Nevada 2023 Regular Session

Nevada Senate Bill SB21 Compare Versions

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33 - 82nd Session (2023)
44 Senate Bill No. 21–Committee on Government Affairs
55
66 CHAPTER..........
77
88 AN ACT relating to classifications based on population; revising the
99 population bases that apply to certain provisions of the
1010 Nevada Revised Statutes; and providing other matters
1111 properly relating thereto.
1212 Legislative Counsel’s Digest:
1313 Existing law provides that, except as otherwise provided or required by the
1414 context, “population” is defined for the entire Nevada Revised Statutes as the
1515 number of people in a specified area as determined by the last preceding national
1616 decennial census conducted by the Bureau of the Census of the United States
1717 Department of Commerce pursuant to the United States Constitution and as
1818 reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050)
1919 The Nevada Supreme Court has upheld classifications in statutes based on the
2020 population of entities if the classification is rationally related to the subject matter
2121 and purpose of the statute, applies prospectively to all such entities that might come
2222 within its designated class and does not create an odious, absurd or bizarre
2323 distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This
2424 bill revises the classifications of populations in certain provisions of the Nevada
2525 Revised Statutes in order to determine whether such classifications continue to
2626 meet the conditions expressed by the Nevada Supreme Court.
2727
2828 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
2929
3030
3131 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
3232 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
3333
3434 Section 1. NRS 244.1507 is hereby amended to read as
3535 follows:
3636 244.1507 1. Except as otherwise provided in subsection 2,
3737 the board of county commissioners of a county whose population is
3838 less than [45,000] 52,000 may by ordinance direct that:
3939 (a) The powers and duties of two or more county offices be
4040 combined into one county office.
4141 (b) The powers and duties of one county office be allocated
4242 between two or more county offices.
4343 2. A board of county commissioners shall not take the action
4444 described in subsection 1 unless:
4545 (a) The board determines that the combining or separating of the
4646 applicable county offices will benefit the public;
4747 (b) The board determines that the combining or separating of the
4848 applicable county offices will not create:
4949 (1) An ethical, legal or practical conflict of interest; or
5050 – 2 –
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5454 (2) A situation in which the powers and duties assigned to a
5555 county office are incompatible with the proper performance of that
5656 office in the public interest;
5757 (c) The board submits to the residents of the county, in the form
5858 of an advisory ballot question pursuant to NRS 295.230, a proposal
5959 to combine or separate the applicable county offices; and
6060 (d) A majority of the voters voting on the advisory ballot
6161 question approves the proposal.
6262 3. If the combining or separating of county offices pursuant to
6363 this section will result in the elimination of one or more county
6464 offices, the combining or separating of offices must not become
6565 effective until the earlier of the date on which:
6666 (a) The normal term of office of the person whose office will be
6767 eliminated expires; or
6868 (b) The person whose office will be eliminated resigns.
6969 4. If the combining or separating of county offices pursuant to
7070 this section results in the powers and duties of one county office
7171 being transferred to another county office, the county office to
7272 which the powers and duties are transferred shall be deemed to be
7373 the county office from which the powers and duties were transferred
7474 for the purposes of any applicable provision of law authorizing or
7575 requiring the performance or exercise of those powers and duties, as
7676 appropriate.
7777 Sec. 2. NRS 244.2795 is hereby amended to read as follows:
7878 244.2795 1. Except as otherwise provided in NRS 244.189,
7979 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835,
8080 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and
8181 subsection 3 of NRS 496.080, except as otherwise required by
8282 federal law, except as otherwise required pursuant to a cooperative
8383 agreement entered into pursuant to NRS 277.050 or 277.053 or an
8484 interlocal agreement in existence on or before October 1, 2004,
8585 except if the board of county commissioners is entering into a joint
8686 development agreement for real property owned by the county to
8787 which the board of county commissioners is a party, except for a
8888 lease of residential property with a term of 1 year or less, except for
8989 the sale or lease of real property to a public utility, as defined in
9090 NRS 704.020, to be used for a public purpose, except for the sale or
9191 lease of real property to the State or another governmental entity and
9292 except for the sale or lease of real property larger than 1 acre which
9393 is approved by the voters at a primary or general election or special
9494 election, the board of county commissioners shall, when offering
9595 any real property for sale or lease:
9696 – 3 –
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9898
9999 - 82nd Session (2023)
100100 (a) Except as otherwise provided in this paragraph and
101101 paragraph (h) of subsection 1 of NRS 244.281, obtain two
102102 independent appraisals of the real property before selling or leasing
103103 it. If the board of county commissioners holds a public hearing on
104104 the matter of the fair market value of the real property, one
105105 independent appraisal of the real property is sufficient before selling
106106 or leasing it. The appraisal or appraisals, as applicable, must have
107107 been prepared not more than 6 months before the date on which the
108108 real property is offered for sale or lease.
109109 (b) Select the one independent appraiser or two independent
110110 appraisers, as applicable, from the list of appraisers established
111111 pursuant to subsection 2.
112112 (c) Verify the qualifications of each appraiser selected pursuant
113113 to paragraph (b). The determination of the board of county
114114 commissioners as to the qualifications of the appraiser is conclusive.
115115 2. The board of county commissioners shall adopt by ordinance
116116 the procedures for creating or amending a list of appraisers qualified
117117 to conduct appraisals of real property offered for sale or lease by the
118118 board. The list must:
119119 (a) Contain the names of all persons qualified to act as a general
120120 appraiser in the same county as the real property that may be
121121 appraised; and
122122 (b) Be organized at random and rotated from time to time.
123123 3. An appraiser chosen pursuant to subsection 1 must provide a
124124 disclosure statement which includes, without limitation, all sources
125125 of income that may constitute a conflict of interest and any
126126 relationship with the real property owner or the owner of an
127127 adjoining real property.
128128 4. An appraiser shall not perform an appraisal on any real
129129 property for sale or lease by the board of county commissioners if:
130130 (a) The appraiser has an interest in the real property or an
131131 adjoining property;
132132 (b) The real property is located in a county whose population is
133133 [45,000] 52,000 or more and any person who is related to the
134134 appraiser has an interest in the real property or an adjoining property
135135 and the relationship between the appraiser and the person is within
136136 the third degree of consanguinity or affinity; or
137137 (c) The real property is located in a county whose population is
138138 less than [45,000] 52,000 and any person who is related to the
139139 appraiser has an interest in the real property or an adjoining property
140140 and the relationship between the appraiser and the person is within
141141 the second degree of consanguinity or affinity.
142142 – 4 –
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145145 - 82nd Session (2023)
146146 5. If real property is sold or leased in violation of the
147147 provisions of this section:
148148 (a) The sale or lease is void; and
149149 (b) Any change to an ordinance or law governing the zoning or
150150 use of the real property is void if the change takes place within 5
151151 years after the date of the void sale or lease.
152152 Sec. 3. NRS 244.2815 is hereby amended to read as follows:
153153 244.2815 1. A board of county commissioners may sell, lease
154154 or otherwise dispose of real property for the purposes of
155155 redevelopment or economic development:
156156 (a) Without first offering the real property to the public; and
157157 (b) For less than fair market value of the real property.
158158 2. Before a board of county commissioners may sell, lease or
159159 otherwise dispose of real property pursuant to this section, the board
160160 must:
161161 (a) Except as otherwise provided in subsection 3, obtain an
162162 appraisal of the real property pursuant to NRS 244.2795; and
163163 (b) Adopt a resolution finding that it is in the best interest of the
164164 public to sell, lease or otherwise dispose of the real property:
165165 (1) Without offering the real property to the public; and
166166 (2) For less than fair market value of the real property.
167167 3. The board of county commissioners of a county whose
168168 population is less than [45,000] 52,000 may lease real property
169169 pursuant to this section without obtaining the appraisal otherwise
170170 required pursuant to subsection 2 if:
171171 (a) The real property was acquired by the county directly from
172172 the Federal Government; and
173173 (b) The terms and conditions under which the real property was
174174 acquired prohibit the sale of the real property and provide for the
175175 reversion of the title to the real property to the Federal Government
176176 upon demand by the Federal Government.
177177 4. As used in this section:
178178 (a) “Economic development” means:
179179 (1) The establishment of new commercial enterprises or
180180 facilities within the county;
181181 (2) The support, retention or expansion of existing
182182 commercial enterprises or facilities within the county;
183183 (3) The establishment, retention or expansion of public,
184184 quasi-public or other facilities or operations within the county;
185185 (4) The establishment of residential housing needed to
186186 support the establishment of new commercial enterprises or
187187 facilities or the expansion of existing commercial enterprises or
188188 facilities; or
189189 – 5 –
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193193 (5) Any combination of the activities described in
194194 subparagraphs (1) to (4), inclusive,
195195  to create and retain opportunities of employment for the residents
196196 of the county.
197197 (b) “Redevelopment” has the meaning ascribed to it in
198198 NRS 279.408.
199199 Sec. 4. NRS 244A.7645 is hereby amended to read as follows:
200200 244A.7645 1. If a surcharge is imposed pursuant to NRS
201201 244A.7643 in a county whose population is 100,000 or more, the
202202 board of county commissioners of that county shall establish by
203203 ordinance an advisory committee to develop a plan to enhance the
204204 telephone system for reporting an emergency in that county and to
205205 oversee any money allocated for that purpose. The advisory
206206 committee must:
207207 (a) Consist of not less than five members who:
208208 (1) Are residents of the county;
209209 (2) Possess knowledge concerning telephone systems for
210210 reporting emergencies; and
211211 (3) Are not elected public officers.
212212 (b) Subject to the provisions of subparagraph (3) of paragraph
213213 (a), include the chief law enforcement officer or his or her designee
214214 from each office of the county sheriff, metropolitan police
215215 department, police department of an incorporated city within the
216216 county and department, division or municipal court of a city or town
217217 that employs marshals within the county, as applicable.
218218 2. If a surcharge is imposed pursuant to NRS 244A.7643 in a
219219 county whose population is less than 100,000, the board of county
220220 commissioners of that county shall establish by ordinance an
221221 advisory committee to develop a plan to enhance or improve the
222222 telephone system for reporting an emergency in that county and to
223223 oversee any money allocated for that purpose. The advisory
224224 committee must:
225225 (a) Consist of not less than five members who:
226226 (1) Are residents of the county;
227227 (2) Possess knowledge concerning telephone systems for
228228 reporting emergencies; and
229229 (3) Are not elected public officers.
230230 (b) Include a representative of an incumbent local exchange
231231 carrier which provides service to persons in that county. As used in
232232 this paragraph, “incumbent local exchange carrier” has the meaning
233233 ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on
234234 October 1, 1999, and includes a local exchange carrier that is treated
235235 as an incumbent local exchange carrier pursuant to that section.
236236 – 6 –
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240240 (c) Subject to the provisions of subparagraph (3) of paragraph
241241 (a), include the chief law enforcement officer or his or her designee
242242 from each office of the county sheriff, metropolitan police
243243 department, police department of an incorporated city within the
244244 county and department, division or municipal court of a city or town
245245 that employs marshals within the county, as applicable.
246246 3. If a surcharge is imposed in a county pursuant to NRS
247247 244A.7643, the board of county commissioners of that county shall
248248 create a special revenue fund of the county for the deposit of the
249249 money collected pursuant to NRS 244A.7643. The money in the
250250 fund must be used only:
251251 (a) To pay the costs of adopting and reviewing the 5-year master
252252 plan for the enhancement of the telephone system for reporting
253253 emergencies in the county that is required pursuant to
254254 NRS 244A.7643.
255255 (b) With respect to the telephone system for reporting an
256256 emergency:
257257 (1) In a county whose population is [45,000] 52,000 or more,
258258 to enhance the telephone system for reporting an emergency,
259259 including only:
260260 (I) Paying recurring and nonrecurring charges for
261261 telecommunication services necessary for the operation of the
262262 enhanced telephone system;
263263 (II) Paying costs for personnel and training associated
264264 with the routine maintenance and updating of the database for the
265265 system;
266266 (III) Purchasing, leasing or renting the equipment and
267267 software necessary to operate the enhanced telephone system,
268268 including, without limitation, equipment and software that identify
269269 the number or location from which a call is made; and
270270 (IV) Paying costs associated with any maintenance,
271271 upgrade and replacement of equipment and software necessary for
272272 the operation of the enhanced telephone system.
273273 (2) In a county whose population is less than [45,000,]
274274 52,000, to improve the telephone system for reporting an emergency
275275 in the county.
276276 (c) With respect to purchasing and maintaining portable event
277277 recording devices and vehicular event recording devices, to pay:
278278 (1) By an entity described in this subparagraph, costs
279279 associated with the acquisition, maintenance, storage of data,
280280 upgrade and replacement of equipment and software necessary for
281281 the operation of portable event recording devices and vehicular
282282 event recording devices or systems that consist of both portable
283283 – 7 –
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286286 - 82nd Session (2023)
287287 event recording devices and vehicular event recording devices.
288288 Money may be expended pursuant to this subparagraph for the
289289 purchase and maintenance of portable event recording devices or
290290 vehicular event recording devices only by:
291291 (I) The sheriff’s office of a county;
292292 (II) A metropolitan police department;
293293 (III) A police department of an incorporated city;
294294 (IV) A department, division or municipal court of a city
295295 or town that employs marshals;
296296 (V) A department of alternative sentencing; or
297297 (VI) A county school district that employs school police
298298 officers.
299299 (2) Costs for personnel and training associated with
300300 maintaining, updating and operating the equipment, hardware and
301301 software necessary for portable event recording devices and
302302 vehicular event recording devices or systems that consist of both
303303 portable event recording devices and vehicular event recording
304304 devices.
305305 (3) Costs for personnel and training associated with the
306306 maintenance, retention and redaction of audio and video events
307307 recorded on portable event recording devices and vehicular event
308308 recording devices or systems that consist of both portable event
309309 recording devices and vehicular event recording devices.
310310 (d) To pay any costs associated with performing an analysis or
311311 audit pursuant to NRS 244A.7648 of the surcharges collected by
312312 telecommunications providers.
313313 4. For the purposes described in subsection 3, money in the
314314 fund must be expended in the following order of priority:
315315 (a) Paying the costs authorized pursuant to paragraph (a) of
316316 subsection 3 to adopt and review the 5-year master plan.
317317 (b) If the county performs an analysis or audit described in NRS
318318 244A.7648, paying the costs associated authorized pursuant to
319319 paragraph (d) of subsection 3.
320320 (c) Paying the costs authorized pursuant to paragraph (b) of
321321 subsection 3.
322322 (d) If the county has imposed a portion of the surcharge for
323323 purposes of purchasing and maintaining portable event recording
324324 devices and vehicular event recording devices:
325325 (1) Paying the costs authorized pursuant to paragraph (c) of
326326 subsection 3 other than costs related to personnel and training.
327327 (2) Paying the costs authorized pursuant to paragraph (c) of
328328 subsection 3 related to personnel.
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333333 (3) Paying the costs authorized pursuant to paragraph (c) of
334334 subsection 3 related to training.
335335 5. If money in the fund is distributed to a recipient and:
336336 (a) The recipient has not used the money for any purpose
337337 authorized pursuant to subsection 3 within 6 months, the recipient
338338 must:
339339 (1) Notify the board of county commissioners and the
340340 advisory committee; and
341341 (2) Return the unused money.
342342 (b) The recipient used any portion of the money for a purpose
343343 that is not authorized pursuant to subsection 3, the recipient must:
344344 (1) Notify the board of county commissioners and the
345345 advisory committee; and
346346 (2) Repay the portion of the money that was used for a
347347 purpose not authorized pursuant to subsection 3.
348348 (c) The recipient was not entitled to receive all or a portion of
349349 the money, the recipient must:
350350 (1) Notify the board of county commissioners and the
351351 advisory committee; and
352352 (2) Repay all money to which the recipient was not entitled
353353 to receive.
354354 6. If the balance in the fund created in a county whose
355355 population is 100,000 or more pursuant to subsection 3 which has
356356 not been committed for expenditure exceeds $5,000,000 at the end
357357 of any fiscal year, the board of county commissioners shall
358358 reduce the amount of the surcharge imposed during the next fiscal
359359 year by the amount necessary to ensure that the unencumbered
360360 balance in the fund at the end of the next fiscal year does not exceed
361361 $5,000,000.
362362 7. If the balance in the fund created in a county whose
363363 population is [45,000] 52,000 or more but less than 100,000
364364 pursuant to subsection 3 which has not been committed for
365365 expenditure exceeds $1,000,000 at the end of any fiscal year, the
366366 board of county commissioners shall reduce the amount of the
367367 surcharge imposed during the next fiscal year by the amount
368368 necessary to ensure that the unencumbered balance in the fund at the
369369 end of the next fiscal year does not exceed $1,000,000.
370370 8. If the balance in the fund created in a county whose
371371 population is less than [45,000] 52,000 pursuant to subsection 3
372372 which has not been committed for expenditure exceeds $500,000 at
373373 the end of any fiscal year, the board of county commissioners shall
374374 reduce the amount of the surcharge imposed during the next fiscal
375375 year by the amount necessary to ensure that the unencumbered
376376 – 9 –
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379379 - 82nd Session (2023)
380380 balance in the fund at the end of the next fiscal year does not exceed
381381 $500,000.
382382 Sec. 5. NRS 248.040 is hereby amended to read as follows:
383383 248.040 1. Except as provided in NRS 248.045, each sheriff
384384 may:
385385 (a) Appoint, in writing signed by him or her, one or more
386386 deputies, who may perform all the duties devolving on the sheriff of
387387 the county and such other duties as the sheriff may from time to
388388 time direct. The appointment of a deputy sheriff must not be
389389 construed to confer upon that deputy policymaking authority for the
390390 office of the sheriff or the county by which the deputy sheriff is
391391 employed.
392392 (b) Except as otherwise provided in this paragraph, only remove
393393 a deputy who has completed a probationary period of 12 months for
394394 cause. A deputy who functions as the head of a department or an
395395 administrative employee or who has not completed the probationary
396396 period may be removed at the sheriff’s pleasure.
397397 2. For the purposes of paragraph (b) of subsection 1, in any
398398 county whose population is less than [45,000,] 52,000, “cause”
399399 includes, without limitation:
400400 (a) Failure to be certified by the Peace Officers’ Standards and
401401 Training Commission within the time required by NRS 289.550;
402402 (b) Loss of the certification by the Peace Officers’ Standards
403403 and Training Commission required by NRS 289.550; or
404404 (c) Failure to maintain a valid driver’s license.
405405  This subsection does not limit or impair any internal grievance
406406 procedure, grievance procedure negotiated pursuant to chapter 288
407407 of NRS or administrative remedy otherwise available to a deputy.
408408 3. No deputy sheriff is qualified to act as such unless he or she
409409 has taken an oath to discharge the duties of the office faithfully and
410410 impartially. The oath, together with the written appointment, must
411411 be recorded in the office of the recorder of the county within which
412412 the sheriff legally holds and exercises office. Revocations of such
413413 appointments must be recorded as provided in this subsection. From
414414 the time of the recording of the appointments or revocations therein,
415415 persons shall be deemed to have notice of the appointments or
416416 revocations.
417417 4. The sheriff may require of his or her deputies such bonds as
418418 to the sheriff seem proper.
419419 Sec. 6. NRS 241.020 is hereby amended to read as follows:
420420 241.020 1. Except as otherwise provided by specific statute,
421421 all meetings of public bodies must be open and public, and all
422422 persons must be permitted to attend any meeting of these public
423423 – 10 –
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427427 bodies at a physical location or by means of a remote technology
428428 system. A meeting that is closed pursuant to a specific statute may
429429 only be closed to the extent specified in the statute allowing the
430430 meeting to be closed. All other portions of the meeting must be open
431431 and public, and the public body must comply with all other
432432 provisions of this chapter to the extent not specifically precluded by
433433 the specific statute. Public officers and employees responsible for
434434 these meetings shall make reasonable efforts to assist and
435435 accommodate persons with physical disabilities desiring to attend.
436436 2. If any portion of a meeting is open to the public, the public
437437 officers and employees responsible for the meeting must make
438438 reasonable efforts to ensure the facilities for the meeting are large
439439 enough to accommodate the anticipated number of attendees. No
440440 violation of this chapter occurs if a member of the public is not
441441 permitted to attend a public meeting because the facilities for the
442442 meeting have reached maximum capacity if reasonable efforts were
443443 taken to accommodate the anticipated number of attendees. Nothing
444444 in this subsection requires a public body to incur any costs to secure
445445 a facility outside the control or jurisdiction of the public body or to
446446 upgrade, improve or otherwise modify an existing facility to
447447 accommodate the anticipated number of attendees.
448448 3. Except in an emergency, written notice of all meetings must
449449 be given at least 3 working days before the meeting. The notice
450450 must include:
451451 (a) The time, place and location of the meeting. If the meeting is
452452 held using a remote technology system pursuant to NRS 241.023
453453 and has no physical location, the notice must include information on
454454 how a member of the public may:
455455 (1) Use the remote technology system to hear and observe
456456 the meeting;
457457 (2) Participate in the meeting by telephone; and
458458 (3) Provide live public comment during the meeting and, if
459459 authorized by the public body, provide prerecorded public comment.
460460 (b) A list of the locations where the notice has been posted.
461461 (c) The name, contact information and business address for the
462462 person designated by the public body from whom a member of the
463463 public may request the supporting material for the meeting
464464 described in subsection 7 and:
465465 (1) A list of the locations where the supporting material is
466466 available to the public; or
467467 (2) Information about how the supporting material may be
468468 found on the Internet website of the public body.
469469 (d) An agenda consisting of:
470470 – 11 –
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473473 - 82nd Session (2023)
474474 (1) A clear and complete statement of the topics scheduled to
475475 be considered during the meeting.
476476 (2) A list describing the items on which action may be taken
477477 and clearly denoting that action may be taken on those items by
478478 placing the term “for possible action” next to the appropriate item
479479 or, if the item is placed on the agenda pursuant to NRS 241.0365, by
480480 placing the term “for possible corrective action” next to the
481481 appropriate item.
482482 (3) Periods devoted to comments by the general public, if
483483 any, and discussion of those comments. Comments by the general
484484 public must be taken:
485485 (I) At the beginning of the meeting before any items on
486486 which action may be taken are heard by the public body and again
487487 before the adjournment of the meeting; or
488488 (II) After each item on the agenda on which action may
489489 be taken is discussed by the public body, but before the public body
490490 takes action on the item.
491491  The provisions of this subparagraph do not prohibit a public body
492492 from taking comments by the general public in addition to what is
493493 required pursuant to sub-subparagraph (I) or (II). Regardless of
494494 whether a public body takes comments from the general public
495495 pursuant to sub-subparagraph (I) or (II), the public body must allow
496496 the general public to comment on any matter that is not specifically
497497 included on the agenda as an action item at some time before
498498 adjournment of the meeting. No action may be taken upon a matter
499499 raised during a period devoted to comments by the general public
500500 until the matter itself has been specifically included on an agenda as
501501 an item upon which action may be taken pursuant to
502502 subparagraph (2).
503503 (4) If any portion of the meeting will be closed to consider
504504 the character, alleged misconduct or professional competence of a
505505 person, the name of the person whose character, alleged misconduct
506506 or professional competence will be considered.
507507 (5) If, during any portion of the meeting, the public body will
508508 consider whether to take administrative action regarding a person,
509509 the name of that person.
510510 (6) Notification that:
511511 (I) Items on the agenda may be taken out of order;
512512 (II) The public body may combine two or more agenda
513513 items for consideration; and
514514 (III) The public body may remove an item from the
515515 agenda or delay discussion relating to an item on the agenda at any
516516 time.
517517 – 12 –
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521521 (7) Any restrictions on comments by the general public. Any
522522 such restrictions must be reasonable and may restrict the time, place
523523 and manner of the comments, but may not restrict comments based
524524 upon viewpoint.
525525 4. Minimum public notice is:
526526 (a) Posting a copy of the notice at the principal office of the
527527 public body. If the meeting is held using a remote technology
528528 system pursuant to NRS 241.023 and has no physical location,
529529 the public body must also post the notice to the Internet website
530530 of the public body not later than 9 a.m. of the third working day
531531 before the meeting is to be held unless the public body is unable to
532532 do so because of technical problems relating to the operation or
533533 maintenance of the Internet website of the public body.
534534 (b) Posting the notice on the official website of the State
535535 pursuant to NRS 232.2175 not later than 9 a.m. of the third working
536536 day before the meeting is to be held, unless the public body is
537537 unable to do so because of technical problems relating to the
538538 operation or maintenance of the official website of the State.
539539 (c) Providing a copy of the notice to any person who has
540540 requested notice of the meetings of the public body. A request for
541541 notice lapses 6 months after it is made. The public body shall inform
542542 the requester of this fact by enclosure with, notation upon or text
543543 included within the first notice sent. The notice must be:
544544 (1) Delivered to the postal service used by the public body
545545 not later than 9 a.m. of the third working day before the meeting for
546546 transmittal to the requester by regular mail; or
547547 (2) Transmitted to the requester by electronic mail sent not
548548 later than 9 a.m. of the third working day before the meeting.
549549 5. For each of its meetings, a public body shall document in
550550 writing that the public body complied with the minimum public
551551 notice required by paragraph (a) of subsection 4. The documentation
552552 must be prepared by every person who posted a copy of the public
553553 notice and include, without limitation:
554554 (a) The date and time when the person posted the copy of the
555555 public notice;
556556 (b) The address of the location where the person posted the copy
557557 of the public notice; and
558558 (c) The name, title and signature of the person who posted the
559559 copy of the notice.
560560 6. Except as otherwise provided in paragraph (a) of subsection
561561 4, if a public body maintains a website on the Internet or its
562562 successor, the public body shall post notice of each of its meetings
563563 on its website unless the public body is unable to do so because of
564564 – 13 –
565565
566566
567567 - 82nd Session (2023)
568568 technical problems relating to the operation or maintenance of its
569569 website. Notice posted pursuant to this subsection is supplemental to
570570 and is not a substitute for the minimum public notice required
571571 pursuant to subsection 4. The inability of a public body to post
572572 notice of a meeting pursuant to this subsection as a result of
573573 technical problems with its website shall not be deemed to be a
574574 violation of the provisions of this chapter.
575575 7. Upon any request, a public body shall provide, at no charge,
576576 at least one copy of:
577577 (a) An agenda for a public meeting;
578578 (b) A proposed ordinance or regulation which will be discussed
579579 at the public meeting; and
580580 (c) Subject to the provisions of subsection 8 or 9, as applicable,
581581 any other supporting material provided to the members of the public
582582 body for an item on the agenda, except materials:
583583 (1) Submitted to the public body pursuant to a nondisclosure
584584 or confidentiality agreement which relates to proprietary
585585 information;
586586 (2) Pertaining to the closed portion of such a meeting of the
587587 public body; or
588588 (3) Declared confidential by law, unless otherwise agreed to
589589 by each person whose interest is being protected under the order of
590590 confidentiality.
591591  The public body shall make at least one copy of the documents
592592 described in paragraphs (a), (b) and (c) available to the public at the
593593 meeting to which the documents pertain. As used in this subsection,
594594 “proprietary information” has the meaning ascribed to it in
595595 NRS 332.025.
596596 8. Unless it must be made available at an earlier time pursuant
597597 to NRS 288.153, a copy of supporting material required to be
598598 provided upon request pursuant to paragraph (c) of subsection 7
599599 must be:
600600 (a) If the supporting material is provided to the members of the
601601 public body before the meeting, made available to the requester at
602602 the time the material is provided to the members of the public body;
603603 or
604604 (b) If the supporting material is provided to the members of the
605605 public body at the meeting, made available at the meeting to the
606606 requester at the same time the material is provided to the members
607607 of the public body.
608608  If the requester has agreed to receive the information and material
609609 set forth in subsection 7 by electronic mail, the public body shall, if
610610 feasible, provide the information and material by electronic mail.
611611 – 14 –
612612
613613
614614 - 82nd Session (2023)
615615 9. Unless the supporting material must be posted at an earlier
616616 time pursuant to NRS 288.153, and except as otherwise provided in
617617 subsection 11, the governing body of a county or city whose
618618 population is [45,000] 52,000 or more shall post the supporting
619619 material described in paragraph (c) of subsection 7 to its website not
620620 later than the time the material is provided to the members of the
621621 governing body or, if the supporting material is provided to the
622622 members of the governing body at a meeting, not later than 24 hours
623623 after the conclusion of the meeting. Such posting is supplemental to
624624 the right of the public to request the supporting material pursuant to
625625 subsection 7. The inability of the governing body, as a result of
626626 technical problems with its website, to post supporting material
627627 pursuant to this subsection shall not be deemed to be a violation of
628628 the provisions of this chapter.
629629 10. Except as otherwise provided in subsection 11, a public
630630 body may provide the public notice, information or supporting
631631 material required by this section by electronic mail. Except as
632632 otherwise provided in this subsection, if a public body makes such
633633 notice, information or supporting material available by electronic
634634 mail, the public body shall inquire of a person who requests the
635635 notice, information or supporting material if the person will accept
636636 receipt by electronic mail. If a public body is required to post the
637637 public notice, information or supporting material on its website
638638 pursuant to this section, the public body shall inquire of a person
639639 who requests the notice, information or supporting material if the
640640 person will accept by electronic mail a link to the posting on the
641641 website when the documents are made available. The inability of a
642642 public body, as a result of technical problems with its electronic
643643 mail system, to provide a public notice, information or supporting
644644 material or a link to a website required by this section to a person
645645 who has agreed to receive such notice, information, supporting
646646 material or link by electronic mail shall not be deemed to be a
647647 violation of the provisions of this chapter.
648648 11. If a public body holds a meeting using a remote technology
649649 system pursuant to NRS 241.023 and has no physical location for
650650 the meeting, the public body must:
651651 (a) Have an Internet website; and
652652 (b) Post to its Internet website:
653653 (1) The public notice required by this section; and
654654 (2) Supporting material not later than the time the material is
655655 provided to the members of the governing body or, if the supporting
656656 material is provided to the members of the governing body at a
657657 meeting, not later than 24 hours after the conclusion of the meeting.
658658 – 15 –
659659
660660
661661 - 82nd Session (2023)
662662  The inability of the governing body, as a result of technical
663663 problems with its Internet website, to post supporting material
664664 pursuant to this subsection shall not be deemed to be a violation of
665665 the provisions of this chapter.
666666 12. As used in this section, “emergency” means an unforeseen
667667 circumstance which requires immediate action and includes, but is
668668 not limited to:
669669 (a) Disasters caused by fire, flood, earthquake or other natural
670670 causes; or
671671 (b) Any impairment of the health and safety of the public.
672672 Sec. 7. NRS 241.0355 is hereby amended to read as follows:
673673 241.0355 1. A public body that is required to be composed of
674674 elected officials only may not take action by vote unless at least a
675675 majority of all the members of the public body vote in favor of the
676676 action. For purposes of this subsection, a public body may not count
677677 an abstention as a vote in favor of an action.
678678 2. In a county whose population is [45,000] 52,000 or more,
679679 the provisions of subsection 5 of NRS 281A.420 do not apply to a
680680 public body that is required to be composed of elected officials only,
681681 unless before abstaining from the vote, the member of the public
682682 body receives and discloses the opinion of the legal counsel
683683 authorized by law to provide legal advice to the public body that the
684684 abstention is required pursuant to NRS 281A.420. The opinion of
685685 counsel must be in writing and set forth with specificity the factual
686686 circumstances and analysis leading to that conclusion.
687687 Sec. 8. NRS 268.059 is hereby amended to read as follows:
688688 268.059 1. Except as otherwise provided in NRS 268.048 to
689689 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and
690690 subsection 4 of NRS 496.080, except as otherwise required by
691691 federal law, except as otherwise required pursuant to a cooperative
692692 agreement entered into pursuant to NRS 277.050 or 277.053 or an
693693 interlocal agreement in existence on October 1, 2004, except if the
694694 governing body is entering into a joint development agreement for
695695 real property owned by the city to which the governing body is a
696696 party, except for a lease of residential property with a term of 1 year
697697 or less, except for the sale or lease of real property to a public
698698 utility, as defined in NRS 704.020, to be used for a public purpose,
699699 except for the sale or lease of real property to the State or another
700700 governmental entity and except for the sale or lease of real property
701701 larger than 1 acre which is approved by the voters at a primary or
702702 general election, primary or general city election or special election,
703703 the governing body shall, when offering any real property for sale or
704704 lease:
705705 – 16 –
706706
707707
708708 - 82nd Session (2023)
709709 (a) Except as otherwise provided in this paragraph and
710710 paragraph (h) of subsection 1 of NRS 268.061, obtain two
711711 independent appraisals of the real property before selling or leasing
712712 it. If the governing body holds a public hearing on the matter of the
713713 fair market value of the real property, one independent appraisal of
714714 the real property is sufficient before selling or leasing it. The
715715 appraisal or appraisals, as applicable, must be based on the zoning
716716 of the real property as set forth in the master plan for the city and
717717 must have been prepared not more than 6 months before the date on
718718 which real property is offered for sale or lease.
719719 (b) Select the one independent appraiser or two independent
720720 appraisers, as applicable, from the list of appraisers established
721721 pursuant to subsection 2.
722722 (c) Verify the qualifications of each appraiser selected pursuant
723723 to paragraph (b). The determination of the governing body as to the
724724 qualifications of the appraiser is conclusive.
725725 2. The governing body shall adopt by ordinance the procedures
726726 for creating or amending a list of appraisers qualified to conduct
727727 appraisals of real property offered for sale or lease by the governing
728728 body. The list must:
729729 (a) Contain the names of all persons qualified to act as a general
730730 appraiser in the same county as the real property that may be
731731 appraised; and
732732 (b) Be organized at random and rotated from time to time.
733733 3. An appraiser chosen pursuant to subsection 1 must provide a
734734 disclosure statement which includes, without limitation, all sources
735735 of income of the appraiser that may constitute a conflict of interest
736736 and any relationship of the appraiser with the property owner or the
737737 owner of an adjoining property.
738738 4. An appraiser shall not perform an appraisal on any real
739739 property offered for sale or lease by the governing body if:
740740 (a) The appraiser has an interest in the real property or an
741741 adjoining property;
742742 (b) The real property is located in a city in a county whose
743743 population is [45,000] 52,000 or more and any person who is related
744744 to the appraiser has an interest in the real property or an adjoining
745745 property and the relationship between the appraiser and the person is
746746 within the third degree of consanguinity or affinity; or
747747 (c) The real property is located in a city in a county whose
748748 population is less than [45,000] 52,000 and any person who is
749749 related to the appraiser has an interest in the real property or an
750750 adjoining property and the relationship between the appraiser and
751751 the person is within the second degree of consanguinity or affinity.
752752 – 17 –
753753
754754
755755 - 82nd Session (2023)
756756 5. If real property is sold or leased in violation of the
757757 provisions of this section:
758758 (a) The sale or lease is void; and
759759 (b) Any change to an ordinance or law governing the zoning or
760760 use of the real property is void if the change takes place within 5
761761 years after the date of the void sale or lease.
762762 Sec. 9. NRS 278.02095 is hereby amended to read as follows:
763763 278.02095 1. Except as otherwise provided in this section, in
764764 an ordinance relating to the zoning of land adopted or amended by a
765765 governing body, the definition of “single-family residence” must
766766 include a manufactured home.
767767 2. Notwithstanding the provisions of subsection 1, a governing
768768 body shall adopt standards for the placement of a manufactured
769769 home that will not be affixed to a lot within a mobile home park
770770 which require that:
771771 (a) The manufactured home:
772772 (1) Be permanently affixed to a residential lot;
773773 (2) Be manufactured within the 6 years immediately
774774 preceding the date on which it is affixed to the residential lot;
775775 (3) Have exterior siding and roofing which is similar in
776776 color, material and appearance to the exterior siding and roofing
777777 primarily used on other single-family residential dwellings in the
778778 immediate vicinity of the manufactured home, as established by the
779779 governing body;
780780 (4) Consist of more than one section; and
781781 (5) Consist of at least 1,200 square feet of living area unless
782782 the governing body, by administrative variance or other expedited
783783 procedure established by the governing body, approves a lesser
784784 amount of square footage based on the size or configuration of the
785785 lot or the square footage of single-family residential dwellings in the
786786 immediate vicinity of the manufactured home; and
787787 (b) If the manufactured home has an elevated foundation, the
788788 foundation is masked architecturally in a manner determined by the
789789 governing body.
790790  The governing body of a local government in a county whose
791791 population is less than [45,000] 52,000 may adopt standards that are
792792 less restrictive than the standards set forth in this subsection.
793793 3. Standards adopted by a governing body pursuant to
794794 subsection 2 must be objective and documented clearly and must not
795795 be adopted to discourage or impede the construction or provision of
796796 affordable housing, including, without limitation, the use of
797797 manufactured homes for affordable housing.
798798 – 18 –
799799
800800
801801 - 82nd Session (2023)
802802 4. Before a building department issues a permit to place a
803803 manufactured home on a lot pursuant to this section, other than a
804804 new manufactured home, the owner must surrender the certificate of
805805 ownership to the Housing Division of the Department of Business
806806 and Industry. The Division shall provide proof of such a surrender
807807 to the owner who must submit that proof to the building department.
808808 5. The provisions of this section do not abrogate a recorded
809809 restrictive covenant prohibiting manufactured homes, nor do the
810810 provisions apply within the boundaries of a historic district
811811 established pursuant to NRS 384.005 or 384.100. An application to
812812 place a manufactured home on a residential lot pursuant to this
813813 section constitutes an attestation by the owner of the lot that the
814814 placement complies with all covenants, conditions and restrictions
815815 placed on the lot and that the lot is not located within a historic
816816 district.
817817 6. As used in this section:
818818 (a) “Manufactured home” has the meaning ascribed to it in
819819 NRS 489.113.
820820 (b) “New manufactured home” has the meaning ascribed to it in
821821 NRS 489.125.
822822 Sec. 10. NRS 278.030 is hereby amended to read as follows:
823823 278.030 1. The governing body of each city whose
824824 population is 25,000 or more and of each county whose population
825825 is [45,000] 52,000 or more shall create by ordinance a planning
826826 commission to consist of seven members.
827827 2. Cities whose population is less than 25,000 and counties
828828 whose population is less than [45,000] 52,000 may create by
829829 ordinance a planning commission to consist of seven members. If
830830 the governing body of any city whose population is less than 25,000
831831 or of any county whose population is less than [45,000] 52,000
832832 deems the creation of a planning commission unnecessary or
833833 inadvisable, the governing body may, in lieu of creating a planning
834834 commission as provided in this subsection, perform all the functions
835835 and have all of the powers which would otherwise be granted to and
836836 be performed by the planning commission.
837837 Sec. 11. NRS 293.464 is hereby amended to read as follows:
838838 293.464 1. If a court of competent jurisdiction orders a
839839 county to extend the deadline for voting beyond the statutory
840840 deadline in a particular election, the county clerk shall, as soon as
841841 practicable after receiving notice of the court’s decision:
842842 (a) Cause notice of the extended deadline to be published in a
843843 newspaper of general circulation in the county; and
844844 – 19 –
845845
846846
847847 - 82nd Session (2023)
848848 (b) Transmit a notice of the extended deadline to each registered
849849 voter who received a mail ballot for the election and has not
850850 returned the mail ballot before the date on which the notice will be
851851 transmitted.
852852 2. The notice required pursuant to paragraph (a) of subsection 1
853853 must be published:
854854 (a) In a county whose population is [47,500] 52,000 or more, on
855855 at least 3 successive days.
856856 (b) In a county whose population is less than [47,500,] 52,000,
857857 at least twice in successive issues of the newspaper.
858858 Sec. 12. NRS 318.5121 is hereby amended to read as follows:
859859 318.5121 1. The board of trustees shall adopt by resolution
860860 the procedures for creating and maintaining a list of appraisers
861861 qualified to conduct appraisals of real property offered for sale by
862862 the board. The list must:
863863 (a) Contain the names of all persons qualified to act as a general
864864 appraiser in the same county as the real property that may be
865865 appraised; and
866866 (b) Be organized at random and rotated from time to time.
867867 2. An appraiser chosen pursuant to subsection 1 must provide a
868868 disclosure statement which includes, without limitation, all sources
869869 of income that may constitute a conflict of interest and any
870870 relationship with the real property owner or the owner of an
871871 adjoining real property.
872872 3. An appraiser shall not perform an appraisal on any real
873873 property for sale by the board of trustees if:
874874 (a) The appraiser has an interest in the real property or an
875875 adjoining property;
876876 (b) The real property is located in a county whose population is
877877 [45,000] 52,000 or more and any person who is related to the
878878 appraiser has an interest in the real property or an adjoining property
879879 and the relationship between the appraiser and the person is within
880880 the third degree of consanguinity or affinity; or
881881 (c) The real property is located in a county whose population is
882882 less than [45,000] 52,000 and any person who is related to the
883883 appraiser has an interest in the real property or an adjoining property
884884 and the relationship between the appraiser and the person is within
885885 the second degree of consanguinity or affinity.
886886 Sec. 13. NRS 350.0125 is hereby amended to read as follows:
887887 350.0125 1. The commission in a county whose population is
888888 less than [47,500] 52,000 may request technical assistance from the
889889 Department of Taxation to carry out the duties of the commission.
890890 Upon such a request, the Department of Taxation shall provide to
891891 – 20 –
892892
893893
894894 - 82nd Session (2023)
895895 that commission such technical assistance to the extent that
896896 resources are available.
897897 2. The board of county commissioners of a county whose
898898 population is [47,500] 52,000 or more shall provide the commission
899899 in that county with such staff as is necessary to carry out the duties
900900 of the commission. The staff provided to the commission pursuant
901901 to this subsection shall provide such technical assistance to the
902902 commission as the commission requires, except the staff shall not
903903 render an opinion on the merits of any proposal or other matter
904904 before the commission.
905905 Sec. 14. NRS 361.453 is hereby amended to read as follows:
906906 361.453 1. Except as otherwise provided in this section and
907907 NRS 354.705, 354.723, 387.3288 and 450.760, the total ad valorem
908908 tax levy for all public purposes must not exceed $3.64 on each $100
909909 of assessed valuation, or a lesser or greater amount fixed by the
910910 State Board of Examiners if the State Board of Examiners is
911911 directed by law to fix a lesser or greater amount for that fiscal year.
912912 2. Any levy imposed by the Legislature for the repayment of
913913 bonded indebtedness or the operating expenses of the State of
914914 Nevada and any levy imposed by the board of county
915915 commissioners pursuant to NRS 387.195 that is in excess of 50
916916 cents on each $100 of assessed valuation of taxable property within
917917 the county must not be included in calculating the limitation set
918918 forth in subsection 1 on the total ad valorem tax levied within the
919919 boundaries of the county, city or unincorporated town, if, in a
920920 county whose population is less than [45,000,] 52,000, or in a city or
921921 unincorporated town located within that county:
922922 (a) The combined tax rate certified by the Nevada Tax
923923 Commission was at least $3.50 on each $100 of assessed valuation
924924 on June 25, 1998;
925925 (b) The governing body of that county, city or unincorporated
926926 town proposes to its registered voters an additional levy ad valorem
927927 above the total ad valorem tax levy for all public purposes set forth
928928 in subsection 1;
929929 (c) The proposal specifies the amount of money to be derived,
930930 the purpose for which it is to be expended and the duration of the
931931 levy; and
932932 (d) The proposal is approved by a majority of the voters voting
933933 on the question at a general election or a special election called for
934934 that purpose.
935935 3. The duration of the additional levy ad valorem levied
936936 pursuant to subsection 2 must not exceed 5 years. The governing
937937 body of the county, city or unincorporated town may discontinue the
938938 – 21 –
939939
940940
941941 - 82nd Session (2023)
942942 levy before it expires and may not thereafter reimpose it in whole or
943943 in part without following the procedure required for its original
944944 imposition set forth in subsection 2.
945945 4. A special election may be held pursuant to subsection 2 only
946946 if the governing body of the county, city or unincorporated town
947947 determines, by a unanimous vote, that an emergency exists. The
948948 determination made by the governing body is conclusive unless it is
949949 shown that the governing body acted with fraud or a gross abuse of
950950 discretion. An action to challenge the determination made by the
951951 governing body must be commenced within 15 days after the
952952 governing body’s determination is final. As used in this subsection,
953953 “emergency” means any unexpected occurrence or combination of
954954 occurrences which requires immediate action by the governing body
955955 of the county, city or unincorporated town to prevent or mitigate a
956956 substantial financial loss to the county, city or unincorporated town
957957 or to enable the governing body to provide an essential service to
958958 the residents of the county, city or unincorporated town.
959959 Sec. 15. NRS 379.050 is hereby amended to read as follows:
960960 379.050 1. Whenever a new county library is provided for in
961961 any county whose population is [45,000] 52,000 or more, the
962962 trustees of any district library in the county previously established
963963 may transfer all books, funds, equipment or other property in the
964964 possession of such trustees to the new library upon the demand of
965965 the trustees of the new library.
966966 2. Whenever there are two or more county library districts in
967967 any county whose population is [45,000] 52,000 or more, the
968968 districts may merge into one county library district upon approval of
969969 the library trustees of the merging districts.
970970 3. Whenever there is a city or a town library located adjacent to
971971 a county library district, the city or town library may:
972972 (a) Merge with the county library district upon approval of the
973973 trustees of the merging library and district; or
974974 (b) Subject to the limitations in NRS 379.0221, consolidate with
975975 the county library district.
976976 4. All expenses incurred in making a transfer or merger must
977977 be paid out of the general fund of the new library.
978978 Sec. 15.5. NRS 387.331 is hereby amended to read as follows:
979979 387.331 1. The tax on residential construction authorized by
980980 this section is a specified amount which must be the same for each:
981981 (a) Lot for a mobile home;
982982 (b) Residential dwelling unit; and
983983 (c) Suite in an apartment house,
984984 – 22 –
985985
986986
987987 - 82nd Session (2023)
988988  imposed on the privilege of constructing apartment houses and
989989 residential dwelling units and developing lots for mobile homes.
990990 2. The board of trustees of any school district in a county
991991 whose population is less than [55,000] 100,000 and is not a
992992 consolidated municipality may request that the board of county
993993 commissioners of the county in which the school district is located
994994 impose a tax on residential construction in the school district to
995995 construct, remodel and make additions to school buildings.
996996 Whenever the board of trustees takes that action, it shall notify the
997997 board of county commissioners and shall specify the areas of the
998998 county to be served by the buildings to be erected or enlarged.
999999 3. If the board of county commissioners decides that the tax
10001000 should be imposed, it shall notify the Nevada Tax Commission. If
10011001 the Commission approves, the board of county commissioners may
10021002 then impose the tax, whose specified amount must not exceed
10031003 $1,600.
10041004 4. The board shall collect the tax so imposed, in the areas of
10051005 the county to which it applies, and may require that administrative
10061006 costs, not to exceed 1 percent, be paid from the amount collected.
10071007 5. The money collected must be deposited with the county
10081008 treasurer in the school district’s fund for capital projects to be held
10091009 and expended in the same manner as other money deposited in that
10101010 fund.
10111011 Sec. 16. NRS 396.892 is hereby amended to read as follows:
10121012 396.892 1. Each student who receives a loan made pursuant
10131013 to NRS 396.890 to 396.898, inclusive, shall repay the loan and
10141014 accrued interest pursuant to the terms of the loan unless the student:
10151015 (a) Practices nursing in a rural area of Nevada or as an employee
10161016 of the State for 6 months for each academic year for which he or she
10171017 received a loan; or
10181018 (b) Practices nursing in any other area of Nevada for 1 year for
10191019 each academic year for which he or she received a loan.
10201020 2. The Board of Regents may adopt regulations:
10211021 (a) Extending the time for completing the required practice
10221022 beyond 5 years for persons who are granted extensions because of
10231023 hardship; and
10241024 (b) Granting prorated credit towards repayment of a loan for
10251025 time a person practices nursing as required, for cases in which the
10261026 period for required practice is only partially completed,
10271027  and such other regulations as are necessary to carry out the
10281028 provisions of NRS 396.890 to 396.898, inclusive.
10291029 3. As used in this section, “practices nursing in a rural area”
10301030 means that the person practices nursing in an area located in a
10311031 – 23 –
10321032
10331033
10341034 - 82nd Session (2023)
10351035 county whose population is less than [47,500] 52,000 at least half of
10361036 the total time the person spends in the practice of nursing, and not
10371037 less than 20 hours per week.
10381038 Sec. 17. NRS 403.490 is hereby amended to read as follows:
10391039 403.490 1. To perform any work or construct any
10401040 superstructure under this chapter wherein an expenditure of
10411041 $100,000 or more may be necessary, the board of county highway
10421042 commissioners shall cause definite plans of such work or
10431043 superstructure to be made, estimates of the amount of work to be
10441044 done and the probable cost thereof, together with a copy of the
10451045 specifications thereof.
10461046 2. Except as otherwise provided in subsection 3, upon receipt
10471047 of the plans, estimates and specifications for a project for which the
10481048 estimated cost is $100,000 or more, the board of county highway
10491049 commissioners shall advertise for bids and let contracts in the
10501050 manner prescribed by chapter 332 or 338 of NRS, as applicable.
10511051 3. In a county whose population is less than [45,000,] 52,000,
10521052 if the estimated cost of a project is $100,000 or more but less than
10531053 $250,000, the board of county highway commissioners may hold a
10541054 hearing to determine, by majority vote of the board, if the project
10551055 can be performed by county employees or through the employment
10561056 of day labor under the supervision of the board and by the use of its
10571057 own machinery, tools and other equipment without advertising for
10581058 bids and letting contracts pursuant to subsection 2. Notice for such a
10591059 hearing must be provided not less than 15 days before the date of the
10601060 hearing and must be published pursuant to the provisions of NRS
10611061 238.010 to 238.080, inclusive. The board shall provide, in the notice
10621062 and at least 15 days before the hearing at the office of the board and
10631063 at the place of the hearing, the following information, without
10641064 limitation:
10651065 (a) A list of:
10661066 (1) All county employees, if any, including supervisors, who
10671067 will perform the work, including, without limitation, the
10681068 classification of each employee and an estimate of the direct and
10691069 indirect costs of the labor;
10701070 (2) The number of day laborers, if any, that will be employed
10711071 to perform the work; and
10721072 (3) All machinery, tools and other equipment of the county to
10731073 be used on the project.
10741074 (b) An estimate of:
10751075 (1) The direct and indirect costs of the labor of the county
10761076 employees who will perform the work, if any;
10771077 – 24 –
10781078
10791079
10801080 - 82nd Session (2023)
10811081 (2) The direct and indirect costs of the labor of any day
10821082 laborers who will be employed to perform the work pursuant to
10831083 chapter 338 of NRS;
10841084 (3) The cost of any administrative support that will be
10851085 required for the performance of the work;
10861086 (4) The total cost of the project, including, without
10871087 limitation, the fair market value or, if available, the actual cost of all
10881088 materials, supplies, equipment and labor necessary for the project;
10891089 and
10901090 (5) The amount of savings to be realized by having county
10911091 employees or day laborers perform the work.
10921092 4. In cases of emergency the board of county highway
10931093 commissioners may let contracts for repairs in the manner
10941094 prescribed by chapter 332 of NRS.
10951095 5. Nothing in this section shall prevent any county from
10961096 opening, building, improving or repairing any public road or
10971097 highway in the county through the work of county employees or the
10981098 employment of day labor, under the supervision of the board of
10991099 county highway commissioners and by the use of its own
11001100 machinery, tools and other equipment, without letting contracts to
11011101 the lowest responsible bidder, if the probable cost of the work does
11021102 not exceed $100,000.
11031103 Sec. 18. NRS 444A.040 is hereby amended to read as follows:
11041104 444A.040 1. The board of county commissioners in a county
11051105 whose population is 100,000 or more, or its designee, shall make
11061106 available for use in that county a program for:
11071107 (a) The separation at the source of recyclable material from
11081108 other solid waste originating from residential premises and public
11091109 buildings where services for the collection of solid waste are
11101110 provided, including, without limitation, the placement of recycling
11111111 containers on the premises of apartment complexes and
11121112 condominiums where those services are provided.
11131113 (b) The establishment of recycling centers for the collection and
11141114 disposal of recyclable material where existing recycling centers do
11151115 not carry out the purposes of the program.
11161116 (c) The disposal of hazardous household products which are
11171117 capable of causing harmful physical effects if inhaled, absorbed or
11181118 ingested. This program may be included as a part of any other
11191119 program made available pursuant to this subsection.
11201120 (d) The encouragement of businesses to reduce solid waste and
11211121 to separate at the source recyclable material from other solid waste.
11221122 This program must, without limitation, make information regarding
11231123 solid waste reduction and recycling opportunities available to a
11241124 – 25 –
11251125
11261126
11271127 - 82nd Session (2023)
11281128 business at the time the business applies for or renews a business
11291129 license.
11301130 2. The board of county commissioners of a county whose
11311131 population is [45,000] 52,000 or more but less than 100,000, or its
11321132 designee:
11331133 (a) May make available for use in that county a program for the
11341134 separation at the source of recyclable material from other solid
11351135 waste originating from residential premises and public buildings
11361136 where services for the collection of solid waste are provided,
11371137 including, without limitation, the placement of recycling containers
11381138 on the premises of apartment complexes and condominiums where
11391139 those services are provided.
11401140 (b) Shall make available for use in that county a program for:
11411141 (1) The establishment of recycling centers for the collection
11421142 and disposal of recyclable material where existing recycling centers
11431143 do not carry out the purposes of the program established pursuant to
11441144 paragraph (a).
11451145 (2) The disposal of hazardous household products which are
11461146 capable of causing harmful physical effects if inhaled, absorbed or
11471147 ingested. This program may be included as a part of any other
11481148 program made available pursuant to this subsection.
11491149 3. The board of county commissioners of a county whose
11501150 population is less than [45,000,] 52,000, or its designee, may make
11511151 available for use in that county a program for:
11521152 (a) The separation at the source of recyclable material from
11531153 other solid waste originating from residential premises and public
11541154 buildings where services for the collection of solid waste are
11551155 provided, including, without limitation, the placement of recycling
11561156 containers on the premises of apartment complexes and
11571157 condominiums where those services are provided.
11581158 (b) The establishment of recycling centers for the collection and
11591159 disposal of recyclable material where existing recycling centers do
11601160 not carry out the purposes of the program.
11611161 (c) The disposal of hazardous household products which are
11621162 capable of causing harmful physical effects if inhaled, absorbed or
11631163 ingested. This program may be included as a part of any other
11641164 program made available pursuant to this subsection.
11651165 4. Any program made available pursuant to this section:
11661166 (a) Must not:
11671167 (1) Conflict with the standards adopted by the State
11681168 Environmental Commission pursuant to NRS 444A.020; and
11691169 (2) Become effective until approved by the Department.
11701170 – 26 –
11711171
11721172
11731173 - 82nd Session (2023)
11741174 (b) May be based on the model plans adopted pursuant to
11751175 NRS 444A.030.
11761176 5. The governing body of a municipality may adopt and carry
11771177 out within the municipality such programs made available pursuant
11781178 to this section as are deemed necessary and appropriate for that
11791179 municipality.
11801180 6. Any municipality may, with the approval of the governing
11811181 body of an adjoining municipality, participate in any program
11821182 adopted by the adjoining municipality pursuant to subsection 5.
11831183 7. Persons residing on an Indian reservation or Indian colony
11841184 may participate in any program adopted pursuant to subsection 5 by
11851185 a municipality in which the reservation or colony is located if the
11861186 governing body of the reservation or colony adopts an ordinance
11871187 requesting such participation. Upon receipt of such a request, the
11881188 governing body of the municipality shall make available to the
11891189 residents of the reservation or colony those programs requested.
11901190 Sec. 19. NRS 455.125 is hereby amended to read as follows:
11911191 455.125 If an operator of a sewer main receives notice through
11921192 an association for operators pursuant to paragraph (a) of subsection
11931193 1 of NRS 455.110:
11941194 1. For a proposed excavation or demolition, the operator of the
11951195 sewer main shall provide the person responsible for the excavation
11961196 or demolition with the operator’s best available information
11971197 regarding the location of the connection of the sewer service lateral
11981198 to the sewer main. The operator shall convey the information to the
11991199 person responsible for the excavation or demolition in such manner
12001200 as is determined by the operator which may include any one or more
12011201 of the following methods, without limitation:
12021202 (a) Identification of the location of the connection of the sewer
12031203 service lateral to the sewer main;
12041204 (b) Providing copies of documents relating to the location of the
12051205 sewer service lateral within 2 working days; or
12061206 (c) Placement of a triangular green marking along the sewer
12071207 main or the edge of the public right-of-way, pointing toward the real
12081208 property serviced by the sewer service lateral to indicate that the
12091209 location of the sewer service lateral is unknown.
12101210 2. The operator of a sewer main shall make its best efforts to
12111211 comply with paragraph (a) or (c) of subsection 1 within 2 working
12121212 days. If an operator of a sewer main cannot complete the
12131213 requirements of paragraph (a) or (c) of subsection 1 within 2
12141214 working days, then the operator and the person responsible for the
12151215 excavation or demolition must mutually agree upon a reasonable
12161216 amount of time within which the operator must comply.
12171217 – 27 –
12181218
12191219
12201220 - 82nd Session (2023)
12211221 3. A government, governmental agency or political subdivision
12221222 of a government that operates a sewer main:
12231223 (a) Except as otherwise provided in subsection 4, in a county
12241224 with a population of [45,000] 52,000 or more may not charge a
12251225 person responsible for excavation or demolition in a public right-of-
12261226 way for complying with this section.
12271227 (b) In a county with a population of less than [45,000] 52,000
12281228 may charge a person responsible for excavation or demolition in a
12291229 public right-of-way for complying with this section in an amount
12301230 that does not exceed the actual costs for the operator for compliance
12311231 with this section. Costs assessed pursuant to this paragraph are not
12321232 subject to the provisions of NRS 354.59881 to 354.59889, inclusive.
12331233 4. A government, governmental agency or political subdivision
12341234 that operates a sewer main in a county with a population of [45,000]
12351235 52,000 or more may charge a person responsible for excavation or
12361236 demolition in a public right-of-way for complying with this section
12371237 in an amount that does not exceed the actual costs for the operator
12381238 for compliance with this section if:
12391239 (a) The sewer system of the operator services not more than 260
12401240 accounts; and
12411241 (b) There is no natural gas pipeline located within the service
12421242 area of the operator of the sewer main.
12431243  Costs assessed pursuant to this subsection are not subject to the
12441244 provisions of NRS 354.59881 to 354.59889, inclusive.
12451245 5. If the operator of a sewer main has received the information
12461246 required pursuant to NRS 455.131 or has otherwise identified the
12471247 location of the sewer service lateral in the public right-of-way, then
12481248 the operator of the sewer main shall be responsible thereafter to
12491249 identify the location of the sewer service lateral from that
12501250 information.
12511251 Sec. 20. NRS 463.750 is hereby amended to read as follows:
12521252 463.750 1. The Commission shall, with the advice and
12531253 assistance of the Board, adopt regulations governing:
12541254 (a) The licensing and operation of interactive gaming; and
12551255 (b) The registration of service providers to perform any action
12561256 described in paragraph (b) of subsection 6 of NRS 463.677.
12571257 2. The regulations adopted by the Commission pursuant to this
12581258 section must:
12591259 (a) Establish the investigation fees for:
12601260 (1) A license to operate interactive gaming;
12611261 (2) A license for a manufacturer of interactive gaming
12621262 systems;
12631263 – 28 –
12641264
12651265
12661266 - 82nd Session (2023)
12671267 (3) A license for an interactive gaming service provider to
12681268 perform the actions described in paragraph (a) of subsection 6 of
12691269 NRS 463.677; and
12701270 (4) Registration as a service provider to perform the actions
12711271 described in paragraph (b) of subsection 6 of NRS 463.677.
12721272 (b) Provide that:
12731273 (1) A person must hold a license for a manufacturer of
12741274 interactive gaming systems to supply or provide any interactive
12751275 gaming system, including, without limitation, any piece of
12761276 proprietary software or hardware;
12771277 (2) A person must hold a license for an interactive gaming
12781278 service provider to perform the actions described in paragraph (a) of
12791279 subsection 6 of NRS 463.677; and
12801280 (3) A person must be registered as a service provider to
12811281 perform the actions described in paragraph (b) of subsection 6 of
12821282 NRS 463.677.
12831283 (c) Except as otherwise provided in subsections 6 to 10,
12841284 inclusive, set forth standards for the suitability of a person to be:
12851285 (1) Licensed as a manufacturer of interactive gaming
12861286 systems;
12871287 (2) Licensed as an interactive gaming service provider as
12881288 described in paragraph (a) of subsection 6 of NRS 463.677 that are
12891289 as stringent as the standards for a nonrestricted license; or
12901290 (3) Registered as a service provider as described in paragraph
12911291 (b) of subsection 6 of NRS 463.677 that are as stringent as the
12921292 standards for a nonrestricted license.
12931293 (d) Set forth provisions governing:
12941294 (1) The initial fee for a license for an interactive gaming
12951295 service provider as described in paragraph (a) of subsection 6 of
12961296 NRS 463.677.
12971297 (2) The initial fee for registration as a service provider as
12981298 described in paragraph (b) of subsection 6 of NRS 463.677.
12991299 (3) The fee for the renewal of such a license for such an
13001300 interactive gaming service provider or registration as a service
13011301 provider, as applicable, and any renewal requirements for such a
13021302 license or registration, as applicable.
13031303 (4) Any portion of the license fee paid by a person licensed
13041304 to operate interactive gaming, pursuant to subsection 1 of NRS
13051305 463.770, for which an interactive gaming service provider may be
13061306 liable to the person licensed to operate interactive gaming.
13071307 (e) Provide that gross revenue received by an establishment
13081308 from the operation of interactive gaming is subject to the same
13091309 license fee provisions of NRS 463.370 as the games and gaming
13101310 – 29 –
13111311
13121312
13131313 - 82nd Session (2023)
13141314 devices of the establishment, unless federal law otherwise provides
13151315 for a similar fee or tax.
13161316 (f) Set forth standards for the location and security of the
13171317 computer system and for approval of hardware and software used in
13181318 connection with interactive gaming.
13191319 (g) Define “interactive gaming system,” “manufacturer of
13201320 interactive gaming systems,” “operate interactive gaming” and
13211321 “proprietary hardware and software” as the terms are used in this
13221322 chapter.
13231323 3. Except as otherwise provided in subsections 4 and 5, the
13241324 Commission shall not approve a license for an establishment to
13251325 operate interactive gaming unless:
13261326 (a) In a county whose population is 700,000 or more, the
13271327 establishment is a resort hotel that holds a nonrestricted license to
13281328 operate games and gaming devices.
13291329 (b) In a county whose population is [45,000] 52,000 or more but
13301330 less than 700,000, the establishment is a resort hotel that holds a
13311331 nonrestricted license to operate games and gaming devices or the
13321332 establishment:
13331333 (1) Holds a nonrestricted license for the operation of games
13341334 and gaming devices;
13351335 (2) Has more than 120 rooms available for sleeping
13361336 accommodations in the same county;
13371337 (3) Has at least one bar with permanent seating capacity for
13381338 more than 30 patrons that serves alcoholic beverages sold by the
13391339 drink for consumption on the premises;
13401340 (4) Has at least one restaurant with permanent seating
13411341 capacity for more than 60 patrons that is open to the public 24 hours
13421342 each day and 7 days each week; and
13431343 (5) Has a gaming area that is at least 18,000 square feet in
13441344 area with at least 1,600 slot machines, 40 table games, and a sports
13451345 book and race pool.
13461346 (c) In all other counties, the establishment is a resort hotel that
13471347 holds a nonrestricted license to operate games and gaming devices
13481348 or the establishment:
13491349 (1) Has held a nonrestricted license for the operation of
13501350 games and gaming devices for at least 5 years before the date of its
13511351 application for a license to operate interactive gaming;
13521352 (2) Meets the definition of group 1 licensee as set forth in the
13531353 regulations of the Commission on the date of its application for a
13541354 license to operate interactive gaming; and
13551355 (3) Operates either:
13561356 – 30 –
13571357
13581358
13591359 - 82nd Session (2023)
13601360 (I) More than 50 rooms for sleeping accommodations in
13611361 connection therewith; or
13621362 (II) More than 50 gaming devices in connection
13631363 therewith.
13641364 4. The Commission may:
13651365 (a) Issue a license to operate interactive gaming to an affiliate of
13661366 an establishment if:
13671367 (1) The establishment satisfies the applicable requirements
13681368 set forth in subsection 3;
13691369 (2) The affiliate is located in the same county as the
13701370 establishment; and
13711371 (3) The establishment has held a nonrestricted license for at
13721372 least 5 years before the date on which the application is filed; and
13731373 (b) Require an affiliate that receives a license pursuant to this
13741374 subsection to comply with any applicable provision of this chapter.
13751375 5. The Commission may issue a license to operate interactive
13761376 gaming to an applicant that meets any qualifications established by
13771377 federal law regulating the licensure of interactive gaming.
13781378 6. Except as otherwise provided in subsections 7, 8 and 9:
13791379 (a) A covered person may not be found suitable for licensure
13801380 under this section within 5 years after February 21, 2013;
13811381 (b) A covered person may not be found suitable for licensure
13821382 under this section unless such covered person expressly submits to
13831383 the jurisdiction of the United States and of each state in which
13841384 patrons of interactive gaming operated by such covered person after
13851385 December 31, 2006, were located, and agrees to waive any statutes
13861386 of limitation, equitable remedies or laches that otherwise would
13871387 preclude prosecution for a violation of any provision of federal law
13881388 or the law of any state in connection with such operation of
13891389 interactive gaming after that date;
13901390 (c) A person may not be found suitable for licensure under this
13911391 section within 5 years after February 21, 2013, if such person uses a
13921392 covered asset for the operation of interactive gaming; and
13931393 (d) Use of a covered asset is grounds for revocation of an
13941394 interactive gaming license, or a finding of suitability, issued under
13951395 this section.
13961396 7. The Commission, upon recommendation of the Board, may
13971397 waive the requirements of subsection 6 if the Commission
13981398 determines that:
13991399 (a) In the case of a covered person described in paragraphs (a)
14001400 and (b) of subsection 1 of NRS 463.014645:
14011401 (1) The covered person did not violate, directly or indirectly,
14021402 any provision of federal law or the law of any state in connection
14031403 – 31 –
14041404
14051405
14061406 - 82nd Session (2023)
14071407 with the ownership and operation of, or provision of services to, an
14081408 interactive gaming facility that, after December 31, 2006, operated
14091409 interactive gaming involving patrons located in the United States;
14101410 and
14111411 (2) The assets to be used or that are being used by such
14121412 person were not used after that date in violation of any provision of
14131413 federal law or the law of any state;
14141414 (b) In the case of a covered person described in paragraph (c) of
14151415 subsection 1 of NRS 463.014645, the assets that the person will use
14161416 in connection with interactive gaming for which the covered person
14171417 applies for a finding of suitability were not used after December 31,
14181418 2006, in violation of any provision of federal law or the law of any
14191419 state; and
14201420 (c) In the case of a covered asset, the asset was not used after
14211421 December 31, 2006, in violation of any provision of federal law or
14221422 the law of any state, and the interactive gaming facility in
14231423 connection with which the asset was used was not used after that
14241424 date in violation of any provision of federal law or the law of any
14251425 state.
14261426 8. With respect to a person applying for a waiver pursuant to
14271427 subsection 7, the Commission shall afford the person an opportunity
14281428 to be heard and present relevant evidence. The Commission shall act
14291429 as finder of fact and is entitled to evaluate the credibility of
14301430 witnesses and persuasiveness of the evidence. The affirmative votes
14311431 of a majority of the whole Commission are required to grant or deny
14321432 such waiver. The Board shall make appropriate investigations to
14331433 determine any facts or recommendations that it deems necessary or
14341434 proper to aid the Commission in making determinations pursuant to
14351435 this subsection and subsection 7.
14361436 9. The Commission shall make a determination pursuant to
14371437 subsections 7 and 8 with respect to a covered person or covered
14381438 asset without regard to whether the conduct of the covered person or
14391439 the use of the covered asset was ever the subject of a criminal
14401440 proceeding for a violation of any provision of federal law or the law
14411441 of any state, or whether the person has been prosecuted and the
14421442 prosecution terminated in a manner other than with a conviction.
14431443 10. It is unlawful for any person, either as owner, lessee or
14441444 employee, whether for hire or not, either solely or in conjunction
14451445 with others, to operate interactive gaming:
14461446 (a) Until the Commission adopts regulations pursuant to this
14471447 section; and
14481448 – 32 –
14491449
14501450
14511451 - 82nd Session (2023)
14521452 (b) Unless the person first procures, and thereafter maintains in
14531453 effect, all appropriate licenses as required by the regulations adopted
14541454 by the Commission pursuant to this section.
14551455 11. A person who violates subsection 10 is guilty of a category
14561456 B felony and shall be punished by imprisonment in the state prison
14571457 for a minimum term of not less than 1 year and a maximum term of
14581458 not more than 10 years or by a fine of not more than $50,000, or
14591459 both.
14601460 Sec. 21. NRS 647.060 is hereby amended to read as follows:
14611461 647.060 1. At the time of purchase by any junk dealer of any
14621462 hides or junk, the junk dealer shall require the person vending the
14631463 hides or junk to subscribe a statement containing the following
14641464 information:
14651465 (a) When, where and from whom the vendor obtained the
14661466 property.
14671467 (b) The vendor’s age, residence, including the city or town, and
14681468 the street and number, if any, of the residence, and such other
14691469 information as is reasonably necessary to enable the residence to be
14701470 located.
14711471 (c) The name of the employer, if any, of the vendor and the
14721472 place of business or employment of the employer.
14731473 2. Except as otherwise provided in subsection 3, the junk
14741474 dealer shall on the next business day:
14751475 (a) File the original statement subscribed by the vendor in the
14761476 office of the sheriff of the county where the purchase was made; and
14771477 (b) If the purchase was made in a city or town, file a copy of the
14781478 statement with the chief of police of that city or town.
14791479 3. In a county whose population is less than [47,500,] 52,000,
14801480 the original statement may be filed in the office of the sheriff’s
14811481 deputy for transmission to the sheriff.
14821482 Sec. 22. The Legislature declares that in enacting this act it has
14831483 reviewed each of the classifications by population amended by this
14841484 act, has considered the suggestions of the several counties and of
14851485 other interested persons in this State relating to whether any should
14861486 be retained unchanged or amended differently, and has found that
14871487 each of the sections in which a criterion of population has been
14881488 changed should not under present conditions apply to a county
14891489 larger or smaller, as the case may be, than the new criterion
14901490 established.
14911491 Sec. 23. This act becomes effective upon passage and
14921492 approval.
14931493
14941494 20 ~~~~~ 23