(Reprinted with amendments adopted on April 19, 2023)
FIRST REPRINT S.B. 21
- *SB21_R1*
SENATE BILL NO. 21–COMMITTEE ON GOVERNMENT AFFAIRS
(ON BEHALF OF THE NEVADA ASSOCIATION OF COUNTIES)
PREFILED NOVEMBER 16, 2022
____________
Referred to Committee on Government Affairs
SUMMARY—Revises certain classifications based on populations.
(BDR 20-391)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to classifications based on population; revising the
population bases that apply to certain provisions of the
Nevada Revised Statutes; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, except as otherwise provided or required by the 1
context, “population” is defined for the entire Nevada Revised Statutes as the 2
number of people in a specified area as determined by the last preceding national 3
decennial census conducted by the Bureau of the Census of the United States 4
Department of Commerce pursuant to the United States Constitution and as 5
reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050) 6
The Nevada Supreme Court has upheld classifications in statutes based on the 7
population of entities if the classification is rationally related to the subject matter 8
and purpose of the statute, applies prospectively to all such entities that might come 9
within its designated class and does not create an odious, absurd or bizarre 10
distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This 11
bill revises the classifications of populations in certain provisions of the Nevada 12
Revised Statutes in order to determine whether such classifications continue to 13
meet the conditions expressed by the Nevada Supreme Court. 14
– 2 –
- *SB21_R1*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.1507 is hereby amended to read as 1
follows: 2
244.1507 1. Except as otherwise provided in subsection 2, 3
the board of county commissioners of a county whose population is 4
less than [45,000] 52,000 may by ordinance direct that: 5
(a) The powers and duties of two or more county offices be 6
combined into one county office. 7
(b) The powers and duties of one county office be allocated 8
between two or more county offices. 9
2. A board of county commissioners shall not take the action 10
described in subsection 1 unless: 11
(a) The board determines that the combining or separating of the 12
applicable county offices will benefit the public; 13
(b) The board determines that the combining or separating of the 14
applicable county offices will not create: 15
(1) An ethical, legal or practical conflict of interest; or 16
(2) A situation in which the powers and duties assigned to a 17
county office are incompatible with the proper performance of that 18
office in the public interest; 19
(c) The board submits to the residents of the county, in the form 20
of an advisory ballot question pursuant to NRS 295.230, a proposal 21
to combine or separate the applicable county offices; and 22
(d) A majority of the voters voting on the advisory ballot 23
question approves the proposal. 24
3. If the combining or separating of county offices pursuant to 25
this section will result in the elimination of one or more county 26
offices, the combining or separating of offices must not become 27
effective until the earlier of the date on which: 28
(a) The normal term of office of the person whose office will be 29
eliminated expires; or 30
(b) The person whose office will be eliminated resigns. 31
4. If the combining or separating of county offices pursuant to 32
this section results in the powers and duties of one county office 33
being transferred to another county office, the county office to 34
which the powers and duties are transferred shall be deemed to be 35
the county office from which the powers and duties were transferred 36
for the purposes of any applicable provision of law authorizing or 37
requiring the performance or exercise of those powers and duties, as 38
appropriate. 39
Sec. 2. NRS 244.2795 is hereby amended to read as follows: 40
244.2795 1. Except as otherwise provided in NRS 244.189, 41
244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 42
– 3 –
- *SB21_R1*
244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and 1
subsection 3 of NRS 496.080, except as otherwise required by 2
federal law, except as otherwise required pursuant to a cooperative 3
agreement entered into pursuant to NRS 277.050 or 277.053 or an 4
interlocal agreement in existence on or before October 1, 2004, 5
except if the board of county commissioners is entering into a joint 6
development agreement for real property owned by the county to 7
which the board of county commissioners is a party, except for a 8
lease of residential property with a term of 1 year or less, except for 9
the sale or lease of real property to a public utility, as defined in 10
NRS 704.020, to be used for a public purpose, except for the sale or 11
lease of real property to the State or another governmental entity and 12
except for the sale or lease of real property larger than 1 acre which 13
is approved by the voters at a primary or general election or special 14
election, the board of county commissioners shall, when offering 15
any real property for sale or lease: 16
(a) Except as otherwise provided in this paragraph and 17
paragraph (h) of subsection 1 of NRS 244.281, obtain two 18
independent appraisals of the real property before selling or leasing 19
it. If the board of county commissioners holds a public hearing on 20
the matter of the fair market value of the real property, one 21
independent appraisal of the real property is sufficient before selling 22
or leasing it. The appraisal or appraisals, as applicable, must have 23
been prepared not more than 6 months before the date on which the 24
real property is offered for sale or lease. 25
(b) Select the one independent appraiser or two independent 26
appraisers, as applicable, from the list of appraisers established 27
pursuant to subsection 2. 28
(c) Verify the qualifications of each appraiser selected pursuant 29
to paragraph (b). The determination of the board of county 30
commissioners as to the qualifications of the appraiser is conclusive. 31
2. The board of county commissioners shall adopt by ordinance 32
the procedures for creating or amending a list of appraisers qualified 33
to conduct appraisals of real property offered for sale or lease by the 34
board. The list must: 35
(a) Contain the names of all persons qualified to act as a general 36
appraiser in the same county as the real property that may be 37
appraised; and 38
(b) Be organized at random and rotated from time to time. 39
3. An appraiser chosen pursuant to subsection 1 must provide a 40
disclosure statement which includes, without limitation, all sources 41
of income that may constitute a conflict of interest and any 42
relationship with the real property owner or the owner of an 43
adjoining real property. 44
– 4 –
- *SB21_R1*
4. An appraiser shall not perform an appraisal on any real 1
property for sale or lease by the board of county commissioners if: 2
(a) The appraiser has an interest in the real property or an 3
adjoining property; 4
(b) The real property is located in a county whose population is 5
[45,000] 52,000 or more and any person who is related to the 6
appraiser has an interest in the real property or an adjoining property 7
and the relationship between the appraiser and the person is within 8
the third degree of consanguinity or affinity; or 9
(c) The real property is located in a county whose population is 10
less than [45,000] 52,000 and any person who is related to the 11
appraiser has an interest in the real property or an adjoining property 12
and the relationship between the appraiser and the person is within 13
the second degree of consanguinity or affinity. 14
5. If real property is sold or leased in violation of the 15
provisions of this section: 16
(a) The sale or lease is void; and 17
(b) Any change to an ordinance or law governing the zoning or 18
use of the real property is void if the change takes place within 5 19
years after the date of the void sale or lease. 20
Sec. 3. NRS 244.2815 is hereby amended to read as follows: 21
244.2815 1. A board of county commissioners may sell, lease 22
or otherwise dispose of real property for the purposes of 23
redevelopment or economic development: 24
(a) Without first offering the real property to the public; and 25
(b) For less than fair market value of the real property. 26
2. Before a board of county commissioners may sell, lease or 27
otherwise dispose of real property pursuant to this section, the board 28
must: 29
(a) Except as otherwise provided in subsection 3, obtain an 30
appraisal of the real property pursuant to NRS 244.2795; and 31
(b) Adopt a resolution finding that it is in the best interest of the 32
public to sell, lease or otherwise dispose of the real property: 33
(1) Without offering the real property to the public; and 34
(2) For less than fair market value of the real property. 35
3. The board of county commissioners of a county whose 36
population is less than [45,000] 52,000 may lease real property 37
pursuant to this section without obtaining the appraisal otherwise 38
required pursuant to subsection 2 if: 39
(a) The real property was acquired by the county directly from 40
the Federal Government; and 41
(b) The terms and conditions under which the real property was 42
acquired prohibit the sale of the real property and provide for the 43
reversion of the title to the real property to the Federal Government 44
upon demand by the Federal Government. 45
– 5 –
- *SB21_R1*
4. As used in this section: 1
(a) “Economic development” means: 2
(1) The establishment of new commercial enterprises or 3
facilities within the county; 4
(2) The support, retention or expansion of existing 5
commercial enterprises or facilities within the county; 6
(3) The establishment, retention or expansion of public, 7
quasi-public or other facilities or operations within the county; 8
(4) The establishment of residential housing needed to 9
support the establishment of new commercial enterprises or 10
facilities or the expansion of existing commercial enterprises or 11
facilities; or 12
(5) Any combination of the activities described in 13
subparagraphs (1) to (4), inclusive, 14
to create and retain opportunities of employment for the residents 15
of the county. 16
(b) “Redevelopment” has the meaning ascribed to it in 17
NRS 279.408. 18
Sec. 4. NRS 244A.7645 is hereby amended to read as follows: 19
244A.7645 1. If a surcharge is imposed pursuant to NRS 20
244A.7643 in a county whose population is 100,000 or more, the 21
board of county commissioners of that county shall establish by 22
ordinance an advisory committee to develop a plan to enhance the 23
telephone system for reporting an emergency in that county and to 24
oversee any money allocated for that purpose. The advisory 25
committee must: 26
(a) Consist of not less than five members who: 27
(1) Are residents of the county; 28
(2) Possess knowledge concerning telephone systems for 29
reporting emergencies; and 30
(3) Are not elected public officers. 31
(b) Subject to the provisions of subparagraph (3) of paragraph 32
(a), include the chief law enforcement officer or his or her designee 33
from each office of the county sheriff, metropolitan police 34
department, police department of an incorporated city within the 35
county and department, division or municipal court of a city or town 36
that employs marshals within the county, as applicable. 37
2. If a surcharge is imposed pursuant to NRS 244A.7643 in a 38
county whose population is less than 100,000, the board of county 39
commissioners of that county shall establish by ordinance an 40
advisory committee to develop a plan to enhance or improve the 41
telephone system for reporting an emergency in that county and to 42
oversee any money allocated for that purpose. The advisory 43
committee must: 44
(a) Consist of not less than five members who: 45
– 6 –
- *SB21_R1*
(1) Are residents of the county; 1
(2) Possess knowledge concerning telephone systems for 2
reporting emergencies; and 3
(3) Are not elected public officers. 4
(b) Include a representative of an incumbent local exchange 5
carrier which provides service to persons in that county. As used in 6
this paragraph, “incumbent local exchange carrier” has the meaning 7
ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on 8
October 1, 1999, and includes a local exchange carrier that is treated 9
as an incumbent local exchange carrier pursuant to that section. 10
(c) Subject to the provisions of subparagraph (3) of paragraph 11
(a), include the chief law enforcement officer or his or her designee 12
from each office of the county sheriff, metropolitan police 13
department, police department of an incorporated city within the 14
county and department, division or municipal court of a city or town 15
that employs marshals within the county, as applicable. 16
3. If a surcharge is imposed in a county pursuant to NRS 17
244A.7643, the board of county commissioners of that county shall 18
create a special revenue fund of the county for the deposit of the 19
money collected pursuant to NRS 244A.7643. The money in the 20
fund must be used only: 21
(a) To pay the costs of adopting and reviewing the 5-year master 22
plan for the enhancement of the telephone system for reporting 23
emergencies in the county that is required pursuant to 24
NRS 244A.7643. 25
(b) With respect to the telephone system for reporting an 26
emergency: 27
(1) In a county whose population is [45,000] 52,000 or more, 28
to enhance the telephone system for reporting an emergency, 29
including only: 30
(I) Paying recurring and nonrecurring charges for 31
telecommunication services necessary for the operation of the 32
enhanced telephone system; 33
(II) Paying costs for personnel and training associated 34
with the routine maintenance and updating of the database for the 35
system; 36
(III) Purchasing, leasing or renting the equipment and 37
software necessary to operate the enhanced telephone system, 38
including, without limitation, equipment and software that identify 39
the number or location from which a call is made; and 40
(IV) Paying costs associated with any maintenance, 41
upgrade and replacement of equipment and software necessary for 42
the operation of the enhanced telephone system. 43
– 7 –
- *SB21_R1*
(2) In a county whose population is less than [45,000,] 1
52,000, to improve the telephone system for reporting an emergency 2
in the county. 3
(c) With respect to purchasing and maintaining portable event 4
recording devices and vehicular event recording devices, to pay: 5
(1) By an entity described in this subparagraph, costs 6
associated with the acquisition, maintenance, storage of data, 7
upgrade and replacement of equipment and software necessary for 8
the operation of portable event recording devices and vehicular 9
event recording devices or systems that consist of both portable 10
event recording devices and vehicular event recording devices. 11
Money may be expended pursuant to this subparagraph for the 12
purchase and maintenance of portable event recording devices or 13
vehicular event recording devices only by: 14
(I) The sheriff’s office of a county; 15
(II) A metropolitan police department; 16
(III) A police department of an incorporated city; 17
(IV) A department, division or municipal court of a city 18
or town that employs marshals; 19
(V) A department of alternative sentencing; or 20
(VI) A county school district that employs school police 21
officers. 22
(2) Costs for personnel and training associated with 23
maintaining, updating and operating the equipment, hardware and 24
software necessary for portable event recording devices and 25
vehicular event recording devices or systems that consist of both 26
portable event recording devices and vehicular event recording 27
devices. 28
(3) Costs for personnel and training associated with the 29
maintenance, retention and redaction of audio and video events 30
recorded on portable event recording devices and vehicular event 31
recording devices or systems that consist of both portable event 32
recording devices and vehicular event recording devices. 33
(d) To pay any costs associated with performing an analysis or 34
audit pursuant to NRS 244A.7648 of the surcharges collected by 35
telecommunications providers. 36
4. For the purposes described in subsection 3, money in the 37
fund must be expended in the following order of priority: 38
(a) Paying the costs authorized pursuant to paragraph (a) of 39
subsection 3 to adopt and review the 5-year master plan. 40
(b) If the county performs an analysis or audit described in NRS 41
244A.7648, paying the costs associated authorized pursuant to 42
paragraph (d) of subsection 3. 43
(c) Paying the costs authorized pursuant to paragraph (b) of 44
subsection 3. 45
– 8 –
- *SB21_R1*
(d) If the county has imposed a portion of the surcharge for 1
purposes of purchasing and maintaining portable event recording 2
devices and vehicular event recording devices: 3
(1) Paying the costs authorized pursuant to paragraph (c) of 4
subsection 3 other than costs related to personnel and training. 5
(2) Paying the costs authorized pursuant to paragraph (c) of 6
subsection 3 related to personnel. 7
(3) Paying the costs authorized pursuant to paragraph (c) of 8
subsection 3 related to training. 9
5. If money in the fund is distributed to a recipient and: 10
(a) The recipient has not used the money for any purpose 11
authorized pursuant to subsection 3 within 6 months, the recipient 12
must: 13
(1) Notify the board of county commissioners and the 14
advisory committee; and 15
(2) Return the unused money. 16
(b) The recipient used any portion of the money for a purpose 17
that is not authorized pursuant to subsection 3, the recipient must: 18
(1) Notify the board of county commissioners and the 19
advisory committee; and 20
(2) Repay the portion of the money that was used for a 21
purpose not authorized pursuant to subsection 3. 22
(c) The recipient was not entitled to receive all or a portion of 23
the money, the recipient must: 24
(1) Notify the board of county commissioners and the 25
advisory committee; and 26
(2) Repay all money to which the recipient was not entitled 27
to receive. 28
6. If the balance in the fund created in a county whose 29
population is 100,000 or more pursuant to subsection 3 which has 30
not been committed for expenditure exceeds $5,000,000 at the end 31
of any fiscal year, the board of county commissioners shall 32
reduce the amount of the surcharge imposed during the next fiscal 33
year by the amount necessary to ensure that the unencumbered 34
balance in the fund at the end of the next fiscal year does not exceed 35
$5,000,000. 36
7. If the balance in the fund created in a county whose 37
population is [45,000] 52,000 or more but less than 100,000 38
pursuant to subsection 3 which has not been committed for 39
expenditure exceeds $1,000,000 at the end of any fiscal year, the 40
board of county commissioners shall reduce the amount of the 41
surcharge imposed during the next fiscal year by the amount 42
necessary to ensure that the unencumbered balance in the fund at the 43
end of the next fiscal year does not exceed $1,000,000. 44
– 9 –
- *SB21_R1*
8. If the balance in the fund created in a county whose 1
population is less than [45,000] 52,000 pursuant to subsection 3 2
which has not been committed for expenditure exceeds $500,000 at 3
the end of any fiscal year, the board of county commissioners shall 4
reduce the amount of the surcharge imposed during the next fiscal 5
year by the amount necessary to ensure that the unencumbered 6
balance in the fund at the end of the next fiscal year does not exceed 7
$500,000. 8
Sec. 5. NRS 248.040 is hereby amended to read as follows: 9
248.040 1. Except as provided in NRS 248.045, each sheriff 10
may: 11
(a) Appoint, in writing signed by him or her, one or more 12
deputies, who may perform all the duties devolving on the sheriff of 13
the county and such other duties as the sheriff may from time to 14
time direct. The appointment of a deputy sheriff must not be 15
construed to confer upon that deputy policymaking authority for the 16
office of the sheriff or the county by which the deputy sheriff is 17
employed. 18
(b) Except as otherwise provided in this paragraph, only remove 19
a deputy who has completed a probationary period of 12 months for 20
cause. A deputy who functions as the head of a department or an 21
administrative employee or who has not completed the probationary 22
period may be removed at the sheriff’s pleasure. 23
2. For the purposes of paragraph (b) of subsection 1, in any 24
county whose population is less than [45,000,] 52,000, “cause” 25
includes, without limitation: 26
(a) Failure to be certified by the Peace Officers’ Standards and 27
Training Commission within the time required by NRS 289.550; 28
(b) Loss of the certification by the Peace Officers’ Standards 29
and Training Commission required by NRS 289.550; or 30
(c) Failure to maintain a valid driver’s license. 31
This subsection does not limit or impair any internal grievance 32
procedure, grievance procedure negotiated pursuant to chapter 288 33
of NRS or administrative remedy otherwise available to a deputy. 34
3. No deputy sheriff is qualified to act as such unless he or she 35
has taken an oath to discharge the duties of the office faithfully and 36
impartially. The oath, together with the written appointment, must 37
be recorded in the office of the recorder of the county within which 38
the sheriff legally holds and exercises office. Revocations of such 39
appointments must be recorded as provided in this subsection. From 40
the time of the recording of the appointments or revocations therein, 41
persons shall be deemed to have notice of the appointments or 42
revocations. 43
4. The sheriff may require of his or her deputies such bonds as 44
to the sheriff seem proper. 45
– 10 –
- *SB21_R1*
Sec. 6. NRS 241.020 is hereby amended to read as follows: 1
241.020 1. Except as otherwise provided by specific statute, 2
all meetings of public bodies must be open and public, and all 3
persons must be permitted to attend any meeting of these public 4
bodies at a physical location or by means of a remote technology 5
system. A meeting that is closed pursuant to a specific statute may 6
only be closed to the extent specified in the statute allowing the 7
meeting to be closed. All other portions of the meeting must be open 8
and public, and the public body must comply with all other 9
provisions of this chapter to the extent not specifically precluded by 10
the specific statute. Public officers and employees responsible for 11
these meetings shall make reasonable efforts to assist and 12
accommodate persons with physical disabilities desiring to attend. 13
2. If any portion of a meeting is open to the public, the public 14
officers and employees responsible for the meeting must make 15
reasonable efforts to ensure the facilities for the meeting are large 16
enough to accommodate the anticipated number of attendees. No 17
violation of this chapter occurs if a member of the public is not 18
permitted to attend a public meeting because the facilities for the 19
meeting have reached maximum capacity if reasonable efforts were 20
taken to accommodate the anticipated number of attendees. Nothing 21
in this subsection requires a public body to incur any costs to secure 22
a facility outside the control or jurisdiction of the public body or to 23
upgrade, improve or otherwise modify an existing facility to 24
accommodate the anticipated number of attendees. 25
3. Except in an emergency, written notice of all meetings must 26
be given at least 3 working days before the meeting. The notice 27
must include: 28
(a) The time, place and location of the meeting. If the meeting is 29
held using a remote technology system pursuant to NRS 241.023 30
and has no physical location, the notice must include information on 31
how a member of the public may: 32
(1) Use the remote technology system to hear and observe 33
the meeting; 34
(2) Participate in the meeting by telephone; and 35
(3) Provide live public comment during the meeting and, if 36
authorized by the public body, provide prerecorded public comment. 37
(b) A list of the locations where the notice has been posted. 38
(c) The name, contact information and business address for the 39
person designated by the public body from whom a member of the 40
public may request the supporting material for the meeting 41
described in subsection 7 and: 42
(1) A list of the locations where the supporting material is 43
available to the public; or 44
– 11 –
- *SB21_R1*
(2) Information about how the supporting material may be 1
found on the Internet website of the public body. 2
(d) An agenda consisting of: 3
(1) A clear and complete statement of the topics scheduled to 4
be considered during the meeting. 5
(2) A list describing the items on which action may be taken 6
and clearly denoting that action may be taken on those items by 7
placing the term “for possible action” next to the appropriate item 8
or, if the item is placed on the agenda pursuant to NRS 241.0365, by 9
placing the term “for possible corrective action” next to the 10
appropriate item. 11
(3) Periods devoted to comments by the general public, if 12
any, and discussion of those comments. Comments by the general 13
public must be taken: 14
(I) At the beginning of the meeting before any items on 15
which action may be taken are heard by the public body and again 16
before the adjournment of the meeting; or 17
(II) After each item on the agenda on which action may 18
be taken is discussed by the public body, but before the public body 19
takes action on the item. 20
The provisions of this subparagraph do not prohibit a public body 21
from taking comments by the general public in addition to what is 22
required pursuant to sub-subparagraph (I) or (II). Regardless of 23
whether a public body takes comments from the general public 24
pursuant to sub-subparagraph (I) or (II), the public body must allow 25
the general public to comment on any matter that is not specifically 26
included on the agenda as an action item at some time before 27
adjournment of the meeting. No action may be taken upon a matter 28
raised during a period devoted to comments by the general public 29
until the matter itself has been specifically included on an agenda as 30
an item upon which action may be taken pursuant to 31
subparagraph (2). 32
(4) If any portion of the meeting will be closed to consider 33
the character, alleged misconduct or professional competence of a 34
person, the name of the person whose character, alleged misconduct 35
or professional competence will be considered. 36
(5) If, during any portion of the meeting, the public body will 37
consider whether to take administrative action regarding a person, 38
the name of that person. 39
(6) Notification that: 40
(I) Items on the agenda may be taken out of order; 41
(II) The public body may combine two or more agenda 42
items for consideration; and 43
– 12 –
- *SB21_R1*
(III) The public body may remove an item from the 1
agenda or delay discussion relating to an item on the agenda at any 2
time. 3
(7) Any restrictions on comments by the general public. Any 4
such restrictions must be reasonable and may restrict the time, place 5
and manner of the comments, but may not restrict comments based 6
upon viewpoint. 7
4. Minimum public notice is: 8
(a) Posting a copy of the notice at the principal office of the 9
public body. If the meeting is held using a remote technology 10
system pursuant to NRS 241.023 and has no physical location, 11
the public body must also post the notice to the Internet website 12
of the public body not later than 9 a.m. of the third working day 13
before the meeting is to be held unless the public body is unable to 14
do so because of technical problems relating to the operation or 15
maintenance of the Internet website of the public body. 16
(b) Posting the notice on the official website of the State 17
pursuant to NRS 232.2175 not later than 9 a.m. of the third working 18
day before the meeting is to be held, unless the public body is 19
unable to do so because of technical problems relating to the 20
operation or maintenance of the official website of the State. 21
(c) Providing a copy of the notice to any person who has 22
requested notice of the meetings of the public body. A request for 23
notice lapses 6 months after it is made. The public body shall inform 24
the requester of this fact by enclosure with, notation upon or text 25
included within the first notice sent. The notice must be: 26
(1) Delivered to the postal service used by the public body 27
not later than 9 a.m. of the third working day before the meeting for 28
transmittal to the requester by regular mail; or 29
(2) Transmitted to the requester by electronic mail sent not 30
later than 9 a.m. of the third working day before the meeting. 31
5. For each of its meetings, a public body shall document in 32
writing that the public body complied with the minimum public 33
notice required by paragraph (a) of subsection 4. The documentation 34
must be prepared by every person who posted a copy of the public 35
notice and include, without limitation: 36
(a) The date and time when the person posted the copy of the 37
public notice; 38
(b) The address of the location where the person posted the copy 39
of the public notice; and 40
(c) The name, title and signature of the person who posted the 41
copy of the notice. 42
6. Except as otherwise provided in paragraph (a) of subsection 43
4, if a public body maintains a website on the Internet or its 44
successor, the public body shall post notice of each of its meetings 45
– 13 –
- *SB21_R1*
on its website unless the public body is unable to do so because of 1
technical problems relating to the operation or maintenance of its 2
website. Notice posted pursuant to this subsection is supplemental to 3
and is not a substitute for the minimum public notice required 4
pursuant to subsection 4. The inability of a public body to post 5
notice of a meeting pursuant to this subsection as a result of 6
technical problems with its website shall not be deemed to be a 7
violation of the provisions of this chapter. 8
7. Upon any request, a public body shall provide, at no charge, 9
at least one copy of: 10
(a) An agenda for a public meeting; 11
(b) A proposed ordinance or regulation which will be discussed 12
at the public meeting; and 13
(c) Subject to the provisions of subsection 8 or 9, as applicable, 14
any other supporting material provided to the members of the public 15
body for an item on the agenda, except materials: 16
(1) Submitted to the public body pursuant to a nondisclosure 17
or confidentiality agreement which relates to proprietary 18
information; 19
(2) Pertaining to the closed portion of such a meeting of the 20
public body; or 21
(3) Declared confidential by law, unless otherwise agreed to 22
by each person whose interest is being protected under the order of 23
confidentiality. 24
The public body shall make at least one copy of the documents 25
described in paragraphs (a), (b) and (c) available to the public at the 26
meeting to which the documents pertain. As used in this subsection, 27
“proprietary information” has the meaning ascribed to it in 28
NRS 332.025. 29
8. Unless it must be made available at an earlier time pursuant 30
to NRS 288.153, a copy of supporting material required to be 31
provided upon request pursuant to paragraph (c) of subsection 7 32
must be: 33
(a) If the supporting material is provided to the members of the 34
public body before the meeting, made available to the requester at 35
the time the material is provided to the members of the public body; 36
or 37
(b) If the supporting material is provided to the members of the 38
public body at the meeting, made available at the meeting to the 39
requester at the same time the material is provided to the members 40
of the public body. 41
If the requester has agreed to receive the information and material 42
set forth in subsection 7 by electronic mail, the public body shall, if 43
feasible, provide the information and material by electronic mail. 44
– 14 –
- *SB21_R1*
9. Unless the supporting material must be posted at an earlier 1
time pursuant to NRS 288.153, and except as otherwise provided in 2
subsection 11, the governing body of a county or city whose 3
population is [45,000] 52,000 or more shall post the supporting 4
material described in paragraph (c) of subsection 7 to its website not 5
later than the time the material is provided to the members of the 6
governing body or, if the supporting material is provided to the 7
members of the governing body at a meeting, not later than 24 hours 8
after the conclusion of the meeting. Such posting is supplemental to 9
the right of the public to request the supporting material pursuant to 10
subsection 7. The inability of the governing body, as a result of 11
technical problems with its website, to post supporting material 12
pursuant to this subsection shall not be deemed to be a violation of 13
the provisions of this chapter. 14
10. Except as otherwise provided in subsection 11, a public 15
body may provide the public notice, information or supporting 16
material required by this section by electronic mail. Except as 17
otherwise provided in this subsection, if a public body makes such 18
notice, information or supporting material available by electronic 19
mail, the public body shall inquire of a person who requests the 20
notice, information or supporting material if the person will accept 21
receipt by electronic mail. If a public body is required to post the 22
public notice, information or supporting material on its website 23
pursuant to this section, the public body shall inquire of a person 24
who requests the notice, information or supporting material if the 25
person will accept by electronic mail a link to the posting on the 26
website when the documents are made available. The inability of a 27
public body, as a result of technical problems with its electronic 28
mail system, to provide a public notice, information or supporting 29
material or a link to a website required by this section to a person 30
who has agreed to receive such notice, information, supporting 31
material or link by electronic mail shall not be deemed to be a 32
violation of the provisions of this chapter. 33
11. If a public body holds a meeting using a remote technology 34
system pursuant to NRS 241.023 and has no physical location for 35
the meeting, the public body must: 36
(a) Have an Internet website; and 37
(b) Post to its Internet website: 38
(1) The public notice required by this section; and 39
(2) Supporting material not later than the time the material is 40
provided to the members of the governing body or, if the supporting 41
material is provided to the members of the governing body at a 42
meeting, not later than 24 hours after the conclusion of the meeting. 43
The inability of the governing body, as a result of technical 44
problems with its Internet website, to post supporting material 45
– 15 –
- *SB21_R1*
pursuant to this subsection shall not be deemed to be a violation of 1
the provisions of this chapter. 2
12. As used in this section, “emergency” means an unforeseen 3
circumstance which requires immediate action and includes, but is 4
not limited to: 5
(a) Disasters caused by fire, flood, earthquake or other natural 6
causes; or 7
(b) Any impairment of the health and safety of the public. 8
Sec. 7. NRS 241.0355 is hereby amended to read as follows: 9
241.0355 1. A public body that is required to be composed of 10
elected officials only may not take action by vote unless at least a 11
majority of all the members of the public body vote in favor of the 12
action. For purposes of this subsection, a public body may not count 13
an abstention as a vote in favor of an action. 14
2. In a county whose population is [45,000] 52,000 or more, 15
the provisions of subsection 5 of NRS 281A.420 do not apply to a 16
public body that is required to be composed of elected officials only, 17
unless before abstaining from the vote, the member of the public 18
body receives and discloses the opinion of the legal counsel 19
authorized by law to provide legal advice to the public body that the 20
abstention is required pursuant to NRS 281A.420. The opinion of 21
counsel must be in writing and set forth with specificity the factual 22
circumstances and analysis leading to that conclusion. 23
Sec. 8. NRS 268.059 is hereby amended to read as follows: 24
268.059 1. Except as otherwise provided in NRS 268.048 to 25
268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and 26
subsection 4 of NRS 496.080, except as otherwise required by 27
federal law, except as otherwise required pursuant to a cooperative 28
agreement entered into pursuant to NRS 277.050 or 277.053 or an 29
interlocal agreement in existence on October 1, 2004, except if the 30
governing body is entering into a joint development agreement for 31
real property owned by the city to which the governing body is a 32
party, except for a lease of residential property with a term of 1 year 33
or less, except for the sale or lease of real property to a public 34
utility, as defined in NRS 704.020, to be used for a public purpose, 35
except for the sale or lease of real property to the State or another 36
governmental entity and except for the sale or lease of real property 37
larger than 1 acre which is approved by the voters at a primary or 38
general election, primary or general city election or special election, 39
the governing body shall, when offering any real property for sale or 40
lease: 41
(a) Except as otherwise provided in this paragraph and 42
paragraph (h) of subsection 1 of NRS 268.061, obtain two 43
independent appraisals of the real property before selling or leasing 44
it. If the governing body holds a public hearing on the matter of the 45
– 16 –
- *SB21_R1*
fair market value of the real property, one independent appraisal of 1
the real property is sufficient before selling or leasing it. The 2
appraisal or appraisals, as applicable, must be based on the zoning 3
of the real property as set forth in the master plan for the city and 4
must have been prepared not more than 6 months before the date on 5
which real property is offered for sale or lease. 6
(b) Select the one independent appraiser or two independent 7
appraisers, as applicable, from the list of appraisers established 8
pursuant to subsection 2. 9
(c) Verify the qualifications of each appraiser selected pursuant 10
to paragraph (b). The determination of the governing body as to the 11
qualifications of the appraiser is conclusive. 12
2. The governing body shall adopt by ordinance the procedures 13
for creating or amending a list of appraisers qualified to conduct 14
appraisals of real property offered for sale or lease by the governing 15
body. The list must: 16
(a) Contain the names of all persons qualified to act as a general 17
appraiser in the same county as the real property that may be 18
appraised; and 19
(b) Be organized at random and rotated from time to time. 20
3. An appraiser chosen pursuant to subsection 1 must provide a 21
disclosure statement which includes, without limitation, all sources 22
of income of the appraiser that may constitute a conflict of interest 23
and any relationship of the appraiser with the property owner or the 24
owner of an adjoining property. 25
4. An appraiser shall not perform an appraisal on any real 26
property offered for sale or lease by the governing body if: 27
(a) The appraiser has an interest in the real property or an 28
adjoining property; 29
(b) The real property is located in a city in a county whose 30
population is [45,000] 52,000 or more and any person who is related 31
to the appraiser has an interest in the real property or an adjoining 32
property and the relationship between the appraiser and the person is 33
within the third degree of consanguinity or affinity; or 34
(c) The real property is located in a city in a county whose 35
population is less than [45,000] 52,000 and any person who is 36
related to the appraiser has an interest in the real property or an 37
adjoining property and the relationship between the appraiser and 38
the person is within the second degree of consanguinity or affinity. 39
5. If real property is sold or leased in violation of the 40
provisions of this section: 41
(a) The sale or lease is void; and 42
(b) Any change to an ordinance or law governing the zoning or 43
use of the real property is void if the change takes place within 5 44
years after the date of the void sale or lease. 45
– 17 –
- *SB21_R1*
Sec. 9. NRS 278.02095 is hereby amended to read as follows: 1
278.02095 1. Except as otherwise provided in this section, in 2
an ordinance relating to the zoning of land adopted or amended by a 3
governing body, the definition of “single-family residence” must 4
include a manufactured home. 5
2. Notwithstanding the provisions of subsection 1, a governing 6
body shall adopt standards for the placement of a manufactured 7
home that will not be affixed to a lot within a mobile home park 8
which require that: 9
(a) The manufactured home: 10
(1) Be permanently affixed to a residential lot; 11
(2) Be manufactured within the 6 years immediately 12
preceding the date on which it is affixed to the residential lot; 13
(3) Have exterior siding and roofing which is similar in 14
color, material and appearance to the exterior siding and roofing 15
primarily used on other single-family residential dwellings in the 16
immediate vicinity of the manufactured home, as established by the 17
governing body; 18
(4) Consist of more than one section; and 19
(5) Consist of at least 1,200 square feet of living area unless 20
the governing body, by administrative variance or other expedited 21
procedure established by the governing body, approves a lesser 22
amount of square footage based on the size or configuration of the 23
lot or the square footage of single-family residential dwellings in the 24
immediate vicinity of the manufactured home; and 25
(b) If the manufactured home has an elevated foundation, the 26
foundation is masked architecturally in a manner determined by the 27
governing body. 28
The governing body of a local government in a county whose 29
population is less than [45,000] 52,000 may adopt standards that are 30
less restrictive than the standards set forth in this subsection. 31
3. Standards adopted by a governing body pursuant to 32
subsection 2 must be objective and documented clearly and must not 33
be adopted to discourage or impede the construction or provision of 34
affordable housing, including, without limitation, the use of 35
manufactured homes for affordable housing. 36
4. Before a building department issues a permit to place a 37
manufactured home on a lot pursuant to this section, other than a 38
new manufactured home, the owner must surrender the certificate of 39
ownership to the Housing Division of the Department of Business 40
and Industry. The Division shall provide proof of such a surrender 41
to the owner who must submit that proof to the building department. 42
5. The provisions of this section do not abrogate a recorded 43
restrictive covenant prohibiting manufactured homes, nor do the 44
provisions apply within the boundaries of a historic district 45
– 18 –
- *SB21_R1*
established pursuant to NRS 384.005 or 384.100. An application to 1
place a manufactured home on a residential lot pursuant to this 2
section constitutes an attestation by the owner of the lot that the 3
placement complies with all covenants, conditions and restrictions 4
placed on the lot and that the lot is not located within a historic 5
district. 6
6. As used in this section: 7
(a) “Manufactured home” has the meaning ascribed to it in 8
NRS 489.113. 9
(b) “New manufactured home” has the meaning ascribed to it in 10
NRS 489.125. 11
Sec. 10. NRS 278.030 is hereby amended to read as follows: 12
278.030 1. The governing body of each city whose 13
population is 25,000 or more and of each county whose population 14
is [45,000] 52,000 or more shall create by ordinance a planning 15
commission to consist of seven members. 16
2. Cities whose population is less than 25,000 and counties 17
whose population is less than [45,000] 52,000 may create by 18
ordinance a planning commission to consist of seven members. If 19
the governing body of any city whose population is less than 25,000 20
or of any county whose population is less than [45,000] 52,000 21
deems the creation of a planning commission unnecessary or 22
inadvisable, the governing body may, in lieu of creating a planning 23
commission as provided in this subsection, perform all the functions 24
and have all of the powers which would otherwise be granted to and 25
be performed by the planning commission. 26
Sec. 11. NRS 293.464 is hereby amended to read as follows: 27
293.464 1. If a court of competent jurisdiction orders a 28
county to extend the deadline for voting beyond the statutory 29
deadline in a particular election, the county clerk shall, as soon as 30
practicable after receiving notice of the court’s decision: 31
(a) Cause notice of the extended deadline to be published in a 32
newspaper of general circulation in the county; and 33
(b) Transmit a notice of the extended deadline to each registered 34
voter who received a mail ballot for the election and has not 35
returned the mail ballot before the date on which the notice will be 36
transmitted. 37
2. The notice required pursuant to paragraph (a) of subsection 1 38
must be published: 39
(a) In a county whose population is [47,500] 52,000 or more, on 40
at least 3 successive days. 41
(b) In a county whose population is less than [47,500,] 52,000, 42
at least twice in successive issues of the newspaper. 43
– 19 –
- *SB21_R1*
Sec. 12. NRS 318.5121 is hereby amended to read as follows: 1
318.5121 1. The board of trustees shall adopt by resolution 2
the procedures for creating and maintaining a list of appraisers 3
qualified to conduct appraisals of real property offered for sale by 4
the board. The list must: 5
(a) Contain the names of all persons qualified to act as a general 6
appraiser in the same county as the real property that may be 7
appraised; and 8
(b) Be organized at random and rotated from time to time. 9
2. An appraiser chosen pursuant to subsection 1 must provide a 10
disclosure statement which includes, without limitation, all sources 11
of income that may constitute a conflict of interest and any 12
relationship with the real property owner or the owner of an 13
adjoining real property. 14
3. An appraiser shall not perform an appraisal on any real 15
property for sale by the board of trustees if: 16
(a) The appraiser has an interest in the real property or an 17
adjoining property; 18
(b) The real property is located in a county whose population is 19
[45,000] 52,000 or more and any person who is related to the 20
appraiser has an interest in the real property or an adjoining property 21
and the relationship between the appraiser and the person is within 22
the third degree of consanguinity or affinity; or 23
(c) The real property is located in a county whose population is 24
less than [45,000] 52,000 and any person who is related to the 25
appraiser has an interest in the real property or an adjoining property 26
and the relationship between the appraiser and the person is within 27
the second degree of consanguinity or affinity. 28
Sec. 13. NRS 350.0125 is hereby amended to read as follows: 29
350.0125 1. The commission in a county whose population is 30
less than [47,500] 52,000 may request technical assistance from the 31
Department of Taxation to carry out the duties of the commission. 32
Upon such a request, the Department of Taxation shall provide to 33
that commission such technical assistance to the extent that 34
resources are available. 35
2. The board of county commissioners of a county whose 36
population is [47,500] 52,000 or more shall provide the commission 37
in that county with such staff as is necessary to carry out the duties 38
of the commission. The staff provided to the commission pursuant 39
to this subsection shall provide such technical assistance to the 40
commission as the commission requires, except the staff shall not 41
render an opinion on the merits of any proposal or other matter 42
before the commission. 43
– 20 –
- *SB21_R1*
Sec. 14. NRS 361.453 is hereby amended to read as follows: 1
361.453 1. Except as otherwise provided in this section and 2
NRS 354.705, 354.723, 387.3288 and 450.760, the total ad valorem 3
tax levy for all public purposes must not exceed $3.64 on each $100 4
of assessed valuation, or a lesser or greater amount fixed by the 5
State Board of Examiners if the State Board of Examiners is 6
directed by law to fix a lesser or greater amount for that fiscal year. 7
2. Any levy imposed by the Legislature for the repayment of 8
bonded indebtedness or the operating expenses of the State of 9
Nevada and any levy imposed by the board of county 10
commissioners pursuant to NRS 387.195 that is in excess of 50 11
cents on each $100 of assessed valuation of taxable property within 12
the county must not be included in calculating the limitation set 13
forth in subsection 1 on the total ad valorem tax levied within the 14
boundaries of the county, city or unincorporated town, if, in a 15
county whose population is less than [45,000,] 52,000, or in a city or 16
unincorporated town located within that county: 17
(a) The combined tax rate certified by the Nevada Tax 18
Commission was at least $3.50 on each $100 of assessed valuation 19
on June 25, 1998; 20
(b) The governing body of that county, city or unincorporated 21
town proposes to its registered voters an additional levy ad valorem 22
above the total ad valorem tax levy for all public purposes set forth 23
in subsection 1; 24
(c) The proposal specifies the amount of money to be derived, 25
the purpose for which it is to be expended and the duration of the 26
levy; and 27
(d) The proposal is approved by a majority of the voters voting 28
on the question at a general election or a special election called for 29
that purpose. 30
3. The duration of the additional levy ad valorem levied 31
pursuant to subsection 2 must not exceed 5 years. The governing 32
body of the county, city or unincorporated town may discontinue the 33
levy before it expires and may not thereafter reimpose it in whole or 34
in part without following the procedure required for its original 35
imposition set forth in subsection 2. 36
4. A special election may be held pursuant to subsection 2 only 37
if the governing body of the county, city or unincorporated town 38
determines, by a unanimous vote, that an emergency exists. The 39
determination made by the governing body is conclusive unless it is 40
shown that the governing body acted with fraud or a gross abuse of 41
discretion. An action to challenge the determination made by the 42
governing body must be commenced within 15 days after the 43
governing body’s determination is final. As used in this subsection, 44
“emergency” means any unexpected occurrence or combination of 45
– 21 –
- *SB21_R1*
occurrences which requires immediate action by the governing body 1
of the county, city or unincorporated town to prevent or mitigate a 2
substantial financial loss to the county, city or unincorporated town 3
or to enable the governing body to provide an essential service to 4
the residents of the county, city or unincorporated town. 5
Sec. 15. NRS 379.050 is hereby amended to read as follows: 6
379.050 1. Whenever a new county library is provided for in 7
any county whose population is [45,000] 52,000 or more, the 8
trustees of any district library in the county previously established 9
may transfer all books, funds, equipment or other property in the 10
possession of such trustees to the new library upon the demand of 11
the trustees of the new library. 12
2. Whenever there are two or more county library districts in 13
any county whose population is [45,000] 52,000 or more, the 14
districts may merge into one county library district upon approval of 15
the library trustees of the merging districts. 16
3. Whenever there is a city or a town library located adjacent to 17
a county library district, the city or town library may: 18
(a) Merge with the county library district upon approval of the 19
trustees of the merging library and district; or 20
(b) Subject to the limitations in NRS 379.0221, consolidate with 21
the county library district. 22
4. All expenses incurred in making a transfer or merger must 23
be paid out of the general fund of the new library. 24
Sec. 15.5. NRS 387.331 is hereby amended to read as follows: 25
387.331 1. The tax on residential construction authorized by 26
this section is a specified amount which must be the same for each: 27
(a) Lot for a mobile home; 28
(b) Residential dwelling unit; and 29
(c) Suite in an apartment house, 30
imposed on the privilege of constructing apartment houses and 31
residential dwelling units and developing lots for mobile homes. 32
2. The board of trustees of any school district in a county 33
whose population is less than [55,000] 100,000 and is not a 34
consolidated municipality may request that the board of county 35
commissioners of the county in which the school district is located 36
impose a tax on residential construction in the school district to 37
construct, remodel and make additions to school buildings. 38
Whenever the board of trustees takes that action, it shall notify the 39
board of county commissioners and shall specify the areas of the 40
county to be served by the buildings to be erected or enlarged. 41
3. If the board of county commissioners decides that the tax 42
should be imposed, it shall notify the Nevada Tax Commission. If 43
the Commission approves, the board of county commissioners may 44
– 22 –
- *SB21_R1*
then impose the tax, whose specified amount must not exceed 1
$1,600. 2
4. The board shall collect the tax so imposed, in the areas of 3
the county to which it applies, and may require that administrative 4
costs, not to exceed 1 percent, be paid from the amount collected. 5
5. The money collected must be deposited with the county 6
treasurer in the school district’s fund for capital projects to be held 7
and expended in the same manner as other money deposited in that 8
fund. 9
Sec. 16. NRS 396.892 is hereby amended to read as follows: 10
396.892 1. Each student who receives a loan made pursuant 11
to NRS 396.890 to 396.898, inclusive, shall repay the loan and 12
accrued interest pursuant to the terms of the loan unless the student: 13
(a) Practices nursing in a rural area of Nevada or as an employee 14
of the State for 6 months for each academic year for which he or she 15
received a loan; or 16
(b) Practices nursing in any other area of Nevada for 1 year for 17
each academic year for which he or she received a loan. 18
2. The Board of Regents may adopt regulations: 19
(a) Extending the time for completing the required practice 20
beyond 5 years for persons who are granted extensions because of 21
hardship; and 22
(b) Granting prorated credit towards repayment of a loan for 23
time a person practices nursing as required, for cases in which the 24
period for required practice is only partially completed, 25
and such other regulations as are necessary to carry out the 26
provisions of NRS 396.890 to 396.898, inclusive. 27
3. As used in this section, “practices nursing in a rural area” 28
means that the person practices nursing in an area located in a 29
county whose population is less than [47,500] 52,000 at least half of 30
the total time the person spends in the practice of nursing, and not 31
less than 20 hours per week. 32
Sec. 17. NRS 403.490 is hereby amended to read as follows: 33
403.490 1. To perform any work or construct any 34
superstructure under this chapter wherein an expenditure of 35
$100,000 or more may be necessary, the board of county highway 36
commissioners shall cause definite plans of such work or 37
superstructure to be made, estimates of the amount of work to be 38
done and the probable cost thereof, together with a copy of the 39
specifications thereof. 40
2. Except as otherwise provided in subsection 3, upon receipt 41
of the plans, estimates and specifications for a project for which the 42
estimated cost is $100,000 or more, the board of county highway 43
commissioners shall advertise for bids and let contracts in the 44
manner prescribed by chapter 332 or 338 of NRS, as applicable. 45
– 23 –
- *SB21_R1*
3. In a county whose population is less than [45,000,] 52,000, 1
if the estimated cost of a project is $100,000 or more but less than 2
$250,000, the board of county highway commissioners may hold a 3
hearing to determine, by majority vote of the board, if the project 4
can be performed by county employees or through the employment 5
of day labor under the supervision of the board and by the use of its 6
own machinery, tools and other equipment without advertising for 7
bids and letting contracts pursuant to subsection 2. Notice for such a 8
hearing must be provided not less than 15 days before the date of the 9
hearing and must be published pursuant to the provisions of NRS 10
238.010 to 238.080, inclusive. The board shall provide, in the notice 11
and at least 15 days before the hearing at the office of the board and 12
at the place of the hearing, the following information, without 13
limitation: 14
(a) A list of: 15
(1) All county employees, if any, including supervisors, who 16
will perform the work, including, without limitation, the 17
classification of each employee and an estimate of the direct and 18
indirect costs of the labor; 19
(2) The number of day laborers, if any, that will be employed 20
to perform the work; and 21
(3) All machinery, tools and other equipment of the county to 22
be used on the project. 23
(b) An estimate of: 24
(1) The direct and indirect costs of the labor of the county 25
employees who will perform the work, if any; 26
(2) The direct and indirect costs of the labor of any day 27
laborers who will be employed to perform the work pursuant to 28
chapter 338 of NRS; 29
(3) The cost of any administrative support that will be 30
required for the performance of the work; 31
(4) The total cost of the project, including, without 32
limitation, the fair market value or, if available, the actual cost of all 33
materials, supplies, equipment and labor necessary for the project; 34
and 35
(5) The amount of savings to be realized by having county 36
employees or day laborers perform the work. 37
4. In cases of emergency the board of county highway 38
commissioners may let contracts for repairs in the manner 39
prescribed by chapter 332 of NRS. 40
5. Nothing in this section shall prevent any county from 41
opening, building, improving or repairing any public road or 42
highway in the county through the work of county employees or the 43
employment of day labor, under the supervision of the board of 44
county highway commissioners and by the use of its own 45
– 24 –
- *SB21_R1*
machinery, tools and other equipment, without letting contracts to 1
the lowest responsible bidder, if the probable cost of the work does 2
not exceed $100,000. 3
Sec. 18. NRS 444A.040 is hereby amended to read as follows: 4
444A.040 1. The board of county commissioners in a county 5
whose population is 100,000 or more, or its designee, shall make 6
available for use in that county a program for: 7
(a) The separation at the source of recyclable material from 8
other solid waste originating from residential premises and public 9
buildings where services for the collection of solid waste are 10
provided, including, without limitation, the placement of recycling 11
containers on the premises of apartment complexes and 12
condominiums where those services are provided. 13
(b) The establishment of recycling centers for the collection and 14
disposal of recyclable material where existing recycling centers do 15
not carry out the purposes of the program. 16
(c) The disposal of hazardous household products which are 17
capable of causing harmful physical effects if inhaled, absorbed or 18
ingested. This program may be included as a part of any other 19
program made available pursuant to this subsection. 20
(d) The encouragement of businesses to reduce solid waste and 21
to separate at the source recyclable material from other solid waste. 22
This program must, without limitation, make information regarding 23
solid waste reduction and recycling opportunities available to a 24
business at the time the business applies for or renews a business 25
license. 26
2. The board of county commissioners of a county whose 27
population is [45,000] 52,000 or more but less than 100,000, or its 28
designee: 29
(a) May make available for use in that county a program for the 30
separation at the source of recyclable material from other solid 31
waste originating from residential premises and public buildings 32
where services for the collection of solid waste are provided, 33
including, without limitation, the placement of recycling containers 34
on the premises of apartment complexes and condominiums where 35
those services are provided. 36
(b) Shall make available for use in that county a program for: 37
(1) The establishment of recycling centers for the collection 38
and disposal of recyclable material where existing recycling centers 39
do not carry out the purposes of the program established pursuant to 40
paragraph (a). 41
(2) The disposal of hazardous household products which are 42
capable of causing harmful physical effects if inhaled, absorbed or 43
ingested. This program may be included as a part of any other 44
program made available pursuant to this subsection. 45
– 25 –
- *SB21_R1*
3. The board of county commissioners of a county whose 1
population is less than [45,000,] 52,000, or its designee, may make 2
available for use in that county a program for: 3
(a) The separation at the source of recyclable material from 4
other solid waste originating from residential premises and public 5
buildings where services for the collection of solid waste are 6
provided, including, without limitation, the placement of recycling 7
containers on the premises of apartment complexes and 8
condominiums where those services are provided. 9
(b) The establishment of recycling centers for the collection and 10
disposal of recyclable material where existing recycling centers do 11
not carry out the purposes of the program. 12
(c) The disposal of hazardous household products which are 13
capable of causing harmful physical effects if inhaled, absorbed or 14
ingested. This program may be included as a part of any other 15
program made available pursuant to this subsection. 16
4. Any program made available pursuant to this section: 17
(a) Must not: 18
(1) Conflict with the standards adopted by the State 19
Environmental Commission pursuant to NRS 444A.020; and 20
(2) Become effective until approved by the Department. 21
(b) May be based on the model plans adopted pursuant to 22
NRS 444A.030. 23
5. The governing body of a municipality may adopt and carry 24
out within the municipality such programs made available pursuant 25
to this section as are deemed necessary and appropriate for that 26
municipality. 27
6. Any municipality may, with the approval of the governing 28
body of an adjoining municipality, participate in any program 29
adopted by the adjoining municipality pursuant to subsection 5. 30
7. Persons residing on an Indian reservation or Indian colony 31
may participate in any program adopted pursuant to subsection 5 by 32
a municipality in which the reservation or colony is located if the 33
governing body of the reservation or colony adopts an ordinance 34
requesting such participation. Upon receipt of such a request, the 35
governing body of the municipality shall make available to the 36
residents of the reservation or colony those programs requested. 37
Sec. 19. NRS 455.125 is hereby amended to read as follows: 38
455.125 If an operator of a sewer main receives notice through 39
an association for operators pursuant to paragraph (a) of subsection 40
1 of NRS 455.110: 41
1. For a proposed excavation or demolition, the operator of the 42
sewer main shall provide the person responsible for the excavation 43
or demolition with the operator’s best available information 44
regarding the location of the connection of the sewer service lateral 45
– 26 –
- *SB21_R1*
to the sewer main. The operator shall convey the information to the 1
person responsible for the excavation or demolition in such manner 2
as is determined by the operator which may include any one or more 3
of the following methods, without limitation: 4
(a) Identification of the location of the connection of the sewer 5
service lateral to the sewer main; 6
(b) Providing copies of documents relating to the location of the 7
sewer service lateral within 2 working days; or 8
(c) Placement of a triangular green marking along the sewer 9
main or the edge of the public right-of-way, pointing toward the real 10
property serviced by the sewer service lateral to indicate that the 11
location of the sewer service lateral is unknown. 12
2. The operator of a sewer main shall make its best efforts to 13
comply with paragraph (a) or (c) of subsection 1 within 2 working 14
days. If an operator of a sewer main cannot complete the 15
requirements of paragraph (a) or (c) of subsection 1 within 2 16
working days, then the operator and the person responsible for the 17
excavation or demolition must mutually agree upon a reasonable 18
amount of time within which the operator must comply. 19
3. A government, governmental agency or political subdivision 20
of a government that operates a sewer main: 21
(a) Except as otherwise provided in subsection 4, in a county 22
with a population of [45,000] 52,000 or more may not charge a 23
person responsible for excavation or demolition in a public right-of-24
way for complying with this section. 25
(b) In a county with a population of less than [45,000] 52,000 26
may charge a person responsible for excavation or demolition in a 27
public right-of-way for complying with this section in an amount 28
that does not exceed the actual costs for the operator for compliance 29
with this section. Costs assessed pursuant to this paragraph are not 30
subject to the provisions of NRS 354.59881 to 354.59889, inclusive. 31
4. A government, governmental agency or political subdivision 32
that operates a sewer main in a county with a population of [45,000] 33
52,000 or more may charge a person responsible for excavation or 34
demolition in a public right-of-way for complying with this section 35
in an amount that does not exceed the actual costs for the operator 36
for compliance with this section if: 37
(a) The sewer system of the operator services not more than 260 38
accounts; and 39
(b) There is no natural gas pipeline located within the service 40
area of the operator of the sewer main. 41
Costs assessed pursuant to this subsection are not subject to the 42
provisions of NRS 354.59881 to 354.59889, inclusive. 43
5. If the operator of a sewer main has received the information 44
required pursuant to NRS 455.131 or has otherwise identified the 45
– 27 –
- *SB21_R1*
location of the sewer service lateral in the public right-of-way, then 1
the operator of the sewer main shall be responsible thereafter to 2
identify the location of the sewer service lateral from that 3
information. 4
Sec. 20. NRS 463.750 is hereby amended to read as follows: 5
463.750 1. The Commission shall, with the advice and 6
assistance of the Board, adopt regulations governing: 7
(a) The licensing and operation of interactive gaming; and 8
(b) The registration of service providers to perform any action 9
described in paragraph (b) of subsection 6 of NRS 463.677. 10
2. The regulations adopted by the Commission pursuant to this 11
section must: 12
(a) Establish the investigation fees for: 13
(1) A license to operate interactive gaming; 14
(2) A license for a manufacturer of interactive gaming 15
systems; 16
(3) A license for an interactive gaming service provider to 17
perform the actions described in paragraph (a) of subsection 6 of 18
NRS 463.677; and 19
(4) Registration as a service provider to perform the actions 20
described in paragraph (b) of subsection 6 of NRS 463.677. 21
(b) Provide that: 22
(1) A person must hold a license for a manufacturer of 23
interactive gaming systems to supply or provide any interactive 24
gaming system, including, without limitation, any piece of 25
proprietary software or hardware; 26
(2) A person must hold a license for an interactive gaming 27
service provider to perform the actions described in paragraph (a) of 28
subsection 6 of NRS 463.677; and 29
(3) A person must be registered as a service provider to 30
perform the actions described in paragraph (b) of subsection 6 of 31
NRS 463.677. 32
(c) Except as otherwise provided in subsections 6 to 10, 33
inclusive, set forth standards for the suitability of a person to be: 34
(1) Licensed as a manufacturer of interactive gaming 35
systems; 36
(2) Licensed as an interactive gaming service provider as 37
described in paragraph (a) of subsection 6 of NRS 463.677 that are 38
as stringent as the standards for a nonrestricted license; or 39
(3) Registered as a service provider as described in paragraph 40
(b) of subsection 6 of NRS 463.677 that are as stringent as the 41
standards for a nonrestricted license. 42
(d) Set forth provisions governing: 43
– 28 –
- *SB21_R1*
(1) The initial fee for a license for an interactive gaming 1
service provider as described in paragraph (a) of subsection 6 of 2
NRS 463.677. 3
(2) The initial fee for registration as a service provider as 4
described in paragraph (b) of subsection 6 of NRS 463.677. 5
(3) The fee for the renewal of such a license for such an 6
interactive gaming service provider or registration as a service 7
provider, as applicable, and any renewal requirements for such a 8
license or registration, as applicable. 9
(4) Any portion of the license fee paid by a person licensed 10
to operate interactive gaming, pursuant to subsection 1 of NRS 11
463.770, for which an interactive gaming service provider may be 12
liable to the person licensed to operate interactive gaming. 13
(e) Provide that gross revenue received by an establishment 14
from the operation of interactive gaming is subject to the same 15
license fee provisions of NRS 463.370 as the games and gaming 16
devices of the establishment, unless federal law otherwise provides 17
for a similar fee or tax. 18
(f) Set forth standards for the location and security of the 19
computer system and for approval of hardware and software used in 20
connection with interactive gaming. 21
(g) Define “interactive gaming system,” “manufacturer of 22
interactive gaming systems,” “operate interactive gaming” and 23
“proprietary hardware and software” as the terms are used in this 24
chapter. 25
3. Except as otherwise provided in subsections 4 and 5, the 26
Commission shall not approve a license for an establishment to 27
operate interactive gaming unless: 28
(a) In a county whose population is 700,000 or more, the 29
establishment is a resort hotel that holds a nonrestricted license to 30
operate games and gaming devices. 31
(b) In a county whose population is [45,000] 52,000 or more but 32
less than 700,000, the establishment is a resort hotel that holds a 33
nonrestricted license to operate games and gaming devices or the 34
establishment: 35
(1) Holds a nonrestricted license for the operation of games 36
and gaming devices; 37
(2) Has more than 120 rooms available for sleeping 38
accommodations in the same county; 39
(3) Has at least one bar with permanent seating capacity for 40
more than 30 patrons that serves alcoholic beverages sold by the 41
drink for consumption on the premises; 42
(4) Has at least one restaurant with permanent seating 43
capacity for more than 60 patrons that is open to the public 24 hours 44
each day and 7 days each week; and 45
– 29 –
- *SB21_R1*
(5) Has a gaming area that is at least 18,000 square feet in 1
area with at least 1,600 slot machines, 40 table games, and a sports 2
book and race pool. 3
(c) In all other counties, the establishment is a resort hotel that 4
holds a nonrestricted license to operate games and gaming devices 5
or the establishment: 6
(1) Has held a nonrestricted license for the operation of 7
games and gaming devices for at least 5 years before the date of its 8
application for a license to operate interactive gaming; 9
(2) Meets the definition of group 1 licensee as set forth in the 10
regulations of the Commission on the date of its application for a 11
license to operate interactive gaming; and 12
(3) Operates either: 13
(I) More than 50 rooms for sleeping accommodations in 14
connection therewith; or 15
(II) More than 50 gaming devices in connection 16
therewith. 17
4. The Commission may: 18
(a) Issue a license to operate interactive gaming to an affiliate of 19
an establishment if: 20
(1) The establishment satisfies the applicable requirements 21
set forth in subsection 3; 22
(2) The affiliate is located in the same county as the 23
establishment; and 24
(3) The establishment has held a nonrestricted license for at 25
least 5 years before the date on which the application is filed; and 26
(b) Require an affiliate that receives a license pursuant to this 27
subsection to comply with any applicable provision of this chapter. 28
5. The Commission may issue a license to operate interactive 29
gaming to an applicant that meets any qualifications established by 30
federal law regulating the licensure of interactive gaming. 31
6. Except as otherwise provided in subsections 7, 8 and 9: 32
(a) A covered person may not be found suitable for licensure 33
under this section within 5 years after February 21, 2013; 34
(b) A covered person may not be found suitable for licensure 35
under this section unless such covered person expressly submits to 36
the jurisdiction of the United States and of each state in which 37
patrons of interactive gaming operated by such covered person after 38
December 31, 2006, were located, and agrees to waive any statutes 39
of limitation, equitable remedies or laches that otherwise would 40
preclude prosecution for a violation of any provision of federal law 41
or the law of any state in connection with such operation of 42
interactive gaming after that date; 43
– 30 –
- *SB21_R1*
(c) A person may not be found suitable for licensure under this 1
section within 5 years after February 21, 2013, if such person uses a 2
covered asset for the operation of interactive gaming; and 3
(d) Use of a covered asset is grounds for revocation of an 4
interactive gaming license, or a finding of suitability, issued under 5
this section. 6
7. The Commission, upon recommendation of the Board, may 7
waive the requirements of subsection 6 if the Commission 8
determines that: 9
(a) In the case of a covered person described in paragraphs (a) 10
and (b) of subsection 1 of NRS 463.014645: 11
(1) The covered person did not violate, directly or indirectly, 12
any provision of federal law or the law of any state in connection 13
with the ownership and operation of, or provision of services to, an 14
interactive gaming facility that, after December 31, 2006, operated 15
interactive gaming involving patrons located in the United States; 16
and 17
(2) The assets to be used or that are being used by such 18
person were not used after that date in violation of any provision of 19
federal law or the law of any state; 20
(b) In the case of a covered person described in paragraph (c) of 21
subsection 1 of NRS 463.014645, the assets that the person will use 22
in connection with interactive gaming for which the covered person 23
applies for a finding of suitability were not used after December 31, 24
2006, in violation of any provision of federal law or the law of any 25
state; and 26
(c) In the case of a covered asset, the asset was not used after 27
December 31, 2006, in violation of any provision of federal law or 28
the law of any state, and the interactive gaming facility in 29
connection with which the asset was used was not used after that 30
date in violation of any provision of federal law or the law of any 31
state. 32
8. With respect to a person applying for a waiver pursuant to 33
subsection 7, the Commission shall afford the person an opportunity 34
to be heard and present relevant evidence. The Commission shall act 35
as finder of fact and is entitled to evaluate the credibility of 36
witnesses and persuasiveness of the evidence. The affirmative votes 37
of a majority of the whole Commission are required to grant or deny 38
such waiver. The Board shall make appropriate investigations to 39
determine any facts or recommendations that it deems necessary or 40
proper to aid the Commission in making determinations pursuant to 41
this subsection and subsection 7. 42
9. The Commission shall make a determination pursuant to 43
subsections 7 and 8 with respect to a covered person or covered 44
asset without regard to whether the conduct of the covered person or 45
– 31 –
- *SB21_R1*
the use of the covered asset was ever the subject of a criminal 1
proceeding for a violation of any provision of federal law or the law 2
of any state, or whether the person has been prosecuted and the 3
prosecution terminated in a manner other than with a conviction. 4
10. It is unlawful for any person, either as owner, lessee or 5
employee, whether for hire or not, either solely or in conjunction 6
with others, to operate interactive gaming: 7
(a) Until the Commission adopts regulations pursuant to this 8
section; and 9
(b) Unless the person first procures, and thereafter maintains in 10
effect, all appropriate licenses as required by the regulations adopted 11
by the Commission pursuant to this section. 12
11. A person who violates subsection 10 is guilty of a category 13
B felony and shall be punished by imprisonment in the state prison 14
for a minimum term of not less than 1 year and a maximum term of 15
not more than 10 years or by a fine of not more than $50,000, or 16
both. 17
Sec. 21. NRS 647.060 is hereby amended to read as follows: 18
647.060 1. At the time of purchase by any junk dealer of any 19
hides or junk, the junk dealer shall require the person vending the 20
hides or junk to subscribe a statement containing the following 21
information: 22
(a) When, where and from whom the vendor obtained the 23
property. 24
(b) The vendor’s age, residence, including the city or town, and 25
the street and number, if any, of the residence, and such other 26
information as is reasonably necessary to enable the residence to be 27
located. 28
(c) The name of the employer, if any, of the vendor and the 29
place of business or employment of the employer. 30
2. Except as otherwise provided in subsection 3, the junk 31
dealer shall on the next business day: 32
(a) File the original statement subscribed by the vendor in the 33
office of the sheriff of the county where the purchase was made; and 34
(b) If the purchase was made in a city or town, file a copy of the 35
statement with the chief of police of that city or town. 36
3. In a county whose population is less than [47,500,] 52,000, 37
the original statement may be filed in the office of the sheriff’s 38
deputy for transmission to the sheriff. 39
Sec. 22. The Legislature declares that in enacting this act it has 40
reviewed each of the classifications by population amended by this 41
act, has considered the suggestions of the several counties and of 42
other interested persons in this State relating to whether any should 43
be retained unchanged or amended differently, and has found that 44
each of the sections in which a criterion of population has been 45
– 32 –
- *SB21_R1*
changed should not under present conditions apply to a county 1
larger or smaller, as the case may be, than the new criterion 2
established. 3
Sec. 23. This act becomes effective upon passage and 4
approval. 5
H