than [400,000,] 700,000, shall meet each calendar quarter.

     (b) Is [400,000] 700,000 or more, shall meet each month.

Ê The meetings required by this subsection must be scheduled at each annual meeting in August.

     4.  The appointing authority may remove a member of a commission in a county whose population:

     (a) Is [400,000] 700,000 or more if the member fails to attend three consecutive meetings or five meetings during a calendar year.

     (b) Is 100,000 or more but less than [400,000] 700,000 if the member fails to attend two consecutive meetings or three meetings during a calendar year.

     (c) Is less than 100,000 if the member fails to attend at least one meeting during a calendar year.

     5.  Except as otherwise provided in subsection 3 of NRS 350.0115, a majority of the members constitutes a quorum for all purposes.

     6.  The governing body of the county may provide for the payment to members of the commission who serve as representatives of the public at large:

     (a) Compensation of not more than $40, as fixed by the governing body, for each day or portion of a day of attendance at a meeting of the commission, not to exceed $400 paid to each such member per month.

     (b) While engaged in the business of the commission, the per diem allowance and travel expenses generally provided for officers and employees of the county, if any.

     Sec. 166.  NRS 350.0125 is hereby amended to read as follows:

     350.0125  1.  The commission in a county whose population is less than [45,000] 47,500 may request technical assistance from the Department of Taxation to carry out the duties of the commission. Upon such a request, the Department of Taxation shall provide to that commission such technical assistance to the extent that resources are available.

     2.  The board of county commissioners of a county whose population is [45,000] 47,500 or more shall provide the commission in that county with such staff as is necessary to carry out the duties of the commission. The staff provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.

 


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provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.

     Sec. 167.  NRS 350.659 is hereby amended to read as follows:

     350.659  The governing body of a local government in a county whose population is 20,000 or more, subject to any contractual limitations from time to time imposed upon the local government by any ordinance authorizing the issuance of outstanding securities of the local government or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested, except as otherwise provided in NRS 350.698, any proceeds of taxes, any pledged revenues and any proceeds of bonds or other local government securities issued hereunder for which the amount of the principal of the original issuance was $5,000,000 or more in an investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:

     1.  The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;

     2.  In a county whose population is 20,000 or more but less than [50,000:] 55,000:

     (a) The local government employs a full-time finance director; and

     (b) The terms of the investment contract have been reviewed by independent bond counsel, who has determined that the contract complies with this section;

     3.  The local government receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the local government or its trustee by a third-party agent of the local government which is a commercial bank authorized to exercise trust powers;

     4.  The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the local government to meet that ratio within 2 business days after the determination; and

     5.  The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:

     (a) An insurance company which has a rating on its ability to pay claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA” by Standard and Poor’s Ratings Services, or their equivalent; or

     (b) An entity which has a credit rating on its outstanding long-term debt of not less than “A2” by Moody’s Investors Service, Inc., or “A” by Standard and Poor’s Ratings Services, or their equivalent.

     Sec. 168.  NRS 350A.152 is hereby amended to read as follows:

     350A.152  1.  Before state securities may be issued pursuant to this chapter for the purpose of acquiring bonds which are issued by a water authority organized as a political subdivision created by cooperative agreement that operates in all or a portion of a county whose population is [400,000] 700,000 or more:

     (a) The water authority must obtain approval for the bonds from the debt management commission of each county in which any member of the water authority that is obligated to make payments on the bonds of the water authority is located; and

 


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     (b) The members of the water authority must contract with the water authority to make payments from the revenues of the members’ water systems that, in the aggregate, are fully sufficient to pay those bonds as they become due. If the water revenues of any such member are insufficient to pay that member’s share of the amount due on the bonds, the member shall pay the deficiency out of money available for that purpose in the general fund of the member. If the money in the general fund of the member is insufficient to pay fully any such deficiency promptly, the member shall levy a general ad valorem tax on all taxable property within the member’s boundaries at a rate necessary to produce revenue in an amount sufficient to pay that member’s share of the payments due on the bonds.

     2.  Notwithstanding the provisions of paragraph (a) of subsection 1, the obligations of the members of the water authority to the water authority and the State of Nevada as a result of the acquisition of bonds of the water authority pursuant to this chapter do not constitute indebtedness of the members within the meaning of any constitutional, charter or statutory limitation or other provisions restricting the incurrence of any debt.

     3.  A property tax levied pursuant to this section:

     (a) Shall be considered to have been levied for the payment of bonded indebtedness for the purposes of NRS 361.463.

     (b) Is exempt from the limitations on property taxes contained in chapter 354 of NRS.

     Sec. 169.  NRS 355.171 is hereby amended to read as follows:

     355.171  1.  Except as otherwise provided in this section, a board of county commissioners, a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment:

     (a) Notes, bonds and other unconditional obligations for the payment of money issued by corporations organized and operating in the United States that:

           (1) Are purchased from a registered broker-dealer;

           (2) At the time of purchase have a remaining term to maturity of no more than 5 years; and

           (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better.

     (b) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent.

     (c) Asset-backed securities that are rated by a nationally recognized rating service as “AAA” or its equivalent.

     2.  With respect to investments purchased pursuant to paragraph (a) of subsection 1:

     (a) Such investments must not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase;

     (b) Not more than 25 percent of such investments may be in notes, bonds and other unconditional obligations issued by any one corporation; and

     (c) If the rating of an obligation is reduced to a level that does not meet the requirements of that paragraph, the obligation must be sold as soon as possible.

     3.  Subsections 1 and 2 do not:

     (a) Apply to a:

           (1) Board of county commissioners of a county whose population is less than 100,000;

 


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           (2) Board of trustees of a county school district in a county whose population is less than 100,000; or

           (3) Governing body of an incorporated city whose population is less than [100,000,] 150,000,

Ê unless the purchase is effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments or by an investment adviser who is registered with the Securities and Exchange Commission and approved by the State Board of Finance.

     (b) Authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.

     Sec. 170.  NRS 355.178 is hereby amended to read as follows:

     355.178  1.  The governing body of a city whose population is [150,000] 220,000 or more or a county whose population is 100,000 or more may lend securities from its investment portfolio if:

     (a) The investment portfolio has a value of at least $100,000,000;

     (b) The treasurer of the city or county:

           (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

           (2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

     (c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

           (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

           (2) At least 102 percent of the value of the securities borrowed.

     2.  The governing body of a city or consolidated municipality whose population is 25,000 or more but less than [150,000] 220,000 may lend securities from its investment portfolio if:

     (a) The investment portfolio has a value of at least $50,000,000;

     (b) The governing body is currently authorized to lend securities pursuant to subsection 5;

     (c) The treasurer of the city or consolidated municipality:

           (1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and

           (2) Submits the policy established pursuant to subparagraph (1) to the manager of the city, consolidated municipality or other local government and prepares and submits to the manager of the city, consolidated municipality or other local government a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and

     (d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:

           (1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and

 


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           (2) At least 102 percent of the value of the securities borrowed.

     3.  The governing body of a city, county or consolidated municipality may enter into such contracts as are necessary to extend and manage loans pursuant to this section.

     4.  The total of investments made by a particular city, county or consolidated municipality with collateral received pursuant to subsection 1 or 2 must have an average weighted maturity of not more than 90 days.

     5.  The governing body of a city or consolidated municipality whose population is 25,000 or more but less than [150,000] 220,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the State Board of Finance. The State Board of Finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the State Board of Finance for additional 2-year periods.

     6.  As used in this section, “average weighted maturity” means the average length of time until the securities in which a particular city, county or consolidated municipality has invested with collateral received pursuant to subsection 1 or 2 will mature or be redeemed by their issuers, with the length of time of each individual security proportionally weighted according to the total dollar amount that the particular city, county or consolidated municipality has invested in that individual security with collateral received pursuant to subsection 1 or 2.

     Sec. 171.  NRS 361.453 is hereby amended to read as follows:

     361.453  1.  Except as otherwise provided in this section and NRS 354.705, 354.723 and 450.760, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the State Board of Examiners if the State Board of Examiners is directed by law to fix a lesser or greater amount for that fiscal year.

     2.  Any levy imposed by the Legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is [40,000 or less,] less than 45,000, or in a city or unincorporated town located within that county:

     (a) The combined tax rate certified by the Nevada Tax Commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;

     (b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;

     (c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and

     (d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.

     3.  The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

 


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     4.  A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

     Sec. 172.  NRS 362.171 is hereby amended to read as follows:

     362.171  1.  Each county to which money is appropriated by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation to establish a county fund for mitigation. Money from the fund may be appropriated by the board of county commissioners only to mitigate adverse effects upon the county, or the school district located in the county, which result from:

     (a) A decline in the revenue received by the county from the tax on the net proceeds of minerals during the 2 fiscal years immediately preceding the current fiscal year; or

     (b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter.

     2.  Each school district to which money is apportioned by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage of the amount apportioned to establish a school district fund for mitigation. Except as otherwise provided in subsection 3, money from the fund may be used by the school district only to mitigate adverse effects upon the school district which result from:

     (a) A decline in the revenue received by the school district from the tax on the net proceeds of minerals;

     (b) The opening or closing of an extractive operation from the net proceeds of which revenue has been or is reasonably expected to be derived pursuant to this chapter; or

     (c) Expenses incurred by the school district arising from a natural disaster.

     3.  In addition to the authorized uses for mitigation set forth in subsection 2, a school district in a county whose population is less than [5,000] 4,500 may, as the board of trustees of the school district determines is necessary, use the money from the fund established pursuant to subsection 2:

     (a) To retire bonds issued by the school district or any other outstanding obligations of the school district; and

     (b) To continue the instructional programs of the school district or the services and activities that are necessary to support those instructional programs, which would otherwise be reduced or eliminated if not for the provisions of this section.

Ê Before authorizing the expenditure of money pursuant to this subsection, the board of trustees shall hold at least one public hearing on the matter.

 


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     Sec. 173.  NRS 365.545 is hereby amended to read as follows:

     365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the:

     (a) Governmental entity which operates the airport at which the tax was collected, if the airport is operated by a governmental entity;

     (b) Governmental entity which owns the airport at which the tax was collected, if the airport is owned but not operated by a governmental entity; or

     (c) County in which is located the airport at which the tax was collected, if the airport is neither owned nor operated by a governmental entity.

     2.  Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:

     (a) Must be used by the governmental entity receiving it to pay the cost of:

           (1) Transportation projects related to airports, including access on the ground to airports;

           (2) The payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1);

           (3) Promoting the use of an airport located in a county whose population is less than [400,000,] 700,000, including, without limitation, increasing the number and availability of flights at the airport;

           (4) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or

           (5) Any combination of those purposes; and

     (b) May also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

     3.  Any money allocated pursuant to subsection 1 to a county whose population is [400,000] 700,000 or more and in which a regional transportation commission has been created pursuant to chapter 277A of NRS, from the proceeds of the tax imposed pursuant to paragraph (a) of subsection 2 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:

     (a) Must be used by the regional transportation commission:

           (1) To pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to NRS 277A.210;

           (2) For the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or

           (3) For any combination of those purposes; and

     (b) May also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

 


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pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

     Sec. 174.  NRS 369.620 is hereby amended to read as follows:

     369.620  1.  “Establishment” includes:

     (a) A business that sells alcoholic beverages by the drink for consumption on the premises; and

     (b) In a county whose population is [400,000] 700,000 or more, a business that sells alcoholic beverages in corked or sealed containers or receptacles for consumption off the premises.

     2.  The term includes, without limitation, a retail liquor store.

     3.  The term does not include:

     (a) A wholesale dealer; or

     (b) A private club or other facility not in fact open to the public.

     Sec. 175.  NRS 371.043 is hereby amended to read as follows:

     371.043  1.  A board of county commissioners of a county whose population is 100,000 or more but less than [400,000] 700,000 may by ordinance, but not as in a case of emergency, impose a supplemental governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

     (a) A vehicle exempt from the governmental services tax pursuant to this chapter; or

     (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

     2.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

     3.  Except as otherwise provided in subsection 4 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

     (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

           (1) Within the boundaries of the county;

           (2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

           (3) Within 30 miles outside the boundaries of the county and the boundaries of this State, where those boundaries are coterminous, if:

                (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this State and which connects this State to an interstate highway; and

                (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

     (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

     (c) Any combination of those uses.

     4.  The county may expend:

     (a) Any proceeds of the supplemental governmental services tax authorized by this section, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to any projects to be financed with the proceeds of the tax.

 


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transportation commission of the county with respect to any projects to be financed with the proceeds of the tax.

     (b) Any proceeds of the supplemental governmental services tax authorized by this section to pay the operating costs of the county and any other costs to carry out the governmental functions of the county.

     5.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

     Sec. 176.  NRS 371.045 is hereby amended to read as follows:

     371.045  1.  A board of county commissioners of a county whose population is less than 100,000 or is [400,000] 700,000 or more may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

     (a) A vehicle exempt from the governmental services tax pursuant to this chapter; or

     (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

     2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

     3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

     4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

     5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

     (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights-of-way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

           (1) Within the boundaries of the county;

           (2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

           (3) Within 30 miles outside the boundaries of the county and the boundaries of this State, where those boundaries are coterminous, if:

 


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                (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this State and which connects this State to an interstate highway; and

                (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

     (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

     (c) Any combination of those uses.

     6.  The county may:

     (a) Expend any proceeds of the supplemental governmental services tax authorized by this section, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to any projects to be financed with the proceeds of the tax.

     (b) If the population of the county is [400,000] 700,000 or more, expend any proceeds of the supplemental governmental services tax authorized by this section to pay the operating costs of the county and any other costs to carry out the governmental functions of the county.

     7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

     Sec. 177.  NRS 371.107 is hereby amended to read as follows:

     371.107  The county assessor of each county whose population is [50,000] 55,000 or more is designated as an agent to assist the Department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the Department to allow a claimant the appropriate exemption on his or her vehicle.

     Sec. 178.  NRS 371.125 is hereby amended to read as follows:

     371.125  The county assessor of each county whose population is less than [50,000] 55,000 is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the Department in administering the exemptions provided in this chapter.

     Sec. 179.  NRS 373.065 is hereby amended to read as follows:

     373.065  1.  Except as otherwise provided in this section and NRS 373.068, in a county whose population is less than [400,000:] 700,000:

     (a) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

           (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

     (b) The board may by ordinance impose:

 


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           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

           (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

     (c) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

           (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

     (d) If the board imposes a tax pursuant to NRS 373.030, the board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 373.030 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

           (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 373.030 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

     2.  A board may not adopt any ordinance authorized by this section unless:

     (a) In a county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board first:

           (1) Imposes a tax pursuant to NRS 373.030 at the maximum rate authorized pursuant to that paragraph; or

           (2) Submits to the voters of the county at a general or special election the question of whether to impose a tax pursuant to NRS 373.030 at the maximum rate authorized pursuant to that paragraph; and

 


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     (b) A question concerning the imposition of the tax pursuant to this section is first approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in this State forms for submitting a question to the registered voters of a county pursuant to this paragraph. Any question submitted to the registered voters of a county pursuant to this paragraph must be in the form most recently provided by the Committee on Local Government Finance.

     3.  An ordinance adopted pursuant to this section in a county whose population is less than 100,000:

     (a) Must be reapproved, in addition to the approval required by paragraph (b) of subsection 2, at least once every 8 years by a majority of the registered voters of the county voting on the question which the board may submit to the voters at any general election; and

     (b) Expires by limitation no later than the last day of the 8th calendar year following the calendar year in which the ordinance was:

           (1) Approved in accordance with paragraph (b) of subsection 2; or

           (2) Most recently reapproved in accordance with this subsection,

Ê whichever occurs later.

     4.  Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section. Each tax imposed pursuant to this section is in addition to any other motor vehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases before the ordinance expires by limitation or the authority to impose additional tax increases expires by limitation pursuant to NRS 373.068.

     5.  Any ordinance adopted pursuant to this section must:

     (a) Become effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and

     (b) If the board has created a commission in the county, require the commission:

           (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                (I) The amount of that increase and the accuracy of its calculation;

                (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                (IV) Any other information relevant to the effect of the annual increases on the public; and

           (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

     6.  Any ordinance adopted pursuant to:

     (a) Paragraph (a) of subsection 1 must:

           (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and

 


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proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and

           (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.180 which becomes effective after the adoption of that ordinance.

     (b) Paragraph (b) of subsection 1 must:

           (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190; and

           (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.190 which becomes effective after the adoption of that ordinance.

     (c) Paragraph (c) of subsection 1 must:

           (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192; and

           (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.192 which becomes effective after the adoption of that ordinance.

     (d) Paragraph (d) of subsection 1 must:

           (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 373.030; and

           (2) Expire by limitation no later than the effective date of any subsequent ordinance increasing or decreasing the amount of the tax imposed in that county pursuant to NRS 373.030.

     Sec. 180.  NRS 373.066 is hereby amended to read as follows:

     373.066  1.  Except as otherwise provided in this section, in a county whose population is 100,000 or more but less than [400,000] 700,000 and in which a commission has been created and a tax is imposed pursuant to NRS 373.030:

     (a) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 4.2248 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 4.2248 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (b) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 2.0538 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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ê2011 Statutes of Nevada, Page 1230 (Chapter 253, AB 545)ê

 

adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 2.0538 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (c) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 1.1736 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 1.1736 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (d) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 10.5621 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 10.5621 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (e) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.455 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.455 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (f) The board may by ordinance impose:

           (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying 18.4 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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ê2011 Statutes of Nevada, Page 1231 (Chapter 253, AB 545)ê

 

adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.4 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (g) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel that consists of an emulsion of water-phased hydrocarbon fuel sold in the county in an amount equal to the product obtained by multiplying 19 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 19 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (h) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 22 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 22 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (i) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 21 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 21 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (j) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (g), (h) or (i), in an amount equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

 


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ê2011 Statutes of Nevada, Page 1232 (Chapter 253, AB 545)ê

 

equal to the product obtained by multiplying 27.75 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 27.75 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (k) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel that consists of liquefied petroleum gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (l) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel that consists of compressed natural gas sold in the county in an amount equal to the product obtained by multiplying 18.3 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 18.3 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

     (m) The board may by ordinance impose:

           (1) An excise tax on each gallon of special fuel sold in the county, other than any special fuel described in paragraph (k) or (l), which is taxed by the Federal Government at a rate per gallon or gallon equivalent of 24.4 cents or more, in an amount equal to the product obtained by multiplying 24.4 cents per gallon by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the ordinance becomes effective; and

           (2) An annual increase in the tax imposed pursuant to this paragraph, on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in the amount determined by adding 24.4 cents per gallon to the amount of the tax imposed pursuant to this paragraph during the preceding fiscal year, then multiplying that sum by the lesser of 7.8 percent or the adjusted average street and highway construction inflation index for the fiscal year in which the increase becomes effective.

 


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ê2011 Statutes of Nevada, Page 1233 (Chapter 253, AB 545)ê

 

     2.  A board may not adopt an ordinance authorized by this section unless a question concerning the imposition of the tax pursuant to this section is first approved by a majority of the registered voters of the county voting upon the question, which the board may submit to the voters at any general election. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in this State forms for submitting a question to the registered voters of a county pursuant to this subsection. Any question submitted to the registered voters of a county pursuant to this subsection must be in the form most recently provided by the Committee on Local Government Finance.

     3.  Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section, and a single ordinance may be adopted pursuant to this section which imposes all or any combination of the taxes authorized by this section. Upon the adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases in each tax imposed by the ordinance.

     4.  Any ordinance adopted pursuant to this section:

     (a) Must become effective on:

           (1) The first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; or

           (2) January 1, 2010,

Ê whichever occurs later; and

     (b) Is not affected by any changes in the population of the county which occur after the adoption of the ordinance.

     5.  For the purposes of this section:

     (a) “Adjusted average street and highway construction inflation index” means:

           (1) For the fiscal year in which an ordinance adopted pursuant to this section becomes effective, the percentage obtained by adding the average street and highway construction inflation index for that fiscal year to:

                (I) If the average street and highway construction inflation index for the preceding fiscal year is greater than 7.8 percent, the remainder obtained by subtracting 7.8 percent from the average street and highway construction inflation index for the preceding fiscal year; or

                (II) If the average street and highway construction inflation index for the preceding fiscal year is less than or equal to 7.8 percent, zero; and

           (2) For each fiscal year following the fiscal year in which the ordinance becomes effective, the percentage obtained by adding the average street and highway construction inflation index for that fiscal year to:

                (I) If the adjusted average street and highway construction inflation index for the preceding fiscal year is greater than 7.8 percent, the remainder obtained by subtracting 7.8 percent from the adjusted average street and highway construction inflation index for the preceding fiscal year; or

                (II) If the adjusted average street and highway construction inflation index for the preceding fiscal year is less than or equal to 7.8 percent, zero.

     (b) “Average street and highway construction inflation index” for a fiscal year means the average percentage increase in the street and highway construction inflation index for the 10 calendar years preceding the beginning of that fiscal year.

 


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ê2011 Statutes of Nevada, Page 1234 (Chapter 253, AB 545)ê

 

     (c) “Special fuel” has the meaning ascribed to it in NRS 366.060.

     (d) “Street and highway construction inflation index” means the Producer Price Index for Highway and Street Construction or, if that index ceases to be published by the United States Department of Labor, the published index that most closely measures inflation in the costs of street and highway construction, as determined by the commission.

     Sec. 181.  NRS 375.020 is hereby amended to read as follows:

     375.020  1.  A tax, at the rate of:

     (a) In a county whose population is [400,000] 700,000 or more, $1.25; and

     (b) In a county whose population is less than [400,000,] 700,000, 65 cents,

Ê for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

     2.  The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

     Sec. 182.  NRS 375.026 is hereby amended to read as follows:

     375.026  1.  In addition to all other taxes imposed on transfers of real property, the board of county commissioners of a county whose population is less than [400,000] 700,000 may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof, on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100.

     2.  The amount of the tax must be computed on the basis of the value of the real property that is the subject of the transfer or land sale installment contract as declared pursuant to NRS 375.060.

     3.  The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he or she shall transmit all the proceeds from the tax imposed pursuant to this section to the State Treasurer for use in the Plant Industry Program as required by NRS 561.355.

     Sec. 183.  NRS 375.070 is hereby amended to read as follows:

     375.070  1.  The county recorder shall transmit the proceeds of the tax imposed by NRS 375.020 at the end of each quarter in the following manner:

     (a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Low-Income Housing created pursuant to NRS 319.500.

     (b) In a county whose population is 700,000 or more , [than 400,000,] an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

     (c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

 


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ê2011 Statutes of Nevada, Page 1235 (Chapter 253, AB 545)ê

 

     2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are elderly or persons with disabilities.

     3.  The expenses authorized by subsection 2 include, but are not limited to:

     (a) The costs to acquire land and developmental rights;

     (b) Related predevelopment expenses;

     (c) The costs to develop the land, including the payment of related rebates;

     (d) Contributions toward down payments made for the purchase of affordable housing; and

     (e) The creation of related trust funds.

     Sec. 184.  NRS 376A.020 is hereby amended to read as follows:

     376A.020  1.  The board of county commissioners of a county whose population is less than [400,000] 700,000 may adopt an open-space plan. If an open-space plan is adopted, the plan must provide for:

     (a) The development and use of open-space land for a period of 20 years;

     (b) The financing for the acquisition of open-space land; and

     (c) The maintenance of open-space land acquired pursuant to the open-space plan and the maintenance of any existing open-space land in the county.

     2.  Before the board of county commissioners adopts the open-space plan, the open-space plan must be found by the governing board for regional planning to be in conformance with the comprehensive regional plan adopted pursuant to NRS 278.0282.

     3.  Before the open-space plan is adopted, the board of county commissioners shall:

     (a) Send a copy of the open-space plan to the city council of each incorporated city within the county and request that the city council review and comment on the open-space plan within 60 days after receipt of the open-space plan; and

     (b) Consider and respond to any comments provided by a city council that are received by the board of county commissioners within 90 days after sending the open-space plan to the city council.

     Sec. 185.  NRS 376A.040 is hereby amended to read as follows:

     376A.040  1.  In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is less than [400,000] 700,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 376A.050 or 376A.070, or both.

 


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ê2011 Statutes of Nevada, Page 1236 (Chapter 253, AB 545)ê

 

     2.  If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed one-quarter of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

     3.  Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

     4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund.

     5.  The State Controller, acting upon the collection data furnished by the Department of Taxation, shall monthly:

     (a) Transfer from the Sales and Use Tax Account 1.75 percent of all fees, taxes, interest and penalties collected during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

     (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this section during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

     (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money to the county treasurer.

     6.  The money received from the tax imposed pursuant to subsection 5 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:

     (a) The acquisition of land in fee simple for development and use as open-space land;

     (b) The acquisition of the development rights of land identified as open-space land;

     (c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);

     (d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or

     (e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.

     7.  The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.

     8.  Any money used for the purposes described in this section must be used in a manner:

     (a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and

     (b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.

 


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ê2011 Statutes of Nevada, Page 1237 (Chapter 253, AB 545)ê

 

     Sec. 186.  NRS 376A.050 is hereby amended to read as follows:

     376A.050  1.  Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is less than [400,000] 700,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 376A.040 or 376A.070, or both.

     2.  If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed one-quarter of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

     3.  Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.

     4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund.

     5.  The State Controller, acting upon the collection data furnished by the Department of Taxation, shall monthly:

     (a) Transfer from the Sales and Use Tax Account 1.75 percent of all fees, taxes, interest and penalties collected during the preceding month to the appropriate account in the State General Fund as compensation to the State for the cost of collecting the tax.

     (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this section during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

     (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money to the county treasurer.

     Sec. 187.  NRS 376A.070 is hereby amended to read as follows:

     376A.070  1.  The board of county commissioners in a county whose population is less than [400,000] 700,000 may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 376A.040 or 376A.050, or both. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

     2.  The Department of Taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.

 


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ê2011 Statutes of Nevada, Page 1238 (Chapter 253, AB 545)ê

 

     3.  Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

     Sec. 188.  NRS 377A.020 is hereby amended to read as follows:

     377A.020  1.  The board of county commissioners of:

     (a) Any county may enact an ordinance imposing a tax for a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes pursuant to NRS 377A.030.

     (b) Any county whose population is less than [400,000] 700,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

     (c) Any county whose population is less than 15,000 may enact an ordinance imposing a tax to support the operation and maintenance of a county swimming pool and recreational facility pursuant to NRS 377A.030.

     (d) Any county whose population is less than 100,000 may enact an ordinance imposing a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes pursuant to NRS 377A.030. The duration of the levy of a tax imposed pursuant to this paragraph must not exceed 30 years.

     2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine a question concerning the imposition of a tax described in subsection 1 with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.

     3.  Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must be the first day of the first calendar quarter that begins at least 120 days after the approval of the question by the voters.

     Sec. 189.  NRS 377A.140 is hereby amended to read as follows:

     377A.140  1.  Except as otherwise provided in subsection 2, a public transit system in a county whose population is [400,000] 700,000 or more may, in addition to providing local transportation within the county and the services described in NRS 377A.130, provide:

     (a) Programs to reduce or manage motor vehicle traffic; and

     (b) Any other services for a public transit system which are requested by the general public,

Ê if those additional services are included and described in a long-range plan adopted pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

     2.  Before a regional transportation commission may provide for an on-call public transit system in an area of the county, other than an on-call public transit system that provides the nonemergency medical transportation described in NRS 377A.130, the commission must receive a determination from the Nevada Transportation Authority that:

 


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ê2011 Statutes of Nevada, Page 1239 (Chapter 253, AB 545)ê

 

     (a) There are no common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in that area; or

     (b) Although there are common motor carriers of passengers who are authorized to provide on-call operations for transporting passengers in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, those operations.

     3.  As used in this section:

     (a) “Common motor carrier of passengers” has the meaning ascribed to it in NRS 706.041.

     (b) “On-call public transit system” means a system established to transport passengers only upon the request of a person who needs transportation.

     Sec. 190.  NRS 377B.100 is hereby amended to read as follows:

     377B.100  1.  The board of county commissioners of any county may by ordinance, but not as in a case of emergency, impose a tax for infrastructure pursuant to this section and NRS 377B.110.

     2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners. Any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax must be approved by a two-thirds majority of the members of the board of county commissioners. The board of county commissioners shall not change a previously approved use for the proceeds of the tax to a use that is not authorized for that county pursuant to NRS 377B.160.

     3.  An ordinance enacted pursuant to this section must:

     (a) Specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must occur on the first day of the first month of the next calendar quarter that is at least 120 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

     (b) In a county whose population is [400,000] 700,000 or more, provide for the cessation of the tax not later than:

           (1) The last day of the month in which the Department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or

           (2) June 30, 2025,

Ê whichever occurs earlier.

     4.  The board of county commissioners in a county whose population is [400,000] 700,000 or more and in which a water authority exists shall review the necessity for the continued imposition of the tax authorized pursuant to this chapter at least once every 10 years.

     5.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners shall hold a public hearing regarding the imposition of a tax for infrastructure. In a county whose population is [400,000] 700,000 or more and in which a water authority exists, the water authority shall also hold a public hearing regarding the tax for infrastructure. Notice of the time and place of each hearing must be:

 


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ê2011 Statutes of Nevada, Page 1240 (Chapter 253, AB 545)ê

 

     (a) Published in a newspaper of general circulation in the county at least once a week for the 2 consecutive weeks immediately preceding the date of the hearing. Such notice must be a display advertisement of not less than 3 inches by 5 inches.

     (b) Posted at the building in which the meeting is to be held and at not less than three other separate, prominent places within the county at least 2 weeks before the date of the hearing.

     6.  Before enacting an ordinance pursuant to this chapter, the board of county commissioners of a county whose population is less than [400,000] 700,000 or a county whose population is [400,000] 700,000 or more and in which no water authority exists, shall develop a plan for the expenditure of the proceeds of a tax imposed pursuant to this chapter for the purposes set forth in NRS 377B.160. The plan may include a regional project for which two or more such counties have entered into an interlocal agreement to expend jointly all or a portion of the proceeds of a tax imposed in each county pursuant to this chapter. Such a plan must include, without limitation, the date on which the plan expires, a description of each proposed project, the method of financing each project and the costs related to each project. Before adopting a plan pursuant to this subsection, the board of county commissioners of a county in which a regional planning commission has been established pursuant to NRS 278.0262 shall transmit to the regional planning commission a list of the proposed projects for which a tax for infrastructure may be imposed. The regional planning commission shall hold a public hearing at which it shall rank each project in relative priority. The regional planning commission shall transmit its rankings to the board of county commissioners. The recommendations of the regional planning commission regarding the priority of the proposed projects are not binding on the board of county commissioners. The board of county commissioners shall hold at least one public hearing on the plan. Notice of the time and place of the hearing must be provided in the manner set forth in subsection 5. The plan must be approved by the board of county commissioners at a public hearing. Subject to the provisions of subsection 7, on or before the date on which a plan expires, the board of county commissioners shall determine whether a necessity exists for the continued imposition of the tax. If the board determines that such a necessity does not exist, the board shall repeal the ordinance that enacted the tax. If the board of county commissioners determines that the tax must be continued for a purpose set forth in NRS 377B.160, the board shall adopt, in the manner prescribed in this subsection, a new plan for the expenditure of the proceeds of the tax for such a purpose.

     7.  No ordinance imposing a tax which is enacted pursuant to this chapter may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to this chapter until those bonds or other obligations have been discharged in full.

     Sec. 191.  NRS 377B.110 is hereby amended to read as follows:

     377B.110  An ordinance enacted pursuant to this chapter must include provisions in substance as follows:

     1.  A provision imposing a tax upon retailers at the rate of not more than:

     (a) In a county whose population is 100,000 or more but less than [400,000,] 700,000, one-eighth of 1 percent; or

 


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ê2011 Statutes of Nevada, Page 1241 (Chapter 253, AB 545)ê

 

     (b) In all other counties, one-quarter of 1 percent,

Ê of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in the county.

     2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

     3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of an ordinance enacted pursuant to this chapter.

     4.  A provision stating the specific purpose for which the proceeds of the tax must be expended.

     5.  A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

     6.  A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

     (a) Entered into on or before the effective date of the tax or the increase in the tax; or

     (b) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax or the increase in the tax if the bid was afterward accepted,

Ê if, under the terms of the contract or bid, the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

     Sec. 192.  NRS 377B.130 is hereby amended to read as follows:

     377B.130  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the counties pursuant to this chapter must be paid to the Department in the form of remittances payable to the Department.

     2.  The Department shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund.

     3.  The State Controller, acting upon the collection data furnished by the Department, shall monthly:

     (a) Transfer from the Sales and Use Tax Account to the appropriate account in the State General Fund 1.75 percent of all fees, taxes, interest and penalties collected pursuant to this chapter during the preceding month as compensation to the State for the cost of collecting the taxes.

     (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the State General Fund pursuant to paragraph (a).

     (c) Transfer the amount determined for each county to the Intergovernmental Fund and remit the money:

           (1) In each county whose population is [400,000] 700,000 or more and in which a water authority exists, to the treasurer for the water authority.

           (2) In each county whose population is less than [400,000] 700,000 or each county whose population is [400,000] 700,000 or more and in which no water authority exists, to the county treasurer.

 


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ê2011 Statutes of Nevada, Page 1242 (Chapter 253, AB 545)ê

 

     Sec. 193.  NRS 377B.140 is hereby amended to read as follows:

     377B.140  The Department may redistribute any fee, tax, penalty and interest to:

     1.  A county whose population is less than [400,000] 700,000 or a county whose population is [400,000] 700,000 or more and in which no water authority exists; or

     2.  The water authority in a county whose population is [400,000] 700,000 or more and in which a water authority exists,

Ê that is entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months before the date on which the Department obtains knowledge of the improper distribution.

     Sec. 194.  NRS 377B.150 is hereby amended to read as follows:

     377B.150  1.  In a county whose population is less than [400,000] 700,000 or a county whose population is [400,000] 700,000 or more and in which no water authority exists, the county treasurer shall deposit the money received from the State Controller pursuant to NRS 377B.130 in the county treasury for credit to a fund to be known as the infrastructure fund. The infrastructure fund must be accounted for as a separate fund and not as a part of any other fund. The money for each project included in the plan adopted pursuant to subsection 6 of NRS 377B.100 must be accounted for separately in the fund.

     2.  In a county whose population is [400,000] 700,000 or more and in which a water authority exists, the water authority shall deposit the money received from the State Controller pursuant to NRS 377B.130 in a separate account of the water authority to be known as the infrastructure fund. This fund must be accounted for as a separate fund and not as part of any other fund of the water authority.

     Sec. 195.  NRS 377B.160 is hereby amended to read as follows:

     377B.160  The money in the infrastructure fund, including interest and any other income from the fund:

     1.  In a county whose population is [400,000] 700,000 or more, must only be expended by the water authority, distributed by the water authority to its members, distributed by the water authority pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority or, if no water authority exists in the county, expended by the board of county commissioners for:

     (a) The acquisition, establishment, construction, improvement or equipping of water and wastewater facilities;

     (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a); or

     (c) Any combination of those purposes.

Ê The board of county commissioners may only expend money from the infrastructure fund pursuant to this subsection in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100.

     2.  In a county whose population is 100,000 or more but less than [400,000,] 700,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

     (a) The acquisition, establishment, construction or expansion of:

 


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ê2011 Statutes of Nevada, Page 1243 (Chapter 253, AB 545)ê

 

           (1) Projects for the management of floodplains or the prevention of floods; or

           (2) Facilities relating to public safety;

     (b) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects described in paragraph (a);

     (c) The ongoing expenses of operation and maintenance of projects described in subparagraph (1) of paragraph (a), if such projects were included in a plan adopted by the board of county commissioners pursuant to subsection 6 of NRS 377B.100 before January 1, 2003;

     (d) Any program to provide financial assistance to owners of public and private property in areas likely to be flooded in order to make such property resistant to flood damage that is established pursuant to NRS 244.3653; or

     (e) Any combination of those purposes.

     3.  In a county whose population is less than 100,000, must only be expended by the board of county commissioners in the manner set forth in the plan adopted pursuant to subsection 6 of NRS 377B.100 for:

     (a) The acquisition, establishment, construction, improvement or equipping of:

           (1) Water facilities; or

           (2) Wastewater facilities;

     (b) The acquisition, establishment, construction, operation, maintenance or expansion of:

           (1) Projects for the management of floodplains or the prevention of floods; or

           (2) Facilities for the disposal of solid waste;

     (c) The construction or renovation of facilities for schools;

     (d) The construction or renovation of facilities having cultural or historical value;

     (e) Projects described in subsection 2 of NRS 373.028;

     (f) The acquisition, establishment, construction, expansion, improvement or equipping of facilities relating to public safety or to cultural and recreational or judicial functions;

     (g) The payment of principal and interest on notes, bonds or other securities issued to provide money for the cost of projects, facilities and activities described in paragraphs (a) to (f), inclusive; or

     (h) Any combination of those purposes.

     Sec. 196.  NRS 377B.170 is hereby amended to read as follows:

     377B.170  1.  In a county whose population is [400,000] 700,000 or more and in which a water authority exists, the water authority shall enter into an interlocal agreement with a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or with a public entity in the county which provides water or wastewater services and which is not a member of the water authority to provide a distribution from the infrastructure fund of the water authority to the city, town or public entity after the city, town or public entity has filed with the water authority a detailed plan for acquiring, establishing, constructing, improving or equipping, or any combination thereof, a water or wastewater facility.

     2.  Such a city, town or public entity may request annually from the infrastructure fund of the water authority an amount of the proceeds of the tax for infrastructure received annually by the water authority that is equal to the proportion that the assessed valuation of taxable property within the boundaries of the city or town or the area served by the public entity, except any assessed valuation attributable to the net proceeds of minerals, bears to the total assessed valuation of taxable property within the county, except any assessed valuation attributable to the net proceeds of minerals.

 


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ê2011 Statutes of Nevada, Page 1244 (Chapter 253, AB 545)ê

 

the proportion that the assessed valuation of taxable property within the boundaries of the city or town or the area served by the public entity, except any assessed valuation attributable to the net proceeds of minerals, bears to the total assessed valuation of taxable property within the county, except any assessed valuation attributable to the net proceeds of minerals. If the boundaries of such a city or town overlap with the boundaries of a public entity in such a county which provides water or wastewater services and which is not a member of the water authority, the water authority shall apportion equally between the city or town and the public entity the distribution from the infrastructure fund attributable to the assessed valuation in the area where the boundaries overlap.

     3.  The water authority shall not unreasonably refuse a request from such a city, town or public entity for a distribution from the infrastructure fund pursuant to the provisions of this section.

     Sec. 197.  NRS 377B.180 is hereby amended to read as follows:

     377B.180  If a water authority in a county whose population is [400,000] 700,000 or more has entered into an interlocal agreement to provide a distribution from the infrastructure fund pursuant to NRS 377B.170 to a city or town located in the county whose territory is not within the boundaries of the area served by the water authority or to a public entity in the county which provides water or wastewater services and which is not a member of the water authority, the city, town or public entity shall transmit to the water authority on or before December 15 of each year a report that describes:

     1.  The total distribution received by the city, town or public entity during the preceding fiscal year from the infrastructure fund pursuant to NRS 377B.170;

     2.  Each project for which the money was distributed; and

     3.  The status of each project for which the money was distributed.

     Sec. 198.  NRS 377B.190 is hereby amended to read as follows:

     377B.190  1.  Money for the payment of the cost of one or more projects for which the board of county commissioners has imposed all or a portion of the tax authorized pursuant to this chapter may be obtained by the issuance of bonds and other securities as provided in this section, or, subject to any pledges, liens and other contractual limitations made pursuant to this chapter, may be obtained by direct distribution from the infrastructure fund, or may be obtained both by the issuance of such securities and by such direct distribution as determined by the board of county commissioners or, in a county whose population is [400,000] 700,000 or more and in which a water authority exists, by the water authority.

     2.  The board of county commissioners of a county whose population is less than [400,000] 700,000 or of a county whose population is [400,000] 700,000 or more and in which no water authority exists may, after the enactment of an ordinance imposing a tax for infrastructure as authorized by NRS 377B.100, from time to time issue bonds and other securities, which are general or special obligations of the county and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the taxes imposed by this chapter. The ordinance authorizing the issuance of any bond or other security must describe the purpose for which it was issued.

     3.  After the enactment of an ordinance imposing a tax for infrastructure by the board of county commissioners of a county whose population is [400,000] 700,000 or more and in which a water authority exists, the water authority or, if so provided in an interlocal agreement to which the water authority is a party, one or more of the members of the water authority, may from time to time issue bonds and other securities, which are general or special obligations and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the taxes imposed by this chapter.

 


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ê2011 Statutes of Nevada, Page 1245 (Chapter 253, AB 545)ê

 

[400,000] 700,000 or more and in which a water authority exists, the water authority or, if so provided in an interlocal agreement to which the water authority is a party, one or more of the members of the water authority, may from time to time issue bonds and other securities, which are general or special obligations and which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the taxes imposed by this chapter.

     4.  In a county whose population is [400,000] 700,000 or more, no bonds or other securities may be issued pursuant to this section which are payable from or secured by, in whole or in part, any revenue from a tax enacted pursuant to this chapter to be collected after:

     (a) The last day of the month in which the Department determines that the total sum collected since the tax was first imposed, exclusive of any penalties and interest, exceeds $2.3 billion; or

     (b) June 30, 2025,

Ê whichever occurs earlier.

     Sec. 199.  NRS 379.0221 is hereby amended to read as follows:

     379.0221  The trustees of a county library district in any county whose population is [400,000] 700,000 or more and the governing body of any city within that county may, to establish and maintain a public library, consolidate the city into the county library district.

     Sec. 200.  NRS 379.050 is hereby amended to read as follows:

     379.050  1.  Whenever a new county library is provided for in any county whose population is [40,000] 45,000 or more, the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.

     2.  Whenever there are two or more county library districts in any county whose population is [40,000] 45,000 or more, the districts may merge into one county library district upon approval of the library trustees of the merging districts.

     3.  Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:

     (a) Merge with the county library district upon approval of the trustees of the merging library and district; or

     (b) Subject to the limitations in NRS 379.0221, consolidate with the county library district.

     4.  All expenses incurred in making a transfer or merger must be paid out of the general fund of the new library.

     Sec. 201.  NRS 380.010 is hereby amended to read as follows:

     380.010  1.  The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.

     2.  The board of county commissioners of any county whose population is less than [50,000] 55,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. The board of county commissioners of any county whose population is less than [50,000] 55,000 may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.

     3.  Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

 


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ê2011 Statutes of Nevada, Page 1246 (Chapter 253, AB 545)ê

 

     Sec. 202.  NRS 380.110 is hereby amended to read as follows:

     380.110  1.  Except as otherwise provided in subsection 5, any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to NRS 19.013, a sum established by the ordinance, not exceeding $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.

     2.  All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.

     3.  The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.

     4.  Money in the law library fund must be:

     (a) Expended for the purchase of law books, journals, periodicals and other publications.

     (b) Expended for the establishment and maintenance of the law library.

     (c) Drawn therefrom and used and applied only as provided in this chapter.

     5.  In a county whose population is [400,000] 700,000 or more, the sum established by the ordinance must be no less than $15 nor more than $30 in any case.

     Sec. 203.  NRS 386.330 is hereby amended to read as follows:

     386.330  1.  The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.

     2.  Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.

     3.  The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustee’s residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.

     4.  A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.

     5.  In any county whose population is [50,000] 55,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. The board of trustees and the county or city shall cooperate fully with each other to determine:

 


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     (a) The feasibility of televising the meetings of the board of trustees;

     (b) The costs to televise the meetings of the board of trustees for each proposed method of televising; and

     (c) The number of potential viewers of the meetings of the board of trustees for each proposed method of televising.

     Sec. 204.  NRS 387.1221 is hereby amended to read as follows:

     387.1221  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.

     2.  Any unused allocations for special education program units may be reallocated to other school districts, charter schools or university schools for profoundly gifted pupils by the Superintendent of Public Instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

     3.  A school district, a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.

     4.  A school district in a county whose population is less than [400,000,] 700,000, a charter school or a university school for profoundly gifted pupils that receives an allocation for special education program units may use not more than 15 percent of its allocation to provide early intervening services.

     Sec. 205.  NRS 387.331 is hereby amended to read as follows:

     387.331  1.  The tax on residential construction authorized by this section is a specified amount which must be the same for each:

     (a) Lot for a mobile home;

     (b) Residential dwelling unit; and

     (c) Suite in an apartment house,

Ê imposed on the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes.

     2.  The board of trustees of any school district whose population is less than [50,000] 55,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action, it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.

     3.  If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada Tax Commission. If the Commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,600.

 


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approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,600.

     4.  The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.

     5.  The money collected must be deposited with the county treasurer in the school district’s fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

     Sec. 206.  NRS 388.450 is hereby amended to read as follows:

     388.450  1.  The Legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.

     2.  Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.

     3.  The board of trustees of a school district in a county whose population is less than [400,000] 700,000 may provide early intervening services. Such services must be provided in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto.

     4.  The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive. The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the State Board.

     Sec. 207.  NRS 393.096 is hereby amended to read as follows:

     393.096  1.  The board of trustees of a school district in a county whose population is [400,000] 700,000 or more may, by a vote of not less than two-thirds of the total membership of the board of trustees, expand the duties of the oversight panel for school facilities established for the school district pursuant to NRS 393.092.

     2.  If the board of trustees votes to expand the duties of the oversight panel, the board of trustees shall:

     (a) Prepare a 3-year plan for the renovation of school facilities and a 5-year plan for the construction of school facilities within the school district for submission to the oversight panel for its review and recommendations;

     (b) Appoint the assistant superintendent of school facilities or his or her designee, if the board of trustees has employed a person to serve in that capacity, or otherwise appoint an employee of the school district who has knowledge and experience in school construction, to act as a liaison between the school district and the oversight panel;

     (c) Consider each recommendation made by the oversight panel and, if the board of trustees does not adopt a recommendation, state in writing the reason for its action and include the statement in the minutes of the board of trustees, if applicable; and

 


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     (d) In addition to the administrative support required pursuant to NRS 393.095, provide such administrative support to the oversight panel as is necessary for the oversight panel to carry out its expanded duties.

     3.  If the board of trustees votes to expand the duties of the oversight panel, the oversight panel shall:

     (a) Work cooperatively with the board of trustees of the school district to ensure that the program of school construction and renovation is responsive to the educational needs of pupils within the school district;

     (b) Review the 3-year plan for the renovation of school facilities and the 5-year plan for the construction of school facilities submitted by the board of trustees of the school district and make recommendations to the board of trustees for any necessary revisions to the plans;

     (c) On a quarterly basis, or more frequently if the oversight panel determines necessary, evaluate the program of school construction and renovation that is designed to carry out the 3-year plan and the 5-year plan and make recommendations to the board of trustees concerning the program;

     (d) Make recommendations for the management of construction and renovation of school facilities within the school district in a manner that ensures effective and efficient expenditure of public money; and

     (e) Prepare an annual report that includes a summary of the progress of the construction and renovation of school facilities within the school district and the expenditure of money from the proceeds of bonds for the construction and renovation, if such information is available to the oversight panel.

     Sec. 208.  NRS 393.110 is hereby amended to read as follows:

     393.110  1.  Each school district shall, in the design, construction and alteration of school buildings and facilities, comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

     2.  In a county whose population is [400,000] 700,000 or more:

     (a) The board of trustees of the school district shall establish a building department for the school district.

     (b) Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall regulate all matters relating to the construction, maintenance and safety of buildings, facilities, structures and property of the school district.

     (c) Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall adopt any building, electrical or safety codes as necessary to carry out the provisions of this subsection.

     (d) The board of trustees of the school district shall ensure that the building department established by the board of trustees reviews the plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

     (e) The building department established by the board of trustees shall, in accordance with subsection 4, conduct a review of plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

 


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specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

     (f) The provisions of NRS 278.585 do not apply to the school district in its regulation of buildings, facilities, structures and property of the school district.

     3.  In a county whose population is less than [400,000:] 700,000:

     (a) Except as otherwise provided in paragraph (b), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or other appropriate local building department in the county, and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.

     (b) If there is no county building department or other appropriate local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Board, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or building department pursuant to this paragraph.

     (c) A permit for construction must be issued before the school district commences construction.

     (d) The county building department or other appropriate local building department, the State Public Works Board or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or building department.

     (e) A department, agency, private certificate holder or the State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:

           (1) Review of the plans, designs or specifications as required by this subsection; or

           (2) The inspections conducted pursuant to this subsection.

     4.  In conducting reviews pursuant to this section, the State Public Works Board, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with:

     (a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;

     (b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and

     (c) All applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations.

 


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thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

     5.  No contract for any of the purposes specified in this section made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.

     6.  As used in this section, “private certificate holder” means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:

     (a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;

     (b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or

     (c) To perform the activities described in paragraphs (a) and (b).

     Sec. 209.  NRS 396.892 is hereby amended to read as follows:

     396.892  1.  Each student who receives a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall repay the loan and accrued interest pursuant to the terms of the loan unless the student:

     (a) Practices nursing in a rural area of Nevada or as an employee of the State for 6 months for each academic year for which he or she received a loan; or

     (b) Practices nursing in any other area of Nevada for 1 year for each academic year for which he or she received a loan.

     2.  The Board of Regents may adopt regulations:

     (a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and

     (b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,

Ê and such other regulations as are necessary to carry out the provisions of NRS 396.890 to 396.898, inclusive.

     3.  As used in this section, “practices nursing in a rural area” means that the person practices nursing in an area located in a county whose population is less than [45,000] 47,500 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.

     Sec. 210.  NRS 408.242 is hereby amended to read as follows:

     408.242  1.  The Department shall establish an account in the State Highway Fund to be administered by the Director. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account must be used exclusively for the construction, reconstruction, improvement and maintenance of public roads.

     2.  The account consists of:

     (a) The money transferred to the account pursuant to NRS 590.860;

     (b) All income and interest earned on the money in the account; and

 


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     (c) All other money received by the account from any source.

     3.  On July 1 and December 31 of each year, the Director shall allocate:

     (a) Seventy percent of the money in the account to a regional transportation commission in a county whose population is [400,000] 700,000 or more;

     (b) Twenty percent of the money in the account to a regional transportation commission in a county whose population is 100,000 or more but less than [400,000;] 700,000; and

     (c) Ten percent of the money in the account to the Department for use in counties that have a population of less than 100,000.

     Sec. 211.  NRS 427A.770 is hereby amended to read as follows:

     427A.770  1.  The Interagency Advisory Board on Transition Services is hereby created in the Division.

     2.  The Advisory Board consists of the following members:

     (a) The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;

     (b) The Superintendent of Public Instruction;

     (c) A representative of the Division of Child and Family Services of the Department, appointed by the Administrator of the Division of Child and Family Services;

     (d) A representative of the Division of Mental Health and Developmental Services of the Department, appointed by the Administrator of the Division of Mental Health and Developmental Services;

     (e) A member of the Committee, appointed by the Governor;

     (f) A member of the Governor’s Workforce Investment Board of the Department of Employment, Training and Rehabilitation, appointed by the Governor;

     (g) A representative of the Nevada Disability Advocacy and Law Center, or its successor organization, appointed by the Governor;

     (h) A representative of the Nevada P.E.P., Inc., or its successor organization, appointed by the Governor;

     (i) A representative of a community-based organization which provides services to persons with physical, cognitive, sensory and mental health disabilities, appointed by the Governor;

     (j) A representative of the Nevada System of Higher Education or an entity which provides postsecondary education, vocational training, supported employment services, integrated employment services or continuing and adult education, appointed by the Governor;

     (k) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is [400,000] 700,000 or more, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

     (l) A representative of a program of education, including, without limitation, a program of special or vocational education in a school district in a county whose population is 100,000 or more but less than [400,000,] 700,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

     (m) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is less than 100,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

 


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Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

     (n) A person with a disability who has transitioned from a secondary school into the workforce, postsecondary education, vocational training, supported employment, integrated employment, continuing or adult education, adult services, independent living or community participation, appointed by the Governor; and

     (o) A parent of a person with a disability who is not younger than 14 years of age or older than 25 years of age, appointed by the Governor.

     3.  Each member of the Advisory Board who is an officer or employee of the State of Nevada or a local government or agency thereof or a representative of a private entity may designate a representative to serve in his or her place on the Advisory Board or to replace the member at a meeting of the Advisory Board if the person designated has the appropriate knowledge and authority to represent the State of Nevada, local government or agency thereof or private entity, as applicable, and has been approved by the appointing authority.

     4.  Each appointing authority of a member of the Advisory Board shall:

     (a) Solicit recommendations for the appointment of members to the Advisory Board from the Committee; and

     (b) Appoint to the Advisory Board persons who represent a broad range of persons with disabilities and entities serving persons with disabilities.

     Sec. 212.  NRS 428.050 is hereby amended to read as follows:

     428.050  1.  In addition to the tax levied pursuant to NRS 428.185 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is [400,000] 700,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than [400,000] 700,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

     2.  The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada Tax Commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

     3.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.185, 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

     4.  Except as otherwise provided in this subsection, no interfund transfer, medium-term obligation procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.185, 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

 


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the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

     Sec. 213.  NRS 428.295 is hereby amended to read as follows:

     428.295  1.  For each fiscal year the board of county commissioners shall, in the preparation of its final budget, allocate money for medical assistance to indigents pursuant to this chapter.

     2.  In a county whose population is less than [400,000,] 700,000, the amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.

     3.  When, during any fiscal year, the amount of money expended by the county for any program of medical assistance for those persons eligible pursuant to this chapter exceeds the amount allocated for that purpose in its budget, the board of county commissioners shall, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.

     Sec. 214.  NRS 432B.430 is hereby amended to read as follows:

     432B.430  1.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is [400,000] 700,000 or more:

     (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, other than a hearing held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 or a hearing held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately, must be open to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be closed to the general public because such closure is in the best interests of the child who is the subject of the proceeding. In determining whether closing all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child.

     (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be closed to the general public:

           (1) The judge or master must make specific findings of fact to support such a determination; and

           (2) The general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     (c) Any proceeding held pursuant to subsections 1 to 4, inclusive, of NRS 432B.530 and any proceeding held pursuant to subsection 5 of NRS 432B.530 when the court proceeds immediately must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master must consider and give due weight to the desires of that child. If the judge or master determines pursuant to this paragraph that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.

 


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determination. Unless the judge or master determines pursuant to this paragraph that all or part of a proceeding described in this paragraph must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     2.  Except as otherwise provided in subsections 3 and 4 and NRS 432B.457, in each judicial district that includes a county whose population is less than [400,000:] 700,000:

     (a) Any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, must be closed to the general public unless the judge or master, upon his or her own motion or upon the motion of another person, determines that all or part of the proceeding must be open to the general public because opening the proceeding in such a manner is in the best interests of the child who is the subject of the proceeding. In determining whether opening all or part of the proceeding is in the best interests of the child who is the subject of the proceeding, the judge or master shall consider and give due weight to the desires of that child.

     (b) If the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the judge or master must make specific findings of fact to support such a determination.

     (c) Unless the judge or master determines pursuant to paragraph (a) that all or part of a proceeding must be open to the general public, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     3.  Except as otherwise provided in subsection 4 and NRS 432B.457, in a proceeding held pursuant to NRS 432B.470, the general public must be excluded and only those persons having a direct interest in the case, as determined by the judge or master, may be admitted to the proceeding.

     4.  In conducting a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, a judge or master shall keep information confidential to the extent necessary to obtain federal funds in the maximum amount available to this state.

     Sec. 215.  NRS 439.361 is hereby amended to read as follows:

     439.361  The provisions of NRS 439.361 to 439.368, inclusive, apply to a county whose population is [400,000] 700,000 or more.

     Sec. 216.  NRS 439.369 is hereby amended to read as follows:

     439.369  The provisions of NRS 439.369 to 439.410, inclusive, apply to a county whose population is less than [400,000.] 700,000.

     Sec. 217.  NRS 439.4797 is hereby amended to read as follows:

     439.4797  1.  The board of health or its agent shall, for the purposes of NRS 40.140, 40.770, 202.450 and 489.776, evaluate the removal or remediation by any entity certified or licensed to do so of:

     (a) Substances involving a controlled substance, immediate precursor or controlled substance analog; and

     (b) Any material, compound, mixture or preparation that contains any quantity of methamphetamine.

     2.  The State Environmental Commission shall adopt regulations:

     (a) To carry out the provisions of subsection 1;

     (b) Establishing standards pursuant to which a building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog may be deemed safe for habitation for the purposes of NRS 40.140 and 202.450; and

 


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substance, immediate precursor or controlled substance analog may be deemed safe for habitation for the purposes of NRS 40.140 and 202.450; and

     (c) Establishing standards pursuant to which any property that is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation that contains any quantity of methamphetamine may be deemed safe for habitation for the purposes of NRS 40.770 and 489.776.

     3.  As used in this section:

     (a) “Board of health” means:

           (1) In a county whose population is [400,000] 700,000 or more, the district board of health; or

           (2) In a county whose population is less than [400,000,] 700,000, the State Board of Health.

     (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

     (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

     Sec. 218.  NRS 439.513 is hereby amended to read as follows:

     439.513  1.  The Coordinator of the Statewide Program for Suicide Prevention shall employ a person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada.

     2.  The trainer for suicide prevention:

     (a) Must have at least the following education and experience:

           (1) Three years or more of experience in providing education and training relating to suicide prevention to diverse community groups; or

           (2) A bachelor’s degree, master’s degree or doctoral degree in social work, public health, psychology, sociology, counseling or a closely related field and 2 years or more of experience in providing education and training relating to suicide prevention.

     (b) Should have as many of the following characteristics as possible:

           (1) Significant knowledge and experience relating to suicide and suicide prevention;

           (2) Knowledge of methods of facilitation, networking and community-based suicide prevention programs;

           (3) Experience in working with diverse community groups and constituents; and

           (4) Experience in providing suicide awareness information and suicide prevention training.

     3.  The trainer for suicide prevention must be based in a county whose population is [400,000] 700,000 or more.

     4.  The trainer for suicide prevention shall:

     (a) Assist the Coordinator of the Statewide Program for Suicide Prevention in disseminating and carrying out the Statewide Program in the county in which the trainer for suicide prevention is based;

     (b) Provide information and training relating to suicide prevention to emergency medical personnel, providers of health care, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies and other similar community organizations in the county in which the trainer for suicide prevention is based;

     (c) Assist the Coordinator of the Statewide Program for Suicide Prevention in developing and carrying out public awareness and media campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;

 


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campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;

     (d) Assist in developing a network of community-based programs for suicide prevention in the county in which the trainer for suicide prevention is based, including, without limitation, establishing one or more local advisory groups for suicide prevention; and

     (e) Facilitate the sharing of information and the building of consensuses among multiple constituent groups in the county in which the trainer for suicide prevention is based, including, without limitation, public agencies, community organizations, advocacy groups for suicide prevention, mental health providers and representatives of the various groups that are at risk for suicide.

     Sec. 219.  NRS 439B.420 is hereby amended to read as follows:

     439B.420  1.  A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his or her medical practice to be referred to the hospital or related entity.

     2.  The rent required of a physician or entity which employs physicians by a hospital or related entity must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.

     3.  A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.

     4.  A health facility shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

     5.  The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than [50,000.] 55,000.

     6.  A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, shall not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

     7.  A hospital or related entity shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

     8.  A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

     9.  Except as otherwise provided in this subsection, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the referring party first discloses the interest to the patient. This subsection does not apply to practitioners subject to the provisions of NRS 439B.425.

 


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     10.  The Director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except pursuant to the provisions of NRS 239.0115 and in cases in which an action is brought pursuant to subsection 11.

     11.  A person who willfully violates any provision of this section is liable to the State of Nevada for:

     (a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

     (b) Any reasonable expenses incurred by the State in enforcing this section.

Ê Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the State General Fund and used for projects intended to benefit the residents of this State with regard to health care. Money in the account may only be withdrawn by act of the Legislature.

     12.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

     Sec. 220.  NRS 444A.040 is hereby amended to read as follows:

     444A.040  1.  The board of county commissioners in a county whose population is 100,000 or more, or its designee, shall make available for use in that county a program for:

     (a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

     (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

     (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

     (d) The encouragement of businesses to reduce solid waste and to separate at the source recyclable material from other solid waste. This program must, without limitation, make information regarding solid waste reduction and recycling opportunities available to a business at the time the business applies for or renews a business license.

     2.  The board of county commissioners of a county whose population is [40,000] 45,000 or more but less than 100,000, or its designee:

     (a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

     (b) Shall make available for use in that county a program for:

           (1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).

 


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           (2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

     3.  The board of county commissioners of a county whose population is less than [40,000,] 45,000, or its designee, may make available for use in that county a program for:

     (a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

     (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

     (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

     4.  Any program made available pursuant to this section:

     (a) Must not:

           (1) Conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020; and

           (2) Become effective until approved by the Department.

     (b) May be based on the model plans adopted pursuant to NRS 444A.030.

     5.  The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.

     6.  Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.

     7.  Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.

     Sec. 221.  NRS 444A.120 is hereby amended to read as follows:

     444A.120  1.  The board of county commissioners in a county whose population is [400,000] 700,000 or more shall, in conjunction with each licensed hauler of garbage and refuse operating in the county, establish a pilot program for collecting and separating recyclable material that has the potential to be used as a source of renewable energy or converted into renewable fuel.

     2.  The pilot program must include, without limitation:

     (a) An exploration of technologies and processes that are able to use recyclable material as a source of renewable energy or convert recyclable material into renewable fuel.

     (b) The creation and maintenance of adequate records to allow an assessment of the feasibility of establishing a statewide recycling standard.

 


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     3.  The pilot program must not conflict with the standards relating to recyclable material adopted by the State Environmental Commission pursuant to NRS 444A.020.

     4.  As used in this section:

     (a) “Licensed hauler of garbage and refuse” means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable material.

     (b) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

     Sec. 222.  NRS 445A.050 is hereby amended to read as follows:

     445A.050  The provisions of NRS 445A.025 to 445A.050, inclusive, do not apply to:

     1.  A public water system that serves a population of 100,000 or more in a county whose population is [400,000] 700,000 or more.

     2.  A water authority, as defined pursuant to NRS 377B.040, and any political subdivision that receives all or a part of its water supply from such a water authority in a county whose population is [400,000] 700,000 or more.

     3.  Purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.

     4.  A supplier of water who supplies water to less than 500 users.

     Sec. 223.  NRS 445A.055 is hereby amended to read as follows:

     445A.055  1.  The State Board of Health shall adopt regulations requiring the fluoridation of all water delivered for human consumption in a county whose population is [400,000] 700,000 or more by a:

     (a) Public water system that serves a population of 100,000 or more; or

     (b) Water authority.

     2.  The regulations must include, without limitation:

     (a) The minimum and maximum permissible concentrations of fluoride to be maintained by such a public water system or a water authority, except that:

           (1) The minimum permissible concentration of fluoride must not be less than 0.7 parts per million; and

           (2) The maximum permissible concentration of fluoride must not exceed 1.2 parts per million;

     (b) The requirements and procedures for maintaining proper concentrations of fluoride, including any necessary equipment, testing, recordkeeping and reporting;

     (c) Requirements for the addition of fluoride to the water if the natural concentration of fluorides is lower than the minimum permissible concentration established pursuant to paragraph (a); and

     (d) Criteria pursuant to which the State Board of Health may exempt a public water system or water authority from the requirement of fluoridation upon the request of the public water system or water authority.

     3.  The State Board of Health shall not require the fluoridation of:

     (a) The wells of a public water system or water authority if:

           (1) The groundwater production of the public water system or water authority is less than 15 percent of the total average annual water production of the system or authority for the years in which drought conditions are not prevalent; and

 


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           (2) The wells are part of a combined regional and local system for the distribution of water that is served by a fluoridated source.

     (b) A public water system or water authority:

           (1) During an emergency or period of routine maintenance, if the wells of the system or authority are exempt from fluoridation pursuant to paragraph (a) and the supplier of water determines that it is necessary to change the production of the system or authority from surface water to groundwater because of an emergency or for purposes of routine maintenance; or

           (2) If the natural water supply of the system or authority contains fluoride in a concentration that is at least equal to the minimum permissible concentration established pursuant to paragraph (a) of subsection 2.

     4.  The State Board of Health may make an exception to the minimum permissible concentration of fluoride to be maintained in a public water system or water authority based on:

     (a) The climate of the regulated area;

     (b) The amount of processed water purchased by the residents of the regulated area; and

     (c) Any other factor that influences the amount of public water that is consumed by the residents of the regulated area.

     5.  The Health Division of the Department of Health and Human Services shall make reasonable efforts to secure any available sources of financial support, including, without limitation, grants from the Federal Government, for the enforcement of the standards established pursuant to this section and any related capital improvements.

     6.  A public water system or water authority may submit to the Health Division a claim for payment of the initial costs of the public water system or water authority to begin complying with the provisions of this section regardless of whether the public water system or water authority is required to comply with those provisions. The Administrator of the Health Division may approve such claims to the extent of legislative appropriations and any other money available for that purpose. Approved claims must be paid as other claims against the State are paid. The ongoing operational expenses of a public water system or water authority in complying with the provisions of this section are not compensable pursuant to this subsection.

     7.  As used in this section:

     (a) “Supplier of water” has the meaning ascribed to it in NRS 445A.845.

     (b) “Water authority” has the meaning ascribed to it in NRS 377B.040.

     Sec. 224.  NRS 445A.500 is hereby amended to read as follows:

     445A.500  1.  Each permit issued by the Department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:

     (a) Effluent limitations;

     (b) Standards of performance for new sources;

     (c) Standards for pretreatment;

     (d) Standards for injections of fluids through a well; and

     (e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the Department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive.

 


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     2.  Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.

     3.  If an application is made to discharge from a point source into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [50,000] 55,000 or more, the Department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

     Sec. 225.  NRS 445A.590 is hereby amended to read as follows:

     445A.590  1.  The Department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.

     2.  Notification must be in the manner provided in the regulations adopted by the Commission pursuant to applicable federal law.

     3.  If the treatment works are to discharge into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [50,000] 55,000 or more, the Department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

     Sec. 226.  NRS 445B.500 is hereby amended to read as follows:

     445B.500  1.  Except as otherwise provided in this section and in NRS 445B.310:

     (a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

     (b) The program:

           (1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation;

           (2) May, in a county whose population is [400,000] 700,000 or more, include requirements for the creation, receipt and exchange for consideration of credits to reduce and control air contaminants in accordance with NRS 445B.508; and

           (3) Must provide for adequate administration, enforcement, financing and staff.

     (c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the Federal Act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the Federal Act.

     (d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.470, inclusive, 445B.560, 445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

 


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445B.640 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

     2.  The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445B.610.

     3.  In a county whose population is [400,000] 700,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred and must be accounted for separately in the fund. A school district may spend the money received pursuant to this section only in accordance with an annual spending plan that is approved by the local air pollution control board and shall submit an annual report to that board detailing the expenditures of the school district under the plan. A local air pollution control board shall approve an annual spending plan if the proposed expenditures set forth in the plan are reasonable and limited to:

     (a) Programs of education on topics relating to air quality; and

     (b) Projects to improve air quality, including, without limitation, the purchase and installation of equipment to retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissions produced by the use of traditional fuels such as gasoline and diesel fuel,

Ê which are consistent with the state implementation plan adopted by this State pursuant to 42 U.S.C. §§ 7410 and 7502.

     4.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the State, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the Commission.

     5.  No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

     6.  As used in this section, “plants which generate electricity by using steam produced by the burning of fossil fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

 


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does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

     Sec. 227.  NRS 445B.503 is hereby amended to read as follows:

     445B.503  1.  In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose population is [400,000] 700,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in the county in which it is located to:

     (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

     (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

     2.  Before adopting or amending a plan, policy or program, a local air pollution control board shall:

     (a) Consult with the regional planning coalition and the regional transportation commission; and

     (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

           (1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional transportation commission; and

           (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

     3.  As used in this section:

     (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

     (b) “Regional planning coalition” has the meaning ascribed to it in NRS 278.0172.

     (c) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter 277A of NRS.

     Sec. 228.  NRS 445B.508 is hereby amended to read as follows:

     445B.508  1.  In a county whose population is [400,000] 700,000 or more, a district board of health or board of county commissioners may, as a part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.

     2.  If a district board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:

     (a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;

     (b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and

     (c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.

 


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     3.  If a county operates a program for the control of air pollution that allows a person operating or responsible for the existence of a source to earn credits for maintaining or reducing the level of air contaminant emitted from the source, the program:

     (a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and

     (b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.

     4.  A credit earned pursuant to this section does not constitute an interest in property.

     5.  As used in this section:

     (a) “Credit” means an administratively created asset that may:

           (1) Entitle a person operating or responsible for the existence of a source to allow the source to emit a certain level of air contaminant above a baseline that is determined by the board;

           (2) Be used to comply with the requirements of a permit; and

           (3) Be traded or sold to another person.

     (b) “Surplus” means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.

     Sec. 229.  NRS 450.070 is hereby amended to read as follows:

     450.070  1.  Except in counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees for the public hospital consists of five trustees, who must:

     (a) Be residents of the county or counties concerned.

     (b) Be elected as provided in subsection 2.

     2.  In any county:

     (a) Whose population is less than 100,000, hospital trustees must be elected for terms of 4 years in the same manner as other county officers are elected.

     (b) Whose population is 100,000 or more but less than [400,000,] 700,000, hospital trustees must be elected from the county at large for terms of 4 years.

     Sec. 230.  NRS 450.090 is hereby amended to read as follows:

     450.090  1.  In any county whose population is [400,000] 700,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees, and the county commissioners shall serve as hospital trustees during their terms of office as county commissioners.

     2.  In any county whose population is less than [400,000,] 700,000, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees. If such an ordinance is enacted in a county:

     (a) The county commissioners shall serve as hospital trustees during their terms of office as county commissioners; and

     (b) If hospital trustees have been elected pursuant to NRS 450.070 and 450.080, the term of office of each hospital trustee who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

     3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

 


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     (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

     (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

     (c) During the previous calendar year:

           (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

           (2) The hospital failed to fulfill its statutory financial obligations, such as the payment of taxes, premiums for industrial insurance or contributions to the Public Employees’ Retirement System;

           (3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or

           (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or licensure of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

     4.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is 100,000 or more but less than [400,000,] 700,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chair of the board of county commissioners shall serve as voting members of the board of hospital trustees during their terms of office as county commissioners.

     5.  Except in counties where the board of county commissioners is the board of hospital trustees, in any county whose population is less than 100,000, the board of hospital trustees for the public hospital must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that:

     (a) One county commissioner selected by the chair of the board of county commissioners shall serve as a voting member of the board of hospital trustees during his or her term of office as county commissioner;

     (b) A physician who is the chief of the staff of physicians for the public hospital shall serve as a voting member of the board of hospital trustees; or

     (c) Both a county commissioner appointed pursuant to the provisions of paragraph (a) and a physician appointed pursuant to the provisions of paragraph (b) shall serve as voting members of the board of hospital trustees.

Ê The term of office of a member appointed pursuant to the provisions of paragraph (b) is 2 years and begins on the date the board of county commissioners appoints the member.

     Sec. 231.  NRS 450.751 is hereby amended to read as follows:

     450.751  In a county whose population is less than [400,000:] 700,000:

     1.  Except as otherwise provided in subsection 2, if a majority of the members of the board of county commissioners determine that it is in the best interests of the county and of the hospital district that the hospital district be dissolved, the board of county commissioners shall so determine by ordinance, after there is first found, determined and recited in the ordinance that:

     (a) All outstanding indebtedness and bonds of all kinds of the hospital district have been paid; and

 


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     (b) The services of the hospital district are no longer needed or can be more effectively performed by an existing unit of government.

     2.  If the hospital district includes territory within more than one county, the hospital district may be dissolved only if a majority of the members of the board of county commissioners of each county included within the district take the actions described in subsection 1.

     3.  In determining pursuant to subsection 1 whether the dissolution of a hospital district is in the best interests of the county and of the hospital district, a board of county commissioners must consider, without limitation, whether:

     (a) The hospital district is capable of providing sufficient health care services to the residents of the county or counties within the territory of the hospital district in an economical manner;

     (b) The basic health care needs of the residents of the county or counties within the territory of the hospital district will be met if the hospital district is dissolved;

     (c) There have been substantial changes in the financial status of the hospital district during the immediately preceding 2 years; and

     (d) There has been an increased tax burden on the residents of the county or counties within the territory of the hospital district during the immediately preceding 2 years.

     4.  The county clerk of each county within which any territory of the hospital district is located shall thereupon certify a copy of the ordinance to the board of trustees of the hospital district and shall mail written notice to all qualified electors who reside within the hospital district in his or her county, containing:

     (a) The adoption of the ordinance;

     (b) The determination of the board of county commissioners of that county that the district should be dissolved; and

     (c) The time and place for the hearing on the dissolution.

     Sec. 232.  NRS 450.759 is hereby amended to read as follows:

     450.759  In a county whose population is less than [400,000:] 700,000:

     1.  All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved hospital district are valid and remain a lien against the property against which they are assessed or levied until paid, subject to the limitations of liens provided by general law. Taxes and special assessments paid after the dissolution of a hospital district must be placed in the general fund of the county in which the district hospital was located.

     2.  The board of county commissioners of the county in which the district hospital was located has the same power to enforce the collection of all special assessments and outstanding tax sales of the hospital district as the hospital district had if it had not been dissolved.

     Sec. 233.  NRS 450.760 is hereby amended to read as follows:

     450.760  In a county whose population is less than [400,000:] 700,000:

     1.  Before dissolving a hospital district pursuant to NRS 450.751 to 450.760, inclusive, the board of county commissioners of the county in which the district hospital is located shall determine whether the proceeds from the taxes currently being levied in the hospital district, if any, for the operation of the hospital and the repayment of debt are sufficient to repay any outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district. If there are no taxes currently being levied for the hospital district or the taxes being levied are not sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district, before dissolving the hospital district pursuant to NRS 450.751 to 450.760, inclusive:

 


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sufficient to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district, before dissolving the hospital district pursuant to NRS 450.751 to 450.760, inclusive:

     (a) If the hospital district does not include territory within more than one county, the board of county commissioners may levy a property tax on all of the taxable property in the hospital district that is sufficient, when combined with any revenue from taxes currently being levied in the hospital district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district; or

     (b) If the hospital district includes territory within more than one county, the board of county commissioners of each county within which any territory of the hospital district is located may levy a property tax on all of the taxable property in the county that is within the hospital district that is sufficient, when combined with any revenue from taxes currently being levied in the hospital district, to repay the outstanding obligations of the hospital district within a reasonable period after the dissolution of the hospital district.

     2.  The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to any additional property tax levied pursuant to subsection 1. If the hospital district is being managed by the Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the rate levied pursuant to subsection 1 must not be included in the total ad valorem tax levy for the purposes of the application of the limitation in NRS 361.453, but the rate levied when combined with all other overlapping rates levied in the State must not exceed $4.50 on each $100 of assessed valuation. A board of county commissioners shall discontinue any rate levied pursuant to subsection 1 on a date that will ensure that no taxes are collected for this purpose after the outstanding obligations of the hospital district have been paid in full.

     3.  If, at the time of the dissolution of the hospital district pursuant to NRS 450.751 to 450.760, inclusive, there are any outstanding loans, bonded indebtedness or other obligations of the hospital district, including, without limitation, unpaid obligations to organizations such as the Public Employees’ Retirement System, unpaid salaries or unpaid loans made to the hospital district by the county, the taxes being levied in the hospital district at the time of dissolution must continue to be levied and collected in the same manner as if the hospital district had not been dissolved until all outstanding obligations of the hospital district have been paid in full, but for all other purposes, the hospital district shall be considered dissolved from the date on which each board of county commissioners of each county included within the hospital district has adopted a final ordinance of dissolution pursuant to NRS 450.753 or 450.755.

     4.  If the hospital district is being managed by the Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of dissolution, the management ceases upon dissolution, but the board of county commissioners of the county in which the district hospital was located shall continue to make such financial reports to the Department of Taxation as the Department deems necessary until all outstanding obligations of the hospital district have been paid in full.

 


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     5.  The property of the dissolved hospital district may be retained by the board of county commissioners of the county in which the district hospital was located for use as a hospital or disposed of in any manner the board deems appropriate.

     6.  Any proceeds of the sale or other transfer of the property of the dissolved hospital district and any proceeds from taxes which had been levied and received by the hospital district before dissolution, whether levied for operating purposes or for the repayment of debt, must be used by the board of county commissioners of the county in which the district hospital was located to repay any indebtedness of the hospital district.

     Sec. 234.  NRS 450B.060 is hereby amended to read as follows:

     450B.060  “Board” means:

     1.  In a county whose population is less than [400,000,] 700,000, the State Board of Health.

     2.  In a county whose population is [400,000] 700,000 or more, the district board of health.

     Sec. 235.  NRS 450B.077 is hereby amended to read as follows:

     450B.077  “Health authority” means:

     1.  In a county whose population is less than [400,000,] 700,000, the Health Division.

     2.  In a county whose population is [400,000] 700,000 or more, the district board of health.

     Sec. 236.  NRS 450B.082 is hereby amended to read as follows:

     450B.082  “Health officer” means:

     1.  In a county whose population is less than [400,000,] 700,000, the State Health Officer.

     2.  In a county whose population is [400,000] 700,000 or more, the district health officer.

     Sec. 237.  NRS 450B.160 is hereby amended to read as follows:

     450B.160  1.  The health authority may issue licenses to attendants and to firefighters employed by or serving as volunteers with a fire-fighting agency.

     2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

     3.  An applicant for a license must file with the health authority:

     (a) A current, valid certificate evidencing the applicant’s successful completion of a program or course for training in emergency medical technology, if the applicant is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

     (b) A current valid certificate evidencing the applicant’s successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if the applicant is applying for a license as a firefighter with a fire-fighting agency.

     (c) A signed statement showing:

           (1) The name and address of the applicant;

           (2) The name and address of the employer of the applicant; and

           (3) A description of the applicant’s duties.

     (d) Such other certificates for training and such other items as the board may specify.

     4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

 


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     5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

     6.  Licensed physicians, registered nurses and licensed physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the State Board of Nursing. A licensed physician assistant who performs advanced emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the Board of Medical Examiners.

     7.  Each licensed physician, registered nurse and licensed physician assistant who serves as an attendant must have current certification of completion of training in:

     (a) Advanced life-support procedures for patients who require cardiac care;

     (b) Life-support procedures for pediatric patients who require cardiac care; or

     (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

Ê The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.

     8.  The Board of Medical Examiners and the State Board of Nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, licensed physician assistant or registered nurse attends:

     (a) A course offered by a national organization which is nationally recognized for issuing such certification;

     (b) Training conducted by the operator of an ambulance or air ambulance; or

     (c) Any other course or training,

Ê approved by the Board of Medical Examiners or the State Board of Nursing, whichever is issuing the certification. The Board of Medical Examiners and the State Board of Nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, licensed physician assistant or registered nurse who primarily serves as an attendant in a county whose population is [400,000] 700,000 or more.

     Sec. 238.  NRS 450B.1975 is hereby amended to read as follows:

     450B.1975  1.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement to administer immunizations, dispense medication and prepare and respond to certain public health needs issued in accordance with the regulations adopted pursuant to this section may:

     (a) Administer immunizations and dispense medications;

     (b) Participate in activities designed to prepare the community to meet anticipated health needs, including, without limitation, participation in public vaccination clinics; and

     (c) Respond to an actual epidemic or other emergency in the community,

Ê under the direct supervision of the local health officer, or a designee of the local health officer, of the jurisdiction in which the immunization is administered or the medication is dispensed or in which the emergency or need exists.

 


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     2.  The district board of health, in a county whose population is [400,000] 700,000 or more, may adopt regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians pursuant to this section. The regulations must:

     (a) Prescribe the minimum training required to obtain such an endorsement;

     (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

     (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5; and

     (d) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

     3.  The State Board of Health shall, for counties whose population is less than [400,000,] 700,000, adopt regulations for the endorsement of intermediate emergency medical technicians and advanced emergency medical technicians pursuant to this section. The regulations must:

     (a) Prescribe the minimum training required to obtain such an endorsement;

     (b) Prescribe the continuing education requirements or other evidence of continued competency for renewal of the endorsement;

     (c) Prescribe the fee for the issuance and renewal of the endorsement, which must not exceed $5;

     (d) To the extent practicable, authorize local health officers to provide the training and continuing education required to obtain and renew an endorsement; and

     (e) Not require licensure as an attendant as a condition of eligibility for an endorsement pursuant to this section.

     4.  As used in this section:

     (a) “Emergency” means an occurrence or threatened occurrence for which, in the determination of the Governor, the assistance of state agencies is needed to supplement the efforts and capabilities of political subdivisions to save lives, protect property and protect the health and safety of persons in this State, or to avert the threat of damage to property or injury to or the death of persons in this State.

     (b) “Local health officer” means a city health officer appointed pursuant to NRS 439.430, county health officer appointed pursuant to NRS 439.290 or district health officer appointed pursuant to NRS 439.368 or 439.400.

     Sec. 239.  NRS 450B.1985 is hereby amended to read as follows:

     450B.1985  1.  Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons while transporting those persons to a medical facility.

     2.  Except as otherwise provided in subsection 9 of NRS 450B.200, the district board of health in a county whose population is [400,000] 700,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.

     Sec. 240.  NRS 450B.200 is hereby amended to read as follows:

     450B.200  1.  The health authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.

 


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     2.  Each permit must be evidenced by a card issued to the holder of the permit.

     3.  No permit may be issued unless the applicant is qualified pursuant to the regulations of the board.

     4.  An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:

     (a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;

     (b) The name under which the applicant is doing business or proposes to do business, if applicable;

     (c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance, air ambulance or vehicle;

     (d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and

     (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

     5.  The board shall establish a reasonable fee for annual permits.

     6.  All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.

     7.  The health authority shall:

     (a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or

     (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,

Ê only after the holder of a permit is afforded an opportunity for a public hearing pursuant to regulations adopted by the board.

     8.  The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.

     9.  The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

     10.  A permit issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the district board of health in a county whose population is [400,000] 700,000 or more is not required to obtain a permit from the Health Division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.

     11.  The Health Division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the Health Division or a district board of health.

 


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     12.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

     Sec. 241.  NRS 450B.237 is hereby amended to read as follows:

     450B.237  1.  The board shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

     2.  The State Board of Health shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The State Board of Health shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations. The Administrator of the Health Division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards established pursuant to this subsection.

     3.  Each district board of health in a county whose population is [400,000] 700,000 or more shall adopt regulations which establish the standards for the designation of hospitals in the county as centers for the treatment of trauma which are consistent with the regulations adopted by the State Board of Health pursuant to subsection 2. A district board of health shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards established pursuant to this subsection.

     4.  A proposal to designate a hospital located in a county whose population is [400,000] 700,000 or more as a center for the treatment of trauma:

     (a) Must be approved by the Administrator of the Health Division and by the district board of health of the county in which the hospital is located; and

     (b) May not be approved unless the district board of health of the county in which the hospital is located has established and adopted a comprehensive trauma system plan concerning the treatment of trauma in the county, which includes, without limitation, consideration of the future trauma needs of the county, consideration of and plans for the development and designation of new centers for the treatment of trauma in the county based on the demographics of the county and the manner in which the county may most effectively provide trauma services to persons in the county.

     5.  Upon approval by the Administrator of the Health Division and, if the hospital is located in a county whose population is [400,000] 700,000 or more, the district board of health of the county in which the hospital is located, of a proposal to designate a hospital as a center for the treatment of trauma, the Administrator of the Health Division shall issue written approval which designates the hospital as such a center. As a condition of continuing designation the hospital must comply with the following requirements:

     (a) The hospital must admit any injured person who requires medical care.

     (b) Any physician who provides treatment for trauma must be qualified to provide that treatment.

     (c) The hospital must maintain the standards specified in the regulations adopted pursuant to subsections 2 and 3.

 


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     Sec. 242.  NRS 450B.265 is hereby amended to read as follows:

     450B.265  1.  Except as otherwise provided in subsection 2, a fire-fighting agency or an owner, operator, director or chief officer of an ambulance shall not represent, advertise or imply that it:

     (a) Is authorized to provide advanced emergency care; or

     (b) Uses the services of an advanced emergency medical technician,

Ê unless the service has a currently valid permit to provide advanced emergency care issued by the health authority.

     2.  Any service in a county whose population is less than [400,000,] 700,000, that holds a valid permit for the operation of an ambulance but is not authorized by the health authority to provide advanced emergency care may represent, for billing purposes, that its ambulance provided advanced emergency care if:

     (a) A registered nurse employed by a hospital rendered advanced emergency care to a patient being transferred from the hospital by the ambulance; and

     (b) The equipment deemed necessary by the health authority for the provision of advanced emergency care was on board the ambulance at the time the registered nurse rendered advanced emergency care.

     3.  A hospital that employs a registered nurse who renders the care described in subsection 2 is entitled to reasonable reimbursement for the services rendered by the nurse.

     Sec. 243.  NRS 450B.600 is hereby amended to read as follows:

     450B.600  1.  Not later than July 1, 2004, and thereafter:

     (a) The board of trustees of a school district in a county whose population is 100,000 or more shall ensure that at least one automated external defibrillator is placed in a central location at each high school within the district.

     (b) The Reno-Tahoe Airport Authority shall ensure that at least three automated external defibrillators are placed in central locations at the largest airport within the county.

     (c) The board of county commissioners of each county whose population is [400,000] 700,000 or more shall ensure that at least seven automated external defibrillators are placed in central locations at the largest airport within the county.

     (d) The Board of Regents of the University of Nevada shall ensure that at least two automated external defibrillators are placed in central locations at each of:

           (1) The largest indoor sporting arena or events center controlled by the University in a county whose population is 100,000 or more but less than [400,000;] 700,000; and

           (2) The largest indoor sporting arena or events center controlled by the University in a county whose population is [400,000] 700,000 or more.

     (e) The Health Division shall ensure that at least one automated external defibrillator is placed in a central location at each of the following state buildings:

           (1) The Capitol Building in Carson City;

           (2) The Legislative Building in Carson City; and

           (3) The Grant Sawyer Building in Las Vegas.

     (f) The board of county commissioners of each county whose population is 100,000 or more shall:

 


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           (1) Identify five county buildings or offices in each of their respective counties which are characterized by large amounts of pedestrian traffic or which house one or more county agencies that provide services to large numbers of persons; and

           (2) Ensure that at least one automated external defibrillator is placed in a central location at each county building or office identified pursuant to subparagraph (1).

     2.  Each governmental entity that is required to ensure the placement of one or more automated external defibrillators pursuant to subsection 1:

     (a) May accept gifts, grants and donations for use in obtaining, inspecting and maintaining the defibrillators;

     (b) Shall ensure that those defibrillators are inspected and maintained on a regular basis; and

     (c) Shall encourage the entity where the automated external defibrillator is placed to require any employee who will use the automated external defibrillator to successfully complete the training requirements of a course in basic emergency care of a person in cardiac arrest that includes training in the operation and use of an automated external defibrillator and is conducted in accordance with the standards of the American Heart Association, the American National Red Cross or any similar organization.

     Sec. 244.  NRS 450B.795 is hereby amended to read as follows:

     450B.795  1.  The State Board of Health shall collect data, in accordance with the system that is developed by the Board pursuant to subsection 5, concerning the waiting times for the provision of emergency services and care to each person who is in need of such services and care and who is transported to a hospital by a provider of emergency medical services.

     2.  Each hospital and each provider of emergency medical services in a county whose population is [400,000] 700,000 or more shall participate in the collection of data pursuant to this section by collecting data, in accordance with the system that is developed by the State Board of Health pursuant to subsection 5, concerning the waiting times for the provision of emergency services and care to each person who is in need of such services and care and who is transported to a hospital by a provider of emergency medical services.

     3.  Except as otherwise provided in subsection 4, the hospitals and the providers of emergency medical services in a county whose population is less than [400,000] 700,000 are not required to participate in the collection of data pursuant to this section unless the county health officer, each hospital and each provider of emergency medical services in the county agree in writing that the county will participate in the collection of data. The county health officer shall submit the written agreement to the State Board of Health.

     4.  If the State Board of Health determines, in a county whose population is 100,000 or more but less than [400,000,] 700,000, that there are excessive waiting times at one or more hospitals in the county for the provision of emergency services and care to persons who are in need of such services and care and who have been transported to the hospital by a provider of emergency medical services, the State Board of Health may require the county to implement a system of collecting data pursuant to subsection 5 concerning the extent of waiting times and the circumstances surrounding such waiting times.

 


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     5.  For the purpose of collecting data pursuant to this section, the State Board of Health shall develop a system of collecting data concerning the waiting times of persons for the provision of emergency services and care at a hospital and the surrounding circumstances for such waiting times each time a person is transported to a hospital by a provider of emergency medical services. The system must include, without limitation, an electronic method of recording and collecting the following information:

     (a) The time at which a person arrives at the hospital, which is the time that the person is presented to the emergency room of the hospital;

     (b) The time at which the person is transferred to an appropriate place in the hospital to receive emergency services and care, which is the time that the person is physically present in the appropriate place and the staff of the emergency room of the hospital have received a report concerning the transfer of the person;

     (c) If a person is not transferred to an appropriate place in the hospital to receive emergency services and care within 30 minutes after arriving at the hospital, information detailing the reason for such delay, which may be selected from a predetermined list of possible reasons that are available for selection in the electronic system;

     (d) A unique identifier that is assigned to each transfer of a person to a hospital by a provider of emergency medical services which allows the transfer to be identified and reviewed; and

     (e) The names of the personnel of the provider of emergency medical services who transported the person to the hospital and of the personnel of the hospital who are responsible for the care of the person after the person arrives at the hospital.

     6.  The State Board of Health shall ensure that:

     (a) The data collected pursuant to subsection 5 is reported to the Health Division on a quarterly basis;

     (b) The data collected pursuant to subsection 5 is available to any person or entity participating in the collection of data pursuant to this section; and

     (c) The system of collecting data developed pursuant to subsection 5 and all other aspects of the collection comply with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

     7.  The State Board of Health shall appoint for each county in which hospitals and providers of emergency medical services are participating in the collection of data pursuant to this section an advisory committee consisting of the health officer of the county, a representative of each hospital in the county and a representative of each provider of emergency medical services in the county. Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses for the member’s service on the advisory committee. Each advisory committee shall:

     (a) Meet not less than once each calendar quarter;

     (b) Review the data that is collected for the county and submitted to the State Board of Health concerning the waiting times for the provision of emergency services and care, the manner in which such data was collected and any circumstances surrounding such waiting times;

     (c) Review each incident in which a person was transferred to an appropriate place in a hospital to receive emergency services and care more than 30 minutes after arriving at the hospital; and

     (d) Submit a report of its findings to the State Board of Health.

 


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     8.  The State Board of Health may delegate its duties set forth in this section to:

     (a) The district board of health in a county whose population is [400,000] 700,000 or more.

     (b) The county or district board of health in a county whose population is less than [400,000.] 700,000.

     9.  The State Board of Health or any county or district board of health that is performing the duties of the State Board of Health pursuant to subsection 8 shall submit a quarterly report to the Legislative Committee on Health Care, which must include a written compilation of the data collected pursuant to this section.

     10.  The State Board of Health may require each hospital and provider of emergency medical services located in a county that participates in the collection of data pursuant to this section to share in the expense of purchasing hardware, software, equipment and other resources necessary to carry out the collection of data pursuant to this section.

     11.  The State Board of Health shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing the duties and responsibilities of each:

     (a) County or district board of health that is performing the duties of the State Board of Health pursuant to subsection 8;

     (b) Hospital located in a county that participates in the collection of data pursuant to this section; and

     (c) Provider of emergency medical services located in a county whose population is less than [400,000] 700,000 that participates in the collection of data pursuant to this section.

     12.  The district board of health in each county whose population is [400,000] 700,000 or more shall adopt regulations consistent with subsection 11 for providers of emergency medical services located in the county to carry out the provisions of this section.

     13.  The State Board of Health may, in consultation with each hospital and provider of emergency medical services located in a county that participates in the collection of data pursuant to this section, submit a written request to the Director of the Legislative Counsel Bureau for transmission to a regular session of the Legislature for the repeal of this section. Such a written request must include the justifications and reasons for requesting the termination of the collection of data pursuant to this section.

     14.  As used in this section:

     (a) “Emergency services and care” has the meaning ascribed to it in NRS 439B.410.

     (b) “Hospital” has the meaning ascribed to it in NRS 449.012.

     (c) “Provider of emergency medical services” means each operator of an ambulance and each fire-fighting agency which has a permit to operate pursuant to this chapter and which provides transportation for persons in need of emergency services and care to hospitals.

     Sec. 245.  NRS 451.067 is hereby amended to read as follows:

     451.067  1.  The board of county commissioners of a county whose population is less than [50,000] 55,000 may adopt an ordinance allowing one or more natural persons to designate as a family cemetery an area of land owned by any of those persons for the interment in that area without charge of any member of the family of any of them or any other person.

 


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     2.  Before the first interment in a family cemetery designated in accordance with an ordinance adopted pursuant to subsection 1, a member of the family or a representative of the family shall notify the Health Division of the Department of Health and Human Services of the designation of the family cemetery and its specific location on the land owned by the family.

     Sec. 246.  NRS 455.125 is hereby amended to read as follows:

     455.125  If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

     1.  For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

     (a) Identification of the location of the connection of the sewer service lateral to the sewer main;

     (b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

     (c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

     2.  The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

     3.  A government, governmental agency or political subdivision of a government that operates a sewer main:

     (a) Except as otherwise provided in subsection 4, in a county with a population of [40,000] 45,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.

     (b) In a county with a population of less than [40,000] 45,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this paragraph are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

     4.  A government, governmental agency or political subdivision that operates a sewer main in a county with a population of [40,000] 45,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:

     (a) The sewer system of the operator services not more than 260 accounts; and

     (b) There is no natural gas pipeline located within the service area of the operator of the sewer main.

 


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Ê Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

     5.  If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

     Sec. 247.  NRS 459.558 is hereby amended to read as follows:

     459.558  1.  The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:

     (a) In a county whose population is less than [50,000;] 55,000;

     (b) To mining or agricultural activities; or

     (c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.

     2.  All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.

     Sec. 248.  NRS 461.260 is hereby amended to read as follows:

     461.260  1.  In a county whose population is [400,000] 700,000 or more, local enforcement agencies shall enforce and inspect the installation of factory-built housing and manufactured buildings.

     2.  In a county whose population is less than [400,000,] 700,000, local enforcement agencies may enforce and inspect the installation of factory-built housing and manufactured buildings. If a local enforcement agency fails or refuses to enforce and inspect the installation of any factory-built housing or manufactured building in its jurisdiction within 10 days after receipt of a request to inspect the installation, the Division shall enforce and inspect the installation.

     3.  Local use zone requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, as well as the review and regulation of architectural and aesthetic requirements are hereby specifically and entirely reserved to local jurisdictions notwithstanding any other requirement of this chapter.

     4.  If, upon a final inspection conducted pursuant to subsection 2, the Division determines that the factory-built housing or manufactured building meets all requirements established for the installation of the factory-built housing or manufactured building and all applicable requirements described in subsection 3, the Division shall issue a certificate of occupancy for the factory-built housing or manufactured building. The Division may adopt such regulations as it determines necessary to carry out its duties pursuant to this section. The regulations may establish fees for inspections and the issuance of certificates of occupancy.

     5.  A local government authority may inspect Nevada manufacturers of factory-built housing or manufactured buildings to ensure compliance with all the provisions of NRS 461.170. Before conducting an initial inspection of any such manufacturer, a local government authority must give 10 days’ written notice to the Administrator of the Division. The local government authority is not required to give notice to the Administrator before conducting subsequent inspections of the manufacturer.

 


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     Sec. 249.  NRS 461A.230 is hereby amended to read as follows:

     461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from a utility or an alternative seller to each lot if those services are available.

     2.  Each mobile home park constructed after October 1, 1989, must provide direct:

     (a) Electrical and gas service from a public utility or an alternative seller, or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

     (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available.

     3.  Except as otherwise provided in subsection 4, in a county whose population is [400,000] 700,000 or more, each mobile home park constructed after October 1, 1995, must provide direct water service, as provided in paragraph (b) of subsection 2, that is connected to individual meters for each lot. The individual meters must be installed in compliance with any uniform design and construction standards adopted by the public utility or city, county or other governmental entity which provides water service in the county.

     4.  The provisions of subsection 3:

     (a) Do not apply to a mobile home park constructed after October 1, 1995, if the mobile home park is operated by:

           (1) A public housing authority; or

           (2) A nonprofit corporation. As used in this subparagraph, “nonprofit corporation” does not include a corporate cooperative park.

     (b) Do not prohibit a mobile home park constructed on or before October 1, 1995, from expanding the number of lots in the mobile home park if the expansion can be accommodated under the capacity, as it existed on October 1, 1995, of the service connection to the master meter for the mobile home park.

     5.  As used in this section, “alternative seller” has the meaning ascribed to it in NRS 704.994.

     Sec. 250.  NRS 463.302 is hereby amended to read as follows:

     463.302  1.  Notwithstanding any other provision of law and except as otherwise provided in this section, the Board may, in its sole and absolute discretion, allow a licensee to move the location of its establishment and transfer its restricted or nonrestricted license to:

     (a) A location within a redevelopment area created pursuant to chapter 279 of NRS, if the redevelopment area is located in the same local governmental jurisdiction as the existing location of the establishment;

     (b) Any other location, if the move and transfer are necessary because the existing location of the establishment has been taken by the State or a local government through condemnation or eminent domain in accordance with a final order of condemnation entered before June 17, 2005; or

     (c) In any county other than a county whose population is 100,000 or more but less than [400,000,] 700,000, any other location within the same local governmental jurisdiction as the existing location of the establishment, if the move and transfer are necessary because the existing location of the establishment has been taken by the State or a local government through condemnation or eminent domain in accordance with a final order of condemnation entered on or after June 17, 2005.

 


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condemnation or eminent domain in accordance with a final order of condemnation entered on or after June 17, 2005.

     2.  The Board shall not approve a move and transfer pursuant to subsection 1 unless, before the move and transfer, the licensee receives all necessary approvals from the local government having jurisdiction over the location to which the establishment wants to move and transfer its license.

     3.  Before a move and transfer pursuant to subsection 1, the Board may require the licensee to apply for a new license pursuant to the provisions of this chapter.

     4.  The provisions of subsection 1 do not apply to an establishment that is:

     (a) A resort hotel; or

     (b) Located in a county, city or town which has established one or more gaming enterprise districts.

     Sec. 251.  NRS 463.3074 is hereby amended to read as follows:

     463.3074  The provisions of NRS 463.3072 to 463.3094, inclusive, apply to establishments and gaming enterprise districts that are located in a county whose population is [400,000] 700,000 or more.

     Sec. 252.  NRS 463.308 is hereby amended to read as follows:

     463.308  1.  The Commission shall not approve a nonrestricted license for an establishment in a county whose population is [400,000] 700,000 or more unless the establishment is located in a gaming enterprise district.

     2.  The location of an establishment within a gaming enterprise district may not be expanded unless the expansion of the location of the establishment is also within a gaming enterprise district.

     3.  If an establishment is not located within a gaming enterprise district, the establishment may not increase the number of games or slot machines operated at the establishment beyond the number of games or slot machines authorized for such a classification of establishment by local ordinance on December 31, 1996.

     Sec. 253.  NRS 463.3084 is hereby amended to read as follows:

     463.3084  1.  In a county whose population is [400,000] 700,000 or more, any person proposing to operate an establishment not located in a gaming enterprise district may petition the county, city or town having jurisdiction over the location of the proposed establishment to have the location designated a gaming enterprise district.

     2.  The petition must not be granted unless the petitioner demonstrates that:

     (a) The roads, water, sanitation, utilities and related services to the location are adequate;

     (b) The proposed establishment will not unduly impact public services, consumption of natural resources and the quality of life enjoyed by residents of the surrounding neighborhoods;

     (c) The proposed establishment will enhance, expand and stabilize employment and the local economy;

     (d) The proposed establishment will be located in an area planned or zoned for that purpose pursuant to NRS 278.010 to 278.630, inclusive; and

     (e) The proposed establishment will not be detrimental to the health, safety or general welfare of the community or be incompatible with the surrounding area.

     3.  Any interested person is entitled to be heard at the hearing held to consider a petition submitted pursuant to this section.

 


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     4.  A county, city or town that denies a petition submitted pursuant to this section shall not consider another petition concerning the same location or any portion thereof for 1 year after the date of the denial.

     Sec. 254.  NRS 463.323 is hereby amended to read as follows:

     463.323  In a county whose population is less than [400,000:] 700,000:

     1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff of the county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s negligence.

     2.  If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff as is provided by law with respect to other county licenses.

     3.  If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

     4.  All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:

     (a) Where the license is collected within the boundaries of any incorporated city, the county shall retain 25 percent of the money, and the incorporated city is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city.

     (b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for the general use and benefit of the unincorporated town.

     Sec. 255.  NRS 463.325 is hereby amended to read as follows:

     463.325  In a county whose population is [400,000] 700,000 or more:

     1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff of the county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff, if there is no county license department, is liable on the sheriff’s official bond for all money due for the licenses remaining uncollected by reason of the sheriff’s negligence.

     2.  If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff as is provided by law with respect to other county licenses.

 


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money received for licenses and take from the county treasurer a receipt therefor, and the sheriff shall immediately on the same day return to the county auditor all licenses not issued or disposed of by the sheriff as is provided by law with respect to other county licenses.

     3.  If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

     4.  All money received for county gaming licenses under this chapter must be apportioned by the county treasurer in the following manner:

     (a) Where the license is collected within the boundaries of any incorporated city, the money must be paid into the general fund of the incorporated city.

     (b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be placed in the town government fund for the general use and benefit of the unincorporated town.

     (c) Where the license is collected outside the boundaries of any incorporated city or unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be retained by the county treasurer for credit to the county general fund.

     Sec. 256.  NRS 463.327 is hereby amended to read as follows:

     463.327  The Executive Director of the Department of Taxation shall decrease the rate of property tax otherwise allowed to be levied pursuant to chapter 354 of NRS by each incorporated city in a county whose population is [400,000] 700,000 or more, and each such incorporated city shall accordingly decrease its property tax levy, for each fiscal year in which money will be distributed pursuant to NRS 463.325, by an amount which when multiplied by the assessed valuation of the incorporated city for the previous fiscal year would produce revenue equal to 25 percent of the amount allocated to the incorporated city pursuant to NRS 463.325 in the fiscal year in which the distribution will be received.

     Sec. 257.  NRS 463.750 is hereby amended to read as follows:

     463.750  1.  Except as otherwise provided in subsections 2 and 3, the Commission may, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.

     2.  The Commission may not adopt regulations governing the licensing and operation of interactive gaming until the Commission first determines that:

     (a) Interactive gaming can be operated in compliance with all applicable laws;

     (b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and

     (c) Such regulations are consistent with the public policy of the State to foster the stability and success of gaming.

     3.  The regulations adopted by the Commission pursuant to this section must:

     (a) Establish the investigation fees for:

           (1) A license to operate interactive gaming;

           (2) A license for a manufacturer of interactive gaming systems; and

           (3) A license for a manufacturer of equipment associated with interactive gaming.

 


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     (b) Provide that:

           (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and

           (2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming.

     (c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems or manufacturer of equipment associated with interactive gaming that are as stringent as the standards for a nonrestricted license.

     (d) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.

     (e) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

     (f) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

     4.  Except as otherwise provided in subsection 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

     (a) In a county whose population is [400,000] 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

     (b) In a county whose population is 45,000 or more [than 40,000] but less than [400,000,] 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

           (1) Holds a nonrestricted license for the operation of games and gaming devices;

           (2) Has more than 120 rooms available for sleeping accommodations in the same county;

           (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

           (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

           (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

     (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

           (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

 


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           (2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and

           (3) Operates either:

                (I) More than 50 rooms for sleeping accommodations in connection therewith; or

                (II) More than 50 gaming devices in connection therewith.

     5.  The Commission may:

     (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

           (1) The establishment satisfies the applicable requirements set forth in subsection 4; and

           (2) The affiliate is located in the same county as the establishment; and

     (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

     6.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

     (a) Until the Commission adopts regulations pursuant to this section; and

     (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

     7.  A person who violates subsection 6 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.

     Sec. 258.  NRS 466.115 is hereby amended to read as follows:

     466.115  A license must not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless:

     1.  A different type of race is conducted at the second track;

     2.  The second track is a county fair race meeting authorized by the Commission which does not exceed 10 days in duration during that calendar year; or

     3.  The other track or tracks are located in a county whose population is [400,000] 700,000 or more and on the premises of a resort hotel.

     Sec. 259.  NRS 477.030 is hereby amended to read as follows:

     477.030  1.  Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:

     (a) The prevention of fire.

     (b) The storage and use of:

           (1) Combustibles, flammables and fireworks; and

           (2) Explosives in any commercial construction, but not in mining or the control of avalanches,

Ê under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

     (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose.

 


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homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

     (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

Ê Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, the State Fire Marshal’s authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where the State Fire Marshal is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.

     2.  The State Fire Marshal may:

     (a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and

     (b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.

     3.  The State Fire Marshal shall cooperate with the State Forester Firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040 and the mitigation of the risk of a fire hazard from vegetation in counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.

     4.  The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes, specialized foster homes and group foster homes.

     5.  The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

     6.  Except as otherwise provided in subsection 10, the State Fire Marshal shall:

     (a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

     (b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

 


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municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

     (c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

     (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

     (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

     7.  The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.

     8.  The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

     9.  The State Fire Marshal shall:

     (a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;

     (b) Provide specialized training to local fire departments; and

     (c) Assist local governments in drafting regulations and ordinances,

Ê on request or as the State Fire Marshal deems necessary.

     10.  Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of the State Fire Marshal’s authority or duties if the local government’s personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.

     11.  The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:

     (a) Commercial trucking;

     (b) Environmental crimes;

     (c) Explosives and pyrotechnics;

     (d) Drugs or other controlled substances; or

     (e) Any similar activity specified by the State Fire Marshal.

     12.  Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:

     (a) Do not apply in a county whose population is [400,000] 700,000 or more which has adopted a code at least as stringent as the International Fire Code and the International Building Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

 


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regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code and the International Building Code within 1 year after publication of such an edition.

     (b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, “public school” has the meaning ascribed to it in NRS 385.007.

     Sec. 260.  NRS 482.225 is hereby amended to read as follows:

     482.225  1.  When application is made to the Department for registration of a vehicle purchased outside this State and not previously registered within this State where the registrant or owner at the time of purchase was not a resident of or employed in this State, the Department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the Department of Taxation except as otherwise provided in NRS 482.260.

     2.  If the registrant or owner of the vehicle was a resident of the State, or employed within the State, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the State and the representative or agent of the Department of Taxation shall collect the tax and remit it to the Department of Taxation.

     3.  Until all applicable taxes and fees are collected, the Department shall refuse to register the vehicle.

     4.  In any county whose population is less than [50,000,] 55,000, the Department shall designate the county assessor as the agent of the Department for the collection of any sales or use tax.

     5.  If the registrant or owner desires to refute the presumption stated in subsection 2 that he or she purchased the vehicle for use in this State, the registrant or owner must pay the tax to the Department and then may submit a claim for exemption in writing, signed by the registrant or owner or his or her authorized representative, to the Department together with a claim for refund of tax erroneously or illegally collected.

     6.  If the Department finds that the tax has been erroneously or illegally collected, the tax must be refunded.

     Sec. 261.  NRS 482.398 is hereby amended to read as follows:

     482.398  1.  In a county whose population is [400,000] 700,000 or more, a permit for the operation of a golf cart may be issued by the Department if the golf cart is equipped as required by subsection 2 and evidence of insurance as required for the registration of a motor vehicle is submitted when application for the permit is made.

     2.  A golf cart must have the following equipment:

     (a) Headlamps;

     (b) Tail lamps, reflectors, stop lamps and an emblem or placard for slow moving vehicles;

     (c) A mirror; and

     (d) Brakes.

Ê Each of these items of equipment must meet the standards prescribed for motor vehicles generally.

     3.  A permit is not required for the operation of a golf cart during daylight, by a person holding a current driver’s license, if the golf cart is:

 


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     (a) Equipped with an emblem or placard for slow moving vehicles; and

     (b) Operated solely upon that portion of a highway designated by the appropriate city or county as a:

           (1) Crossing for golf carts; or

           (2) Route of access between a golf course and the residence or temporary abode of the owner or operator of the golf cart.

     Sec. 262.  NRS 483.270 is hereby amended to read as follows:

     483.270  1.  The Department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:

     (a) A public school in a school district in this State in a county whose population is less than [50,000] 55,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the Department pursuant to subsection 5; or

     (b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,

Ê and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

     2.  An application for the issuance of a restricted license under this section must:

     (a) Be made upon a form provided by the Department.

     (b) Be signed and verified as provided in NRS 483.300.

     (c) Contain such other information as may be required by the Department.

     3.  Any restricted license issued pursuant to this section:

     (a) Is effective only for the school year during which it is issued or for a more restricted period.

     (b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.

     (c) May contain such other restrictions as the Department may deem necessary and proper.

     (d) May authorize the licensee to transport as passengers in a motor vehicle driven by the licensee, only while the licensee is going to and from school, members of his or her immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

     4.  No restricted license may be issued under the provisions of this section until the Department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

     5.  The Department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.

     Sec. 263.  NRS 484A.315 is hereby amended to read as follows:

     484A.315  “Urban area” means the area encompassed within the city limits of a city whose population is [10,000] 15,000 or more.

     Sec. 264.  NRS 484B.920 is hereby amended to read as follows:

     484B.920  1.  A procession, except a funeral procession, or parade, except the forces of the United States Armed Services, the military forces of this State and the forces of the police and fire departments, must not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.

 


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this State and the forces of the police and fire departments, must not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.

     2.  A sound truck or other vehicle equipped with an amplifier or loudspeaker must not be driven upon any highway for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the proper public authority.

     3.  An oversized or overweight vehicle or equipment must not be driven, occupy or proceed upon any highway except in accordance with a permit issued by the Department of Transportation.

     4.  The Department of Transportation, upon request, shall notify a city or county immediately after a permit has been issued for an oversized or overweight vehicle or equipment to be driven, occupy or proceed upon any highway under the jurisdiction of that city or county.

     5.  Nothing in chapters 484A to 484E, inclusive, of NRS prohibits a city or county affected by the issuance of permits pursuant to this section from:

     (a) Recommending to the Department of Transportation the establishment of certain routes by which oversized or overweight vehicles may proceed through the city or county and any modifications to those routes; or

     (b) Notifying the Department of Transportation if the issuance of a permit authorizing an oversized or overweight vehicle or equipment to be driven, occupy or proceed upon a certain highway would negatively impact traffic safety or flow of traffic due to unique conditions in the city or county.

     6.  The Department of Transportation shall adopt regulations regarding the issuance of permits for oversized or overweight vehicles or equipment to be driven, occupy or proceed upon any highway that is under the jurisdiction of a county whose population is less than [400,000,] 700,000, or a city in a county whose population is less than [400,000.] 700,000. The regulations may limit the movement of oversized or overweight vehicles to certain:

     (a) Routes;

     (b) Hours of the day; or

     (c) Days of the week,

Ê to ensure public safety.

     7.  Any person who violates any provision of this section is guilty of a misdemeanor.

     Sec. 265.  NRS 484D.800 is hereby amended to read as follows:

     484D.800  1.  There is hereby created in each county whose population is [400,000] 700,000 or more a regional advisory committee to make recommendations to the Department of Transportation and to affected cities and counties, as applicable, regarding the movement of oversized or overweight vehicles in this State.

     2.  The membership of such a committee must consist of:

     (a) One member appointed by the Department of Transportation, who shall serve as the chair of the committee;

     (b) One member appointed by the board of county commissioners;

     (c) One member appointed by the city council of every incorporated city within the county;

     (d) One member appointed by the largest construction industry association in the county; and

     (e) One member appointed by the largest motor transport association in the county.

 


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     3.  Each member of such a committee must be appointed for a term of 2 years. A vacancy in the membership of the committee must be filled in the same manner as the original appointment for the remainder of the unexpired term. A member who is appointed to fill a vacancy must possess the same general qualifications as his or her predecessor.

     4.  Members of such a committee shall serve without compensation.

     Sec. 266.  NRS 494.048 is hereby amended to read as follows:

     494.048  1.  The Fund for Aviation is hereby created as a trust fund in the State Treasury. The Director:

     (a) Shall administer the Fund; and

     (b) May apply for and accept any gift, bequest, grant, appropriation or donation from any source for deposit in the Fund.

     2.  Any money received by the Director pursuant to the provisions of subsection 1 must be deposited in the Fund. The money in the Fund may be invested as the money in other state funds is invested. After deducting any applicable charges, all interest and income earned on the money in the Fund must be credited to the Fund. The money in the Fund may be expended only in accordance with the terms and conditions of any gift, bequest, grant, appropriation or donation to the Fund or in the manner provided in subsection 3. Not more than 1 percent of the money in the Fund may be used to pay the costs of administering the Fund.

     3.  Except as otherwise provided in this section, the Director may:

     (a) Expend money in the Fund to award grants to a county, city or other local government in this State for obtaining matching money for federal programs and any other programs relating to airports or for the planning, establishment, development, construction, enlargement, improvement or maintenance of any airport, landing area or air navigation facility owned or controlled by the county, city or other local government; and

     (b) Adopt regulations to carry out the provisions of paragraph (a).

     4.  The Director shall:

     (a) In adopting regulations pursuant to subsection 3, determine the order of priority for the expenditures from the Fund by considering, without limitation, the following factors:

           (1) The purpose of the project;

           (2) The costs and benefits of the project; and

           (3) The effect of the project on the environment, safety, security, infrastructure and capacity of the airport; and

     (b) Before awarding a grant or adopting a regulation pursuant to subsection 3, consult with the Nevada Aviation Technical Advisory Committee and any person who represents an airport in this State used by the general public.

     5.  Any money received by a county, city or other local government pursuant to the provisions of this section must be accounted for separately by the county, city or other local government and may be used only for the purpose for which the money was received by the county, city or other local government.

     6.  The provisions of this section do not apply to an airport, landing area or air navigation facility that is owned or controlled by the Reno-Tahoe Airport Authority or a county whose population is [400,000] 700,000 or more.

     7.  As used in this section, “Director” means the Director of the Department of Transportation.

 


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     Sec. 267.  NRS 495.040 is hereby amended to read as follows:

     495.040  1.  The boards of county commissioners of the respective counties of this State may lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding 99 years.

     2.  Before entering into any agreement for the lease of property as set forth in subsection 1, the board of county commissioners shall publish notice of its intention in a newspaper of general circulation published within the county at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the county, the board shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting is to be held, at which meeting any interested person may appear. No such lease or agreement may be entered into by the board until after the notice has been given and a meeting held as provided in this subsection.

     3.  The provisions of NRS 244.281 and 496.080 do not apply to any lease entered into pursuant to this section by a board of county commissioners in a county whose population is less than [50,000.] 55,000.

     Sec. 268.  NRS 496.080 is hereby amended to read as follows:

     496.080  1.  Except as otherwise provided in subsection 2 or as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter.

     2.  The disposal by sale, lease or otherwise must be:

     (a) Except as otherwise provided in subsections 3 and 4, made by public auction; and

     (b) In accordance with the laws of this State, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the State or Federal Government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality, and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.

     3.  A board of county commissioners of a county whose population is [50,000] 55,000 or more may rent or lease to a person, or renew the rental or lease to a person of, a space for the parking or storage of aircraft, including, without limitation, a hangar, on the grounds of a municipal airport that is owned or operated by the county without conducting a public auction and at a price at least equal to the fair market rental or lease value of the space based on an independent appraisal conducted within 6 months before the rental or lease.

     4.  The governing body of a city whose population is less than 25,000 may rent or lease to a person a space that is less than one-half of an acre for the parking or storage of aircraft on the grounds of a municipal airport that is owned or operated by the city without conducting or causing to be conducted an appraisal or a public auction.

 


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     Sec. 269.  NRS 501.171 is hereby amended to read as follows:

     501.171  1.  A county advisory board to manage wildlife shall submit written nominations for appointments to the Commission upon the request of the Governor and may submit nominations at any other time.

     2.  After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the Commission, the Governor shall appoint to the Commission:

     (a) One member who is actively engaged in the conservation of wildlife;

     (b) One member who is actively engaged in farming;

     (c) One member who is actively engaged in ranching;

     (d) One member who represents the interests of the general public; and

     (e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.

     3.  The Governor shall not appoint to the Commission any person who has been convicted of:

     (a) A felony or gross misdemeanor for a violation of NRS 501.376;

     (b) A gross misdemeanor for a violation of NRS 502.060;

     (c) A felony or gross misdemeanor for a violation of NRS 504.395; or

     (d) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,

Ê during the previous 10 years.

     4.  Not more than three members may be from the same county whose population is [400,000] 700,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than [400,000,] 700,000, and not more than one member may be from the same county whose population is less than 100,000.

     5.  The Commission shall annually select a Chair and a Vice Chair from among its members. A person shall not serve more than two consecutive terms as Chair.

     Sec. 270.  NRS 501.260 is hereby amended to read as follows:

     501.260  1.  There is hereby created a county advisory board to manage wildlife in each of the several counties.

     2.  In a county whose population:

     (a) Is less than [400,000,] 700,000, each board consists of three or five members, at the discretion of the board of county commissioners.

     (b) Is [400,000] 700,000 or more, each board consists of five or seven members, at the discretion of the board of county commissioners.

     3.  A chair and vice chair must be selected by each board.

     Sec. 271.  NRS 533.030 is hereby amended to read as follows:

     533.030  1.  Subject to existing rights, and except as otherwise provided in this section, all water may be appropriated for beneficial use as provided in this chapter and not otherwise.

     2.  The use of water, from any stream system as provided in this chapter and from underground water as provided in NRS 534.080, for any recreational purpose, or the use of water from the Muddy River or the Virgin River to create any developed shortage supply or intentionally created surplus, is hereby declared to be a beneficial use. As used in this subsection:

     (a) “Developed shortage supply” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19,884, April 11, 2008, and any subsequent amendment thereto.

 


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     (b) “Intentionally created surplus” has the meaning ascribed to it in Volume 73 of the Federal Register at page 19,884, April 11, 2008, and any subsequent amendment thereto.

     3.  Except as otherwise provided in subsection 4, in any county whose population is [400,000] 700,000 or more:

     (a) The board of county commissioners may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the unincorporated areas of the county.

     (b) The governing body of a city may prohibit or restrict by ordinance the use of water and effluent for recreational purposes in any artificially created lake or stream located within the boundaries of the city.

     4.  In any county whose population is [400,000] 700,000 or more, the provisions of subsection 1 and of any ordinance adopted pursuant to subsection 3 do not apply to:

     (a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

     (b) Water used in a mining reclamation project; or

     (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

     Sec. 272.  NRS 540.111 is hereby amended to read as follows:

     540.111  1.  The Advisory Board on Water Resources Planning and Development, consisting of 15 members appointed by the Governor, is hereby created within the Division.

     2.  The Governor shall appoint to the Advisory Board:

     (a) Five members who are representatives of the governing bodies of the county with the largest population in the State and the cities in that county;

     (b) One member who is a representative of the largest water utility in the county with the largest population in the State;

     (c) Two members who are representatives of the county with the second largest population in the State and the cities in that county;

     (d) One member who is a representative of the largest water utility in the county with the second largest population in the State;

     (e) One member who is a representative of the governing body of a county whose population is less than [50,000;] 55,000;

     (f) One member who is representative of the general public; and

     (g) Four members, each of whom represents a different one of the following interests:

           (1) Farming;

           (2) Mining;

           (3) Ranching; and

           (4) Wildlife.

Ê The Governor shall make the appointments required by this subsection so that at least six members of the Advisory Board are residents of the county with the largest population in the State, at least three members are residents of the county with the second largest population in the State and at least four members are residents of a county whose population is less than 100,000.

     3.  The members of the Advisory Board serve at the pleasure of the Governor.

     4.  All vacancies on the Advisory Board must be filled in the same manner of appointment as the member who created the vacancy.

 


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     5.  The members of the Advisory Board are entitled to receive a salary of $60 for each day’s attendance at a meeting of the Advisory Board and the travel and subsistence allowances provided by law for state officers and employees generally.

     6.  The Advisory Board shall, at its first meeting and annually thereafter, elect a Chair from among its members.

     7.  The Advisory Board may meet at least once in each calendar quarter and at other times upon the call of the Chair or a majority of the members.

     8.  A majority of the members of the Advisory Board constitutes a quorum. A quorum may exercise all of the powers and duties of the Advisory Board.

     9.  The Advisory Board shall:

     (a) Advise the Chief on matters relating to the planning and development of water resources;

     (b) Be informed on and interested in the administrative duties of the Section and any legislation recommended by the Section;

     (c) Advise and make recommendations through the Section and the Division to the Governor and the Legislature concerning policies for water planning; and

     (d) Advise the Chief concerning the policies of the Section and areas of emphasis for the planning of water resources.

     Sec. 273.  NRS 540A.020 is hereby amended to read as follows:

     540A.020  This chapter applies only to counties whose population is 100,000 or more but less than [400,000.] 700,000.

     Sec. 274.  NRS 541.207 is hereby amended to read as follows:

     541.207  In any county whose population is [400,000] 700,000 or more:

     1.  Except as otherwise provided in subsection 2, nothing in this chapter requires the board or a subcontracting agency to furnish water for the purpose of filling or maintaining an artificially created lake or stream where that use of water is prohibited or restricted by ordinance of:

     (a) The county, if the lake or stream is located within the unincorporated areas of the county; or

     (b) A city, if the lake or stream is located within the boundaries of the city.

     2.  The provisions of subsection 1 and of any ordinance referred to in subsection 1 do not apply to:

     (a) Water stored in an artificially created reservoir for use in flood control, in meeting peak water demands or for purposes relating to the treatment of sewage;

     (b) Water used in a mining reclamation project; or

     (c) A body of water located in a recreational facility that is open to the public and owned or operated by the United States or the State of Nevada.

     Sec. 275.  NRS 543.240 is hereby amended to read as follows:

     543.240  1.  In any county whose population is [400,000] 700,000 or more, the entire county constitutes the district.

     2.  In any other county a district may:

     (a) Consist of one contiguous area or of two or more noncontiguous areas.

     (b) Include all or part of municipal corporations and other political subdivisions.

 


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     Sec. 276.  NRS 543.250 is hereby amended to read as follows:

     543.250  1.  In any county whose population is less than [400,000] 700,000 the board of county commissioners may create districts.

     2.  No member of a board of county commissioners or board of directors is disqualified to perform any duty imposed by NRS 543.170 to 543.830, inclusive, by reason of ownership of property within any proposed district.

     3.  A district so created may include territory within another such county, with the consent of the board of county commissioners of the other county.

     Sec. 277.  NRS 543.320 is hereby amended to read as follows:

     543.320  1.  Except as otherwise provided in subsection 2, the district is governed by a board of directors consisting of the members of the board of county commissioners of the county.

     2.  If the district coincides with a county in which a regional transportation commission has been created pursuant to chapter 277A of NRS, unless the county has a population of 100,000 or more but less than [400,000,] 700,000, the members of that commission constitute the board of directors of the district.

     Sec. 278.  NRS 543.600 is hereby amended to read as follows:

     543.600  1.  In a county whose population is [400,000] 700,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections 3 and 4 is to be used to provide revenue for the support of the district. The method selected must be approved by a majority of the voters of the district voting on the question at a special, primary or general election. The ballot question submitted to the voters must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of passage of the question.

     2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the district.

     3.  The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.

     4.  The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

 


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imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

     5.  In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.

     6.  In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.

     Sec. 279.  NRS 543.675 is hereby amended to read as follows:

     543.675  1.  In a county whose population is less than [400,000] 700,000 an owner in fee of real property situate in the district may file with the board a petition praying that those lands be excluded from the district.

     2.  Petitions must:

     (a) Describe the property which the petitioner desires to have excluded.

     (b) State that the property does not produce any runoff of floodwater capable of being served by the facilities of the district or by any future improvement contained in the master plan.

     (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

     (d) Be accompanied by a deposit of money sufficient to pay all costs of the proceedings for exclusion.

     3.  The secretary of the board shall cause a notice of filing of such petition to be published, which must:

     (a) State the filing of the petition.

     (b) State the names of the petitioners.

     (c) Describe the property mentioned in the petition.

     (d) State the prayer of the petitioners.

     (e) Notify all persons interested to appear at the office of the board at the time named in the notice, and show cause in writing why the petition should not be granted.

     4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person.

     5.  The filing of the petition is an assent by each petitioner to the exclusion from the district of all or part of the property mentioned in the petition.

     6.  The board, if it considers it not to be in the best interest of the district that all or part of the property be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

     7.  If the board considers it to be in the best interest of the district that the property mentioned in the petition be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

     8.  There may be no withdrawal from a petition after consideration by the board nor may further objection be filed except in case of fraud or misrepresentation.

     9.  Upon granting the petition, the board shall file for record a certified copy of its ordinance making the change, in the manner provided in NRS 543.300.

     Sec. 280.  NRS 543.685 is hereby amended to read as follows:

     543.685  In a county whose population is less than [400,000] 700,000 the boundaries of a district may be enlarged by the inclusion of additional real property in the following manner:

 


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     1.  The owner in fee of any real property capable of being served by the facilities of the district may file with the board a petition praying that the property be included in the district.

     2.  The petition must:

     (a) Set forth an accurate legal description of the property.

     (b) State that assent to the inclusion of the property in the district is given by all the owners in fee of the property.

     (c) Be acknowledged in the same manner required for a conveyance of land.

     3.  There may be no withdrawal from a petition after consideration by the board nor may further objections be filed except in case of fraud or misrepresentation.

     4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of the petition, and of the place, time and date of the meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board is final and conclusive. If the petition is granted as to all or any of the real property described, the board shall make an order to that effect, and file it for record in the manner provided in NRS 543.300.

     5.  After the date of its inclusion in the district, the property is subject to all of the taxes imposed by the district, and is liable for its proportionate share of the existing general obligation bonded indebtedness of the district. It is not liable for any taxes levied or assessed before its inclusion in the district.

     Sec. 281.  NRS 597.230 is hereby amended to read as follows:

     597.230  1.  In a county whose population is [400,000] 700,000 or more, a person may operate a brew pub:

     (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

     (b) In any historic district established in that county pursuant to NRS 384.005;

     (c) In any retail liquor store as that term is defined in NRS 369.090; or

     (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê A person who operates one or more brew pubs may not manufacture more than 15,000 barrels of malt beverages for all the brew pubs he or she operates in that county in any calendar year.

     2.  In a county whose population is less than [400,000,] 700,000, a person may operate a brew pub:

     (a) In any redevelopment area established in that county pursuant to NRS 279.382 to 279.685, inclusive;

     (b) In any historic district established in that county pursuant to NRS 384.005;

     (c) In any retail liquor store as that term is defined in NRS 369.090; or

     (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

 


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Ê A person who operates one or more brew pubs may not manufacture more than 5,000 barrels of malt beverages for all brew pubs he or she operates in that county in any calendar year.

     3.  The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

     4.  A person who operates a brew pub pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

     (a) Manufacture and store malt beverages on the premises of the brew pub and sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

     (b) Sell at retail malt beverages manufactured on or off the premises of the brew pub for consumption on the premises.

     (c) Sell at retail in packages sealed on the premises of the brew pub, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

     Sec. 282.  NRS 598.485 is hereby amended to read as follows:

     598.485  The provisions of NRS 598.495, 598.506 and 598.515 do not apply to a tour broker whose business is confined to advertising, or a tour operator whose business is confined to advertising and conducting, sightseeing tours that originate in a county other than a county whose population is [400,000] 700,000 or more.

     Sec. 283.  NRS 608.310 is hereby amended to read as follows:

     608.310  1.  Except as otherwise provided in subsection 4, a producer-promoter-employer intending to do business in this State must obtain a permit from the Labor Commissioner.

     2.  An application for the permit required by subsection 1 must contain information concerning:

     (a) The applicant’s name and permanent address;

     (b) The financing for the production;

     (c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and

     (d) Such other information as the Labor Commissioner may require by regulation for the protection of persons associated with the entertainment industry.

     3.  The Commissioner may by regulation require a reasonable fee for processing an application.

     4.  The provisions of this section do not apply to any producer-promoter-employer who produces proof to the Commissioner or, in a county whose population is [400,000] 700,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that the producer-promoter-employer:

     (a) Has been in the business of a producer-promoter-employer in this State for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the Labor Commissioner during that period;

     (b) Has sufficient tangible assets in this State which, if executed upon, would equal or exceed the amount of bond required; or

 


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     (c) Holds a license to operate a nonrestricted gaming operation in this State.

     Sec. 284.  NRS 608.320 is hereby amended to read as follows:

     608.320  A producer-promoter-employer required by NRS 608.310 to obtain a permit from the Labor Commissioner must, before being granted the permit, post a bond with:

     1.  The Labor Commissioner; or

     2.  In a county whose population is [400,000] 700,000 or more, with the department or agency within that county which is authorized to issue business licenses on behalf of the county,

Ê in the amount of at least twice the average weekly wages to be paid by the producer-promoter-employer to persons to be employed in the production. Except as otherwise provided in this section, the bond must be conditioned on the payment of all wages due all artists, technical personnel and other persons employed in the production upon the cessation of the production or upon the subrogation of another for the liabilities of the producer-promoter-employer, if that subrogation is satisfactory to the Labor Commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.

     Sec. 285.  NRS 629.045 is hereby amended to read as follows:

     629.045  1.  Every provider of health care to whom any person comes or is brought for the treatment of:

     (a) Second or third degree burns to 5 percent or more of the body;

     (b) Burns to the upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or

     (c) Burns which may result in death,

Ê shall promptly report that information to the appropriate local fire department.

     2.  The report required by subsection 1 must include:

     (a) The name and address of the person treated, if known;

     (b) The location of the person treated; and

     (c) The character and extent of the injuries.

     3.  A person required to make a report pursuant to subsection 1 shall, within 3 working days after treating the person, submit a written report to:

     (a) The appropriate local fire department in counties whose population is [40,000] 45,000 or more; or

     (b) The State Fire Marshal in counties whose population is less than [40,000.] 45,000.

Ê The report must be on a form provided by the State Fire Marshal.

     4.  A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.

     Sec. 286.  NRS 647.060 is hereby amended to read as follows:

     647.060  1.  At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require the person vending the hides or junk to subscribe a statement containing the following information:

     (a) When, where and from whom the vendor obtained the property.

     (b) The vendor’s age, residence, including the city or town, and the street and number, if any, of the residence, and such other information as is reasonably necessary to enable the residence to be located.

 


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     (c) The name of the employer, if any, of the vendor and the place of business or employment of the employer.

     2.  Except as otherwise provided in subsection 3, the junk dealer shall on the next business day:

     (a) File the original statement subscribed by the vendor in the office of the sheriff of the county where the purchase was made; and

     (b) If the purchase was made in a city or town, file a copy of the statement with the chief of police of that city or town.

     3.  In a county whose population is [45,000 or less,] less than 47,500, the original statement may be filed in the office of the sheriff’s deputy for transmission to the sheriff.

     Sec. 287.  NRS 647.130 is hereby amended to read as follows:

     647.130  1.  Except as otherwise provided in subsection 2, no property which has a specific mark for identification or is otherwise individually identifiable and is bought by any secondhand dealer may be removed from his or her place of business at which the transaction occurred within:

     (a) Thirty days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is [400,000] 700,000 or more; or

     (b) Fifteen days after the receipt thereof is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police, if the place of business is located in a county whose population is less than [400,000.] 700,000.

     2.  A secondhand dealer who purchases a motor vehicle may, during the period prescribed in subsection 1, remove the motor vehicle from the place of business at which the transaction occurred to a place used by the secondhand dealer for the storage of purchased motor vehicles. Once the motor vehicle is moved to the place of storage, the secondhand dealer shall not remove the motor vehicle from that place during the remainder of the period prescribed in subsection 1.

     Sec. 288.  NRS 662.015 is hereby amended to read as follows:

     662.015  1.  In addition to the powers conferred by law upon private corporations and limited-liability companies, a bank may:

     (a) Exercise by its board of directors, managers or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking by:

           (1) Discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness;

           (2) Receiving deposits;

           (3) Buying and selling exchange, coin and bullion; and

           (4) Loaning money on personal security or real and personal property.

Ê At the time of making loans, banks may take and receive interest or discounts in advance.

     (b) Adopt regulations for its own government not inconsistent with the Constitution and laws of this State.

     (c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.

     (d) Receive money for transmission.

     (e) Establish and become a member of a clearinghouse association and pledge assets required for its qualification.

 


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ê2011 Statutes of Nevada, Page 1302 (Chapter 253, AB 545)ê

 

     (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the Commissioner. The Commissioner may, by regulation, waive or modify a requirement of Nevada law if the corresponding requirement for national banks is eliminated or modified.

     (g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations adopted by the Commissioner.

     (h) Unless otherwise specifically prohibited by federal law, sell annuities if licensed by the Commissioner of Insurance.

     2.  A bank may purchase, hold and convey real property:

     (a) As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion. This investment must not exceed, except as otherwise provided in this section, 60 percent of its stockholders’ or members’ equity, plus subordinated capital notes and debentures. The Commissioner may authorize any bank located in a city whose population is 15,000 or more [than 10,000] to invest more than 60 percent of its stockholders’ or members’ equity, plus subordinated capital notes and debentures, in its banking offices, furniture and fixtures.

     (b) As is mortgaged to it in good faith by way of security for loans made or money due to the bank.

     (c) As is permitted by NRS 662.103.

     3.  This section does not prohibit any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it. Any real property acquired through the collection of debts due it may not be held for longer than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the Commissioner may require.

     Sec. 289.  NRS 704.110 is hereby amended to read as follows:

     704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

     1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

     2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

     3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared.

 


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ê2011 Statutes of Nevada, Page 1303 (Chapter 253, AB 545)ê

 

application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

     (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2010, and at least once every 36 months thereafter.

     (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2011, and at least once every 36 months thereafter.

     (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

     (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

 


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ê2011 Statutes of Nevada, Page 1304 (Chapter 253, AB 545)ê

 

revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

     4.  In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

     (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

     (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

     5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

     6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 9, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.

 


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ê2011 Statutes of Nevada, Page 1305 (