Senate Bill No. 359–Senators
Titus, Wiener,
Schneider, Care and Mathews
Joint Sponsors: Assemblymen
Griffin, Hettrick
and Ohrenschall
CHAPTER..........
AN ACT relating to the display of the flag of the United States; providing that the governing body of a local government may not take any action to prohibit an owner of real property from engaging in the display of the flag on his property; providing that covenants, conditions and restrictions relating to real property are void and unenforceable to the extent that they prohibit an owner of real property from engaging in the display of the flag on his property; providing that executive boards of common-interest communities and landlords may not prohibit a unit’s owner or tenant, as applicable, from engaging in the display of the flag within that portion of the common-interest community, premises or manufactured home lot that the unit’s owner or tenant has a right to occupy and use exclusively; providing that a local government employer may not prohibit an employee from engaging in the display of the flag; allowing the imposition of reasonable restrictions with respect to the placement and manner of display of the flag; providing for the payment to a prevailing party of reasonable attorney’s fees and costs incurred to pursue certain legal actions; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2:
(a) A governing body shall not adopt an ordinance, regulation
or plan or take any other action that prohibits an owner of real
property from engaging in the display of the flag of the United
States on his property.
(b) Any covenant, condition or restriction contained in a deed,
contract or other legal instrument which affects the transfer, sale
or any other interest in real property that prohibits the owner of
the property from engaging in the display of the flag of the United
States on his property is void and unenforceable.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a governing body from imposing reasonable
restrictions as to the time, place and manner of display of the flag
of the United States if the governing body determines that such
restrictions are necessary to protect the health, safety or welfare
of the public. For the purposes of this paragraph, reasonable
restrictions as to the time, place and manner of display of the flag
of the United States may include, without limitation, reasonable
restrictions as to height and setback.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C.
chapter 1.
The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative
or landscaping component.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 278.0105 to 278.0195, inclusive,
have the meanings ascribed to them in those sections.
Sec. 3. Chapter 111 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, any
covenant, condition or restriction contained in a deed, contract or
other legal instrument which affects the transfer, sale or any
other interest in real property that prohibits the owner of the
property from engaging in the display of the flag of the United
States on his property is void and unenforceable.
2. The provisions of this section do not apply to the display of
the flag of the United States for commercial advertising purposes.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C.
chapter 1.
The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative
or landscaping component.
Sec. 4. Chapter 116 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the executive
board of an association shall not and the governing documents of
that association must not prohibit a unit’s owner from engaging
in the display of the flag of the United States within such physical
portion of the common-interest community as that owner has a
right to occupy and use exclusively.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude an association from adopting, and do not
preclude the governing documents of an association from setting
forth, rules that reasonably restrict the placement and manner of
the display of the flag of the United States by a unit’s owner.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C.
chapter 1.
The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative
or landscaping component.
Sec. 5. Chapter 118A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a landlord or
an agent or employee of a landlord shall not prohibit a tenant
from engaging in the display of the flag of the United States
within such physical portion of the premises as that tenant has a
right to occupy and use exclusively.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a landlord or an agent or employee of a landlord
from adopting rules that reasonably restrict the placement and
manner of the display of the flag of the United States by a tenant.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C.
chapter 1.
The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative
or landscaping component.
Sec. 6. NRS 118A.180 is hereby amended to read as follows:
118A.180 1. Except as provided in subsection 2, this chapter
applies to, regulates and determines rights, obligations and
remedies under a rental agreement, wherever made, for a dwelling
unit or premises located within this state.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B
of NRS;
(b) Low-rent housing programs operated by public housing
authorities and established pursuant to the United States Housing
Act of 1937, 42 U.S.C. §§ 1437 et seq.;
(c) A person who owns and personally manages four or fewer
dwelling units, except with respect to the provisions of NRS
118A.200, 118A.300, 118A.340, 118A.380, 118A.450 and
118A.460[;] and section 5 of this act;
(d) Residence in an institution, public or private, incident to
detention or the provision of medical, geriatric, educational,
counseling, religious or similar service;
(e) Occupancy under a contract of sale of a dwelling unit or the
property of which it is a part, if the occupant is the purchaser or his
successor in interest;
(f) Occupancy by a member of a fraternal or social organization
in the portion of a structure operated for the benefit of the
organization;
(g) Occupancy in a hotel or motel for less than 30 consecutive
days unless the occupant clearly manifests an intent to remain for a
longer continuous period;
(h) Occupancy by an employee of a landlord whose right to
occupancy is solely conditional upon employment in or about the
premises;
(i) Occupancy by an owner of a condominium unit or by a
holder of a proprietary lease in a cooperative apartment; or
(j) Occupancy under a rental agreement covering premises used
by the occupant primarily for agricultural purposes.
Sec. 7. NRS 118A.200 is hereby amended to read as follows:
118A.200 1. Any written agreement for the use and
occupancy of a dwelling unit or premises must be signed by the
landlord or his agent and the tenant or his agent.
2. Any written rental agreement must contain, but is not limited
to, provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent and the manner and time of its payment.
(c) Occupancy by children or pets.
(d) Services included with the dwelling rental.
(e) Fees which are required and the purposes for which they are
required.
(f) Deposits which are required and the conditions for their
refund.
(g) Charges which may be required for late or partial payment of
rent or for return of any dishonored check.
(h) Inspection rights of the landlord.
(i) A listing of persons or numbers of persons who are to occupy
the dwelling.
(j) Respective responsibilities of the landlord and the tenant as
to the payment of utility charges.
(k) A signed record of the inventory and condition of the
premises under the exclusive custody and control of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a
tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or
regulation.
(n) Information regarding the right of the tenant to engage in
the display of the flag of the United States, as set forth in section 5
of this act.
3. The absence of a written agreement raises a disputable
presumption that:
(a) There are no restrictions on occupancy by children or pets.
(b) Maintenance and waste removal services are provided
without charge to the tenant.
(c) No charges for partial or late payments of rent or for
dishonored checks are paid by the tenant.
(d) Other than normal wear, the premises will be returned in the
same condition as when the tenancy began.
4. It is unlawful for a landlord or any person authorized to
enter into a rental agreement on his behalf to use any written
agreement which does not conform to the provisions of this section,
and any provision in an agreement which contravenes the provisions
of this section is void.
Sec. 8. Chapter 118B of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a landlord or
an agent or employee of a landlord shall not prohibit a tenant
from engaging in the display of the flag of the United States
within the boundary of the lot of the tenant.
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a landlord or an agent or employee of a landlord
from adopting rules that reasonably restrict the placement and
manner of the display of the flag of the United States by a tenant.
3. In any action commenced to enforce the provisions of this
section, the prevailing party is entitled to recover reasonable
attorney’s fees and costs.
4. As used in this section, “display of the flag of the United
States” means a flag of the United States that is:
(a) Made of cloth, fabric or paper;
(b) Displayed from a pole or staff or in a window; and
(c) Displayed in a manner that is consistent with 4 U.S.C.
chapter 1.
The term does not include a depiction or emblem of the flag of the
United States that is made of balloons, flora, lights, paint, paving
materials, roofing, siding or any other similar building, decorative
or landscaping component.
Sec. 9. NRS 118B.040 is hereby amended to read as follows:
118B.040 1. A rental agreement or lease between a landlord
and tenant to rent or lease any manufactured home lot must be in
writing. The landlord shall give the tenant a copy of the agreement
or lease at the time the tenant signs it.
2. A rental agreement or lease must contain, but is not limited
to, provisions relating to:
(a) The duration of the agreement.
(b) The amount of rent, the manner and time of its payment and
the amount of any charges for late payment and dishonored checks.
(c) Restrictions on occupancy by children or pets.
(d) Services and utilities included with the rental of a lot and the
responsibility of maintaining or paying for them, including the
charge, if any, for cleaning the lots.
(e) Deposits which may be required and the conditions for their
refund.
(f) Maintenance which the tenant is required to perform and any
appurtenances he is required to provide.
(g) The name and address of the owner of the manufactured
home park and his authorized agent.
(h) Any restrictions on subletting.
(i) Any recreational facilities and other amenities provided to the
tenant and any deposits or fees required for their use.
(j) Any restriction of the park to older persons pursuant to
federal law.
(k) The dimensions of the manufactured home lot of the tenant.
(l) A summary of the provisions of NRS 202.470.
(m) Information regarding the procedure pursuant to which a
tenant may report to the appropriate authorities:
(1) A nuisance.
(2) A violation of a building, safety or health code or
regulation.
(n) Information regarding the right of the tenant to engage in
the display of the flag of the United States, as set forth in section 8
of this act.
(o) The amount to be charged each month to the tenant to
reimburse the landlord for the cost of a capital improvement to the
manufactured home park. Such an amount must be stated separately
and include the length of time the charge will be collected and the
total amount to be recovered by the landlord from all tenants in the
manufactured home park.
Sec. 10. NRS 118B.210 is hereby amended to read as follows:
118B.210 1. The landlord shall not terminate a tenancy,
refuse to renew a tenancy, increase rent or decrease services he
normally supplies, or bring or threaten to bring an action for
possession of a manufactured home lot as retaliation upon the
tenant because:
(a) He has complained in good faith about a violation of a
building, safety or health code or regulation pertaining to a
manufactured home park to the governmental agency responsible
for enforcing the code or regulation.
(b) He has complained to the landlord concerning the
maintenance, condition or operation of the park or a violation of
any provision of NRS 118B.040 to 118B.220, inclusive, and
section 8 of this act or 118B.240.
(c) He has organized or become a member of a tenants’ league
or similar organization.
(d) He has requested the reduction in rent required by:
(1) NRS 118.165 as a result of a reduction in property taxes.
(2) NRS 118B.153 when a service, utility or amenity is
decreased or eliminated by the landlord.
(e) A citation has been issued to the landlord as the result of a
complaint of the tenant.
(f) In a judicial proceeding or arbitration between the landlord
and the tenant, an issue has been determined adversely to the
landlord.
2. A landlord, manager or assistant manager of a manufactured
home park shall not willfully harass a tenant.
3. A tenant shall not willfully harass a landlord, manager or
assistant manager of a manufactured home park or an employee or
agent of the landlord.
4. As used in this section, “harass” means to threaten or
intimidate, through words or conduct, with the intent to affect the
terms or conditions of a tenancy or a person’s exercise of his rights
pursuant to this chapter.
Sec. 11. Chapter 237 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a local
government employer shall not:
(a) Prohibit or restrict an employee from engaging in the
display of the flag of the United States:
(1) On the person of the employee;
(2) In the workplace of the employee; or
(3) On a vehicle owned by the local government employer
that is operated by the employee in the course of performing the
employee’s duties; or
(b) Discharge or otherwise discriminate against any employee
because the employee has exercised his right to engage in the
display of the flag of the United States as described in
paragraph (a).
2. The provisions of this section do not:
(a) Apply to the display of the flag of the United States for
commercial advertising purposes.
(b) Preclude a local government employer from imposing
reasonable restrictions as to the time, place and manner of display
of the flag of the United States if the local government employer
determines that such restrictions are necessary to preserve the
order or discipline of the workplace.
3. An employee who is prohibited or restricted from engaging
in the display of the flag of the United States in violation of
paragraph (a) of subsection 1 or is discharged or otherwise
discriminated against in violation of paragraph (b) of subsection
1 may bring a civil action against a local government employer
who violates the provisions of subsection 1 and obtain:
(a) Any wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits; and
(c) Damages equal to the amount of the lost wages and
benefits.
4. The court shall award reasonable costs, including court
costs and attorney’s fees to the prevailing party in an action
brought pursuant to this section.
5. The remedy provided for in this section is the exclusive
remedy for an action brought pursuant to this section.
6. As used in this section:
(a) “Display of the flag of the United States” means a flag of
the United States that is:
(1) Made of cloth, fabric, paper, plastic or metal;
(2) Displayed:
(I) From a pole or staff or in a window; or
(II) In the form of a brooch, button, pin, sticker,
transfer or transparency;
(3) If applicable, displayed in a manner that is consistent
with 4 U.S.C. chapter 1; and
(4) Of a size to allow the flag, or depiction thereof, to be
displayed in the workplace without undue disruption or the
creation of a safety hazard.
(b) “Local government employer” has the meaning ascribed to
it in NRS 288.060.
Sec. 12. 1. Any provision in:
(a) An ordinance, regulation or plan of a governing body
described in section 1 of this act;
(b) A covenant, condition or restriction described in section 3 of
this act;
(c) A governing document of an executive board of a common
-interest community described in section 4 of this act;
(d) A rental agreement or policy of a landlord described in
section 5 or 8 of this act; or
(e) An employee handbook or policy of a local government
employer described in section 11 of this act,
that is in effect on the effective date of this act and which is contrary
to the provisions of this act is void and unenforceable.
2. On or before October 1, 2003, the persons or entities
described in this subsection shall review and amend as necessary to
ensure compliance with the provisions of this act:
(a) In the case of a governing body described in section 1 of this
act, the ordinances, regulations and plans of the governing body.
(b) In the case of an executive board of a common-interest
community described in section 4 of this act, the governing
documents of the common-interest community.
(c) In the case of a landlord described in section 5 or 8 of this
act, the policies of the landlord.
(d) In the case of a local government employer described in
section 11 of this act, the employee handbooks, if any, and policies
of the employer.
3. A landlord described in section 5 or 8 of this act shall review
his rental agreements that are in effect on the effective date of this
act to ensure compliance with the provisions of this act and, on or
before the date for renewal of such an agreement:
(a) Remove any provision of such an agreement that is void and
unenforceable pursuant to subsection 1; and
(b) Add the information required by paragraph (n) of subsection
2 of NRS 118A.200, as amended by section 7 of this act, or
paragraph (n) of subsection 2 of NRS 118B.040, as amended by
section 9 of this act, as applicable.
4. Between the effective date of this act and the date on which
a landlord described in section 5 or 8 of this act brings his rental
agreements into compliance with this act pursuant to subsection 3,
the landlord shall:
(a) Provide notice of the right of a tenant to engage in the
display of the flag of the United States, as set forth in section 5 or 8
of this act, as applicable, to each tenant who is subject to such an
agreement; or
(b) Post a notice of the right of a tenant to engage in the display
of the flag of the United States, as set forth in section 5 or 8 of this
act, as applicable, in a conspicuous and readily accessible place on
the property or in the park.
Sec. 13. This act becomes effective upon passage and
approval.
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