1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | - 82nd Session (2023) |
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4 | 4 | | Senate Bill No. 21–Committee on Government Affairs |
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5 | 5 | | |
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6 | 6 | | CHAPTER.......... |
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7 | 7 | | |
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8 | 8 | | AN ACT relating to classifications based on population; revising the |
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9 | 9 | | population bases that apply to certain provisions of the |
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10 | 10 | | Nevada Revised Statutes; and providing other matters |
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11 | 11 | | properly relating thereto. |
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12 | 12 | | Legislative Counsel’s Digest: |
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13 | 13 | | Existing law provides that, except as otherwise provided or required by the |
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14 | 14 | | context, “population” is defined for the entire Nevada Revised Statutes as the |
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15 | 15 | | number of people in a specified area as determined by the last preceding national |
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16 | 16 | | decennial census conducted by the Bureau of the Census of the United States |
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17 | 17 | | Department of Commerce pursuant to the United States Constitution and as |
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18 | 18 | | reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050) |
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19 | 19 | | The Nevada Supreme Court has upheld classifications in statutes based on the |
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20 | 20 | | population of entities if the classification is rationally related to the subject matter |
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21 | 21 | | and purpose of the statute, applies prospectively to all such entities that might come |
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22 | 22 | | within its designated class and does not create an odious, absurd or bizarre |
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23 | 23 | | distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This |
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24 | 24 | | bill revises the classifications of populations in certain provisions of the Nevada |
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25 | 25 | | Revised Statutes in order to determine whether such classifications continue to |
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26 | 26 | | meet the conditions expressed by the Nevada Supreme Court. |
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27 | 27 | | |
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28 | 28 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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29 | 29 | | |
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30 | 30 | | |
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31 | 31 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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32 | 32 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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33 | 33 | | |
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34 | 34 | | Section 1. NRS 244.1507 is hereby amended to read as |
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35 | 35 | | follows: |
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36 | 36 | | 244.1507 1. Except as otherwise provided in subsection 2, |
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37 | 37 | | the board of county commissioners of a county whose population is |
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38 | 38 | | less than [45,000] 52,000 may by ordinance direct that: |
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39 | 39 | | (a) The powers and duties of two or more county offices be |
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40 | 40 | | combined into one county office. |
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41 | 41 | | (b) The powers and duties of one county office be allocated |
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42 | 42 | | between two or more county offices. |
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43 | 43 | | 2. A board of county commissioners shall not take the action |
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44 | 44 | | described in subsection 1 unless: |
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45 | 45 | | (a) The board determines that the combining or separating of the |
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46 | 46 | | applicable county offices will benefit the public; |
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47 | 47 | | (b) The board determines that the combining or separating of the |
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48 | 48 | | applicable county offices will not create: |
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49 | 49 | | (1) An ethical, legal or practical conflict of interest; or |
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50 | 50 | | – 2 – |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | - 82nd Session (2023) |
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54 | 54 | | (2) A situation in which the powers and duties assigned to a |
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55 | 55 | | county office are incompatible with the proper performance of that |
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56 | 56 | | office in the public interest; |
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57 | 57 | | (c) The board submits to the residents of the county, in the form |
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58 | 58 | | of an advisory ballot question pursuant to NRS 295.230, a proposal |
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59 | 59 | | to combine or separate the applicable county offices; and |
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60 | 60 | | (d) A majority of the voters voting on the advisory ballot |
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61 | 61 | | question approves the proposal. |
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62 | 62 | | 3. If the combining or separating of county offices pursuant to |
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63 | 63 | | this section will result in the elimination of one or more county |
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64 | 64 | | offices, the combining or separating of offices must not become |
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65 | 65 | | effective until the earlier of the date on which: |
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66 | 66 | | (a) The normal term of office of the person whose office will be |
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67 | 67 | | eliminated expires; or |
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68 | 68 | | (b) The person whose office will be eliminated resigns. |
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69 | 69 | | 4. If the combining or separating of county offices pursuant to |
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70 | 70 | | this section results in the powers and duties of one county office |
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71 | 71 | | being transferred to another county office, the county office to |
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72 | 72 | | which the powers and duties are transferred shall be deemed to be |
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73 | 73 | | the county office from which the powers and duties were transferred |
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74 | 74 | | for the purposes of any applicable provision of law authorizing or |
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75 | 75 | | requiring the performance or exercise of those powers and duties, as |
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76 | 76 | | appropriate. |
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77 | 77 | | Sec. 2. NRS 244.2795 is hereby amended to read as follows: |
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78 | 78 | | 244.2795 1. Except as otherwise provided in NRS 244.189, |
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79 | 79 | | 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, |
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80 | 80 | | 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and |
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81 | 81 | | subsection 3 of NRS 496.080, except as otherwise required by |
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82 | 82 | | federal law, except as otherwise required pursuant to a cooperative |
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83 | 83 | | agreement entered into pursuant to NRS 277.050 or 277.053 or an |
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84 | 84 | | interlocal agreement in existence on or before October 1, 2004, |
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85 | 85 | | except if the board of county commissioners is entering into a joint |
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86 | 86 | | development agreement for real property owned by the county to |
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87 | 87 | | which the board of county commissioners is a party, except for a |
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88 | 88 | | lease of residential property with a term of 1 year or less, except for |
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89 | 89 | | the sale or lease of real property to a public utility, as defined in |
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90 | 90 | | NRS 704.020, to be used for a public purpose, except for the sale or |
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91 | 91 | | lease of real property to the State or another governmental entity and |
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92 | 92 | | except for the sale or lease of real property larger than 1 acre which |
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93 | 93 | | is approved by the voters at a primary or general election or special |
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94 | 94 | | election, the board of county commissioners shall, when offering |
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95 | 95 | | any real property for sale or lease: |
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96 | 96 | | – 3 – |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | - 82nd Session (2023) |
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100 | 100 | | (a) Except as otherwise provided in this paragraph and |
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101 | 101 | | paragraph (h) of subsection 1 of NRS 244.281, obtain two |
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102 | 102 | | independent appraisals of the real property before selling or leasing |
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103 | 103 | | it. If the board of county commissioners holds a public hearing on |
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104 | 104 | | the matter of the fair market value of the real property, one |
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105 | 105 | | independent appraisal of the real property is sufficient before selling |
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106 | 106 | | or leasing it. The appraisal or appraisals, as applicable, must have |
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107 | 107 | | been prepared not more than 6 months before the date on which the |
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108 | 108 | | real property is offered for sale or lease. |
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109 | 109 | | (b) Select the one independent appraiser or two independent |
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110 | 110 | | appraisers, as applicable, from the list of appraisers established |
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111 | 111 | | pursuant to subsection 2. |
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112 | 112 | | (c) Verify the qualifications of each appraiser selected pursuant |
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113 | 113 | | to paragraph (b). The determination of the board of county |
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114 | 114 | | commissioners as to the qualifications of the appraiser is conclusive. |
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115 | 115 | | 2. The board of county commissioners shall adopt by ordinance |
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116 | 116 | | the procedures for creating or amending a list of appraisers qualified |
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117 | 117 | | to conduct appraisals of real property offered for sale or lease by the |
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118 | 118 | | board. The list must: |
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119 | 119 | | (a) Contain the names of all persons qualified to act as a general |
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120 | 120 | | appraiser in the same county as the real property that may be |
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121 | 121 | | appraised; and |
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122 | 122 | | (b) Be organized at random and rotated from time to time. |
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123 | 123 | | 3. An appraiser chosen pursuant to subsection 1 must provide a |
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124 | 124 | | disclosure statement which includes, without limitation, all sources |
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125 | 125 | | of income that may constitute a conflict of interest and any |
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126 | 126 | | relationship with the real property owner or the owner of an |
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127 | 127 | | adjoining real property. |
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128 | 128 | | 4. An appraiser shall not perform an appraisal on any real |
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129 | 129 | | property for sale or lease by the board of county commissioners if: |
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130 | 130 | | (a) The appraiser has an interest in the real property or an |
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131 | 131 | | adjoining property; |
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132 | 132 | | (b) The real property is located in a county whose population is |
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133 | 133 | | [45,000] 52,000 or more and any person who is related to the |
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134 | 134 | | appraiser has an interest in the real property or an adjoining property |
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135 | 135 | | and the relationship between the appraiser and the person is within |
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136 | 136 | | the third degree of consanguinity or affinity; or |
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137 | 137 | | (c) The real property is located in a county whose population is |
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138 | 138 | | less than [45,000] 52,000 and any person who is related to the |
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139 | 139 | | appraiser has an interest in the real property or an adjoining property |
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140 | 140 | | and the relationship between the appraiser and the person is within |
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141 | 141 | | the second degree of consanguinity or affinity. |
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142 | 142 | | – 4 – |
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143 | 143 | | |
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144 | 144 | | |
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145 | 145 | | - 82nd Session (2023) |
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146 | 146 | | 5. If real property is sold or leased in violation of the |
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147 | 147 | | provisions of this section: |
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148 | 148 | | (a) The sale or lease is void; and |
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149 | 149 | | (b) Any change to an ordinance or law governing the zoning or |
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150 | 150 | | use of the real property is void if the change takes place within 5 |
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151 | 151 | | years after the date of the void sale or lease. |
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152 | 152 | | Sec. 3. NRS 244.2815 is hereby amended to read as follows: |
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153 | 153 | | 244.2815 1. A board of county commissioners may sell, lease |
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154 | 154 | | or otherwise dispose of real property for the purposes of |
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155 | 155 | | redevelopment or economic development: |
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156 | 156 | | (a) Without first offering the real property to the public; and |
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157 | 157 | | (b) For less than fair market value of the real property. |
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158 | 158 | | 2. Before a board of county commissioners may sell, lease or |
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159 | 159 | | otherwise dispose of real property pursuant to this section, the board |
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160 | 160 | | must: |
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161 | 161 | | (a) Except as otherwise provided in subsection 3, obtain an |
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162 | 162 | | appraisal of the real property pursuant to NRS 244.2795; and |
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163 | 163 | | (b) Adopt a resolution finding that it is in the best interest of the |
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164 | 164 | | public to sell, lease or otherwise dispose of the real property: |
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165 | 165 | | (1) Without offering the real property to the public; and |
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166 | 166 | | (2) For less than fair market value of the real property. |
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167 | 167 | | 3. The board of county commissioners of a county whose |
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168 | 168 | | population is less than [45,000] 52,000 may lease real property |
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169 | 169 | | pursuant to this section without obtaining the appraisal otherwise |
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170 | 170 | | required pursuant to subsection 2 if: |
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171 | 171 | | (a) The real property was acquired by the county directly from |
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172 | 172 | | the Federal Government; and |
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173 | 173 | | (b) The terms and conditions under which the real property was |
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174 | 174 | | acquired prohibit the sale of the real property and provide for the |
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175 | 175 | | reversion of the title to the real property to the Federal Government |
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176 | 176 | | upon demand by the Federal Government. |
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177 | 177 | | 4. As used in this section: |
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178 | 178 | | (a) “Economic development” means: |
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179 | 179 | | (1) The establishment of new commercial enterprises or |
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180 | 180 | | facilities within the county; |
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181 | 181 | | (2) The support, retention or expansion of existing |
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182 | 182 | | commercial enterprises or facilities within the county; |
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183 | 183 | | (3) The establishment, retention or expansion of public, |
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184 | 184 | | quasi-public or other facilities or operations within the county; |
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185 | 185 | | (4) The establishment of residential housing needed to |
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186 | 186 | | support the establishment of new commercial enterprises or |
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187 | 187 | | facilities or the expansion of existing commercial enterprises or |
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188 | 188 | | facilities; or |
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189 | 189 | | – 5 – |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | - 82nd Session (2023) |
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193 | 193 | | (5) Any combination of the activities described in |
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194 | 194 | | subparagraphs (1) to (4), inclusive, |
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195 | 195 | | to create and retain opportunities of employment for the residents |
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196 | 196 | | of the county. |
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197 | 197 | | (b) “Redevelopment” has the meaning ascribed to it in |
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198 | 198 | | NRS 279.408. |
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199 | 199 | | Sec. 4. NRS 244A.7645 is hereby amended to read as follows: |
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200 | 200 | | 244A.7645 1. If a surcharge is imposed pursuant to NRS |
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201 | 201 | | 244A.7643 in a county whose population is 100,000 or more, the |
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202 | 202 | | board of county commissioners of that county shall establish by |
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203 | 203 | | ordinance an advisory committee to develop a plan to enhance the |
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204 | 204 | | telephone system for reporting an emergency in that county and to |
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205 | 205 | | oversee any money allocated for that purpose. The advisory |
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206 | 206 | | committee must: |
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207 | 207 | | (a) Consist of not less than five members who: |
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208 | 208 | | (1) Are residents of the county; |
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209 | 209 | | (2) Possess knowledge concerning telephone systems for |
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210 | 210 | | reporting emergencies; and |
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211 | 211 | | (3) Are not elected public officers. |
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212 | 212 | | (b) Subject to the provisions of subparagraph (3) of paragraph |
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213 | 213 | | (a), include the chief law enforcement officer or his or her designee |
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214 | 214 | | from each office of the county sheriff, metropolitan police |
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215 | 215 | | department, police department of an incorporated city within the |
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216 | 216 | | county and department, division or municipal court of a city or town |
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217 | 217 | | that employs marshals within the county, as applicable. |
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218 | 218 | | 2. If a surcharge is imposed pursuant to NRS 244A.7643 in a |
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219 | 219 | | county whose population is less than 100,000, the board of county |
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220 | 220 | | commissioners of that county shall establish by ordinance an |
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221 | 221 | | advisory committee to develop a plan to enhance or improve the |
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222 | 222 | | telephone system for reporting an emergency in that county and to |
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223 | 223 | | oversee any money allocated for that purpose. The advisory |
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224 | 224 | | committee must: |
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225 | 225 | | (a) Consist of not less than five members who: |
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226 | 226 | | (1) Are residents of the county; |
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227 | 227 | | (2) Possess knowledge concerning telephone systems for |
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228 | 228 | | reporting emergencies; and |
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229 | 229 | | (3) Are not elected public officers. |
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230 | 230 | | (b) Include a representative of an incumbent local exchange |
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231 | 231 | | carrier which provides service to persons in that county. As used in |
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232 | 232 | | this paragraph, “incumbent local exchange carrier” has the meaning |
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233 | 233 | | ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on |
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234 | 234 | | October 1, 1999, and includes a local exchange carrier that is treated |
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235 | 235 | | as an incumbent local exchange carrier pursuant to that section. |
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236 | 236 | | – 6 – |
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237 | 237 | | |
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238 | 238 | | |
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239 | 239 | | - 82nd Session (2023) |
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240 | 240 | | (c) Subject to the provisions of subparagraph (3) of paragraph |
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241 | 241 | | (a), include the chief law enforcement officer or his or her designee |
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242 | 242 | | from each office of the county sheriff, metropolitan police |
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243 | 243 | | department, police department of an incorporated city within the |
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244 | 244 | | county and department, division or municipal court of a city or town |
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245 | 245 | | that employs marshals within the county, as applicable. |
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246 | 246 | | 3. If a surcharge is imposed in a county pursuant to NRS |
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247 | 247 | | 244A.7643, the board of county commissioners of that county shall |
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248 | 248 | | create a special revenue fund of the county for the deposit of the |
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249 | 249 | | money collected pursuant to NRS 244A.7643. The money in the |
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250 | 250 | | fund must be used only: |
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251 | 251 | | (a) To pay the costs of adopting and reviewing the 5-year master |
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252 | 252 | | plan for the enhancement of the telephone system for reporting |
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253 | 253 | | emergencies in the county that is required pursuant to |
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254 | 254 | | NRS 244A.7643. |
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255 | 255 | | (b) With respect to the telephone system for reporting an |
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256 | 256 | | emergency: |
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257 | 257 | | (1) In a county whose population is [45,000] 52,000 or more, |
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258 | 258 | | to enhance the telephone system for reporting an emergency, |
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259 | 259 | | including only: |
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260 | 260 | | (I) Paying recurring and nonrecurring charges for |
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261 | 261 | | telecommunication services necessary for the operation of the |
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262 | 262 | | enhanced telephone system; |
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263 | 263 | | (II) Paying costs for personnel and training associated |
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264 | 264 | | with the routine maintenance and updating of the database for the |
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265 | 265 | | system; |
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266 | 266 | | (III) Purchasing, leasing or renting the equipment and |
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267 | 267 | | software necessary to operate the enhanced telephone system, |
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268 | 268 | | including, without limitation, equipment and software that identify |
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269 | 269 | | the number or location from which a call is made; and |
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270 | 270 | | (IV) Paying costs associated with any maintenance, |
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271 | 271 | | upgrade and replacement of equipment and software necessary for |
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272 | 272 | | the operation of the enhanced telephone system. |
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273 | 273 | | (2) In a county whose population is less than [45,000,] |
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274 | 274 | | 52,000, to improve the telephone system for reporting an emergency |
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275 | 275 | | in the county. |
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276 | 276 | | (c) With respect to purchasing and maintaining portable event |
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277 | 277 | | recording devices and vehicular event recording devices, to pay: |
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278 | 278 | | (1) By an entity described in this subparagraph, costs |
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279 | 279 | | associated with the acquisition, maintenance, storage of data, |
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280 | 280 | | upgrade and replacement of equipment and software necessary for |
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281 | 281 | | the operation of portable event recording devices and vehicular |
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282 | 282 | | event recording devices or systems that consist of both portable |
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283 | 283 | | – 7 – |
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284 | 284 | | |
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285 | 285 | | |
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286 | 286 | | - 82nd Session (2023) |
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287 | 287 | | event recording devices and vehicular event recording devices. |
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288 | 288 | | Money may be expended pursuant to this subparagraph for the |
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289 | 289 | | purchase and maintenance of portable event recording devices or |
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290 | 290 | | vehicular event recording devices only by: |
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291 | 291 | | (I) The sheriff’s office of a county; |
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292 | 292 | | (II) A metropolitan police department; |
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293 | 293 | | (III) A police department of an incorporated city; |
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294 | 294 | | (IV) A department, division or municipal court of a city |
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295 | 295 | | or town that employs marshals; |
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296 | 296 | | (V) A department of alternative sentencing; or |
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297 | 297 | | (VI) A county school district that employs school police |
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298 | 298 | | officers. |
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299 | 299 | | (2) Costs for personnel and training associated with |
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300 | 300 | | maintaining, updating and operating the equipment, hardware and |
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301 | 301 | | software necessary for portable event recording devices and |
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302 | 302 | | vehicular event recording devices or systems that consist of both |
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303 | 303 | | portable event recording devices and vehicular event recording |
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304 | 304 | | devices. |
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305 | 305 | | (3) Costs for personnel and training associated with the |
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306 | 306 | | maintenance, retention and redaction of audio and video events |
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307 | 307 | | recorded on portable event recording devices and vehicular event |
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308 | 308 | | recording devices or systems that consist of both portable event |
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309 | 309 | | recording devices and vehicular event recording devices. |
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310 | 310 | | (d) To pay any costs associated with performing an analysis or |
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311 | 311 | | audit pursuant to NRS 244A.7648 of the surcharges collected by |
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312 | 312 | | telecommunications providers. |
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313 | 313 | | 4. For the purposes described in subsection 3, money in the |
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314 | 314 | | fund must be expended in the following order of priority: |
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315 | 315 | | (a) Paying the costs authorized pursuant to paragraph (a) of |
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316 | 316 | | subsection 3 to adopt and review the 5-year master plan. |
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317 | 317 | | (b) If the county performs an analysis or audit described in NRS |
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318 | 318 | | 244A.7648, paying the costs associated authorized pursuant to |
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319 | 319 | | paragraph (d) of subsection 3. |
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320 | 320 | | (c) Paying the costs authorized pursuant to paragraph (b) of |
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321 | 321 | | subsection 3. |
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322 | 322 | | (d) If the county has imposed a portion of the surcharge for |
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323 | 323 | | purposes of purchasing and maintaining portable event recording |
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324 | 324 | | devices and vehicular event recording devices: |
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325 | 325 | | (1) Paying the costs authorized pursuant to paragraph (c) of |
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326 | 326 | | subsection 3 other than costs related to personnel and training. |
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327 | 327 | | (2) Paying the costs authorized pursuant to paragraph (c) of |
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328 | 328 | | subsection 3 related to personnel. |
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329 | 329 | | – 8 – |
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330 | 330 | | |
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331 | 331 | | |
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332 | 332 | | - 82nd Session (2023) |
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333 | 333 | | (3) Paying the costs authorized pursuant to paragraph (c) of |
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334 | 334 | | subsection 3 related to training. |
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335 | 335 | | 5. If money in the fund is distributed to a recipient and: |
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336 | 336 | | (a) The recipient has not used the money for any purpose |
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337 | 337 | | authorized pursuant to subsection 3 within 6 months, the recipient |
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338 | 338 | | must: |
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339 | 339 | | (1) Notify the board of county commissioners and the |
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340 | 340 | | advisory committee; and |
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341 | 341 | | (2) Return the unused money. |
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342 | 342 | | (b) The recipient used any portion of the money for a purpose |
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343 | 343 | | that is not authorized pursuant to subsection 3, the recipient must: |
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344 | 344 | | (1) Notify the board of county commissioners and the |
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345 | 345 | | advisory committee; and |
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346 | 346 | | (2) Repay the portion of the money that was used for a |
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347 | 347 | | purpose not authorized pursuant to subsection 3. |
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348 | 348 | | (c) The recipient was not entitled to receive all or a portion of |
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349 | 349 | | the money, the recipient must: |
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350 | 350 | | (1) Notify the board of county commissioners and the |
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351 | 351 | | advisory committee; and |
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352 | 352 | | (2) Repay all money to which the recipient was not entitled |
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353 | 353 | | to receive. |
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354 | 354 | | 6. If the balance in the fund created in a county whose |
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355 | 355 | | population is 100,000 or more pursuant to subsection 3 which has |
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356 | 356 | | not been committed for expenditure exceeds $5,000,000 at the end |
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357 | 357 | | of any fiscal year, the board of county commissioners shall |
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358 | 358 | | reduce the amount of the surcharge imposed during the next fiscal |
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359 | 359 | | year by the amount necessary to ensure that the unencumbered |
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360 | 360 | | balance in the fund at the end of the next fiscal year does not exceed |
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361 | 361 | | $5,000,000. |
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362 | 362 | | 7. If the balance in the fund created in a county whose |
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363 | 363 | | population is [45,000] 52,000 or more but less than 100,000 |
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364 | 364 | | pursuant to subsection 3 which has not been committed for |
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365 | 365 | | expenditure exceeds $1,000,000 at the end of any fiscal year, the |
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366 | 366 | | board of county commissioners shall reduce the amount of the |
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367 | 367 | | surcharge imposed during the next fiscal year by the amount |
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368 | 368 | | necessary to ensure that the unencumbered balance in the fund at the |
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369 | 369 | | end of the next fiscal year does not exceed $1,000,000. |
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370 | 370 | | 8. If the balance in the fund created in a county whose |
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371 | 371 | | population is less than [45,000] 52,000 pursuant to subsection 3 |
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372 | 372 | | which has not been committed for expenditure exceeds $500,000 at |
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373 | 373 | | the end of any fiscal year, the board of county commissioners shall |
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374 | 374 | | reduce the amount of the surcharge imposed during the next fiscal |
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375 | 375 | | year by the amount necessary to ensure that the unencumbered |
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376 | 376 | | – 9 – |
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377 | 377 | | |
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378 | 378 | | |
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379 | 379 | | - 82nd Session (2023) |
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380 | 380 | | balance in the fund at the end of the next fiscal year does not exceed |
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381 | 381 | | $500,000. |
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382 | 382 | | Sec. 5. NRS 248.040 is hereby amended to read as follows: |
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383 | 383 | | 248.040 1. Except as provided in NRS 248.045, each sheriff |
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384 | 384 | | may: |
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385 | 385 | | (a) Appoint, in writing signed by him or her, one or more |
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386 | 386 | | deputies, who may perform all the duties devolving on the sheriff of |
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387 | 387 | | the county and such other duties as the sheriff may from time to |
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388 | 388 | | time direct. The appointment of a deputy sheriff must not be |
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389 | 389 | | construed to confer upon that deputy policymaking authority for the |
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390 | 390 | | office of the sheriff or the county by which the deputy sheriff is |
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391 | 391 | | employed. |
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392 | 392 | | (b) Except as otherwise provided in this paragraph, only remove |
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393 | 393 | | a deputy who has completed a probationary period of 12 months for |
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394 | 394 | | cause. A deputy who functions as the head of a department or an |
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395 | 395 | | administrative employee or who has not completed the probationary |
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396 | 396 | | period may be removed at the sheriff’s pleasure. |
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397 | 397 | | 2. For the purposes of paragraph (b) of subsection 1, in any |
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398 | 398 | | county whose population is less than [45,000,] 52,000, “cause” |
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399 | 399 | | includes, without limitation: |
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400 | 400 | | (a) Failure to be certified by the Peace Officers’ Standards and |
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401 | 401 | | Training Commission within the time required by NRS 289.550; |
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402 | 402 | | (b) Loss of the certification by the Peace Officers’ Standards |
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403 | 403 | | and Training Commission required by NRS 289.550; or |
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404 | 404 | | (c) Failure to maintain a valid driver’s license. |
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405 | 405 | | This subsection does not limit or impair any internal grievance |
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406 | 406 | | procedure, grievance procedure negotiated pursuant to chapter 288 |
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407 | 407 | | of NRS or administrative remedy otherwise available to a deputy. |
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408 | 408 | | 3. No deputy sheriff is qualified to act as such unless he or she |
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409 | 409 | | has taken an oath to discharge the duties of the office faithfully and |
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410 | 410 | | impartially. The oath, together with the written appointment, must |
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411 | 411 | | be recorded in the office of the recorder of the county within which |
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412 | 412 | | the sheriff legally holds and exercises office. Revocations of such |
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413 | 413 | | appointments must be recorded as provided in this subsection. From |
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414 | 414 | | the time of the recording of the appointments or revocations therein, |
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415 | 415 | | persons shall be deemed to have notice of the appointments or |
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416 | 416 | | revocations. |
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417 | 417 | | 4. The sheriff may require of his or her deputies such bonds as |
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418 | 418 | | to the sheriff seem proper. |
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419 | 419 | | Sec. 6. NRS 241.020 is hereby amended to read as follows: |
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420 | 420 | | 241.020 1. Except as otherwise provided by specific statute, |
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421 | 421 | | all meetings of public bodies must be open and public, and all |
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422 | 422 | | persons must be permitted to attend any meeting of these public |
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423 | 423 | | – 10 – |
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424 | 424 | | |
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425 | 425 | | |
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426 | 426 | | - 82nd Session (2023) |
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427 | 427 | | bodies at a physical location or by means of a remote technology |
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428 | 428 | | system. A meeting that is closed pursuant to a specific statute may |
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429 | 429 | | only be closed to the extent specified in the statute allowing the |
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430 | 430 | | meeting to be closed. All other portions of the meeting must be open |
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431 | 431 | | and public, and the public body must comply with all other |
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432 | 432 | | provisions of this chapter to the extent not specifically precluded by |
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433 | 433 | | the specific statute. Public officers and employees responsible for |
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434 | 434 | | these meetings shall make reasonable efforts to assist and |
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435 | 435 | | accommodate persons with physical disabilities desiring to attend. |
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436 | 436 | | 2. If any portion of a meeting is open to the public, the public |
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437 | 437 | | officers and employees responsible for the meeting must make |
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438 | 438 | | reasonable efforts to ensure the facilities for the meeting are large |
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439 | 439 | | enough to accommodate the anticipated number of attendees. No |
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440 | 440 | | violation of this chapter occurs if a member of the public is not |
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441 | 441 | | permitted to attend a public meeting because the facilities for the |
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442 | 442 | | meeting have reached maximum capacity if reasonable efforts were |
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443 | 443 | | taken to accommodate the anticipated number of attendees. Nothing |
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444 | 444 | | in this subsection requires a public body to incur any costs to secure |
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445 | 445 | | a facility outside the control or jurisdiction of the public body or to |
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446 | 446 | | upgrade, improve or otherwise modify an existing facility to |
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447 | 447 | | accommodate the anticipated number of attendees. |
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448 | 448 | | 3. Except in an emergency, written notice of all meetings must |
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449 | 449 | | be given at least 3 working days before the meeting. The notice |
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450 | 450 | | must include: |
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451 | 451 | | (a) The time, place and location of the meeting. If the meeting is |
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452 | 452 | | held using a remote technology system pursuant to NRS 241.023 |
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453 | 453 | | and has no physical location, the notice must include information on |
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454 | 454 | | how a member of the public may: |
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455 | 455 | | (1) Use the remote technology system to hear and observe |
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456 | 456 | | the meeting; |
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457 | 457 | | (2) Participate in the meeting by telephone; and |
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458 | 458 | | (3) Provide live public comment during the meeting and, if |
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459 | 459 | | authorized by the public body, provide prerecorded public comment. |
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460 | 460 | | (b) A list of the locations where the notice has been posted. |
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461 | 461 | | (c) The name, contact information and business address for the |
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462 | 462 | | person designated by the public body from whom a member of the |
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463 | 463 | | public may request the supporting material for the meeting |
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464 | 464 | | described in subsection 7 and: |
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465 | 465 | | (1) A list of the locations where the supporting material is |
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466 | 466 | | available to the public; or |
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467 | 467 | | (2) Information about how the supporting material may be |
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468 | 468 | | found on the Internet website of the public body. |
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469 | 469 | | (d) An agenda consisting of: |
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470 | 470 | | – 11 – |
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471 | 471 | | |
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472 | 472 | | |
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473 | 473 | | - 82nd Session (2023) |
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474 | 474 | | (1) A clear and complete statement of the topics scheduled to |
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475 | 475 | | be considered during the meeting. |
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476 | 476 | | (2) A list describing the items on which action may be taken |
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477 | 477 | | and clearly denoting that action may be taken on those items by |
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478 | 478 | | placing the term “for possible action” next to the appropriate item |
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479 | 479 | | or, if the item is placed on the agenda pursuant to NRS 241.0365, by |
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480 | 480 | | placing the term “for possible corrective action” next to the |
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481 | 481 | | appropriate item. |
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482 | 482 | | (3) Periods devoted to comments by the general public, if |
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483 | 483 | | any, and discussion of those comments. Comments by the general |
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484 | 484 | | public must be taken: |
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485 | 485 | | (I) At the beginning of the meeting before any items on |
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486 | 486 | | which action may be taken are heard by the public body and again |
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487 | 487 | | before the adjournment of the meeting; or |
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488 | 488 | | (II) After each item on the agenda on which action may |
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489 | 489 | | be taken is discussed by the public body, but before the public body |
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490 | 490 | | takes action on the item. |
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491 | 491 | | The provisions of this subparagraph do not prohibit a public body |
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492 | 492 | | from taking comments by the general public in addition to what is |
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493 | 493 | | required pursuant to sub-subparagraph (I) or (II). Regardless of |
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494 | 494 | | whether a public body takes comments from the general public |
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495 | 495 | | pursuant to sub-subparagraph (I) or (II), the public body must allow |
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496 | 496 | | the general public to comment on any matter that is not specifically |
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497 | 497 | | included on the agenda as an action item at some time before |
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498 | 498 | | adjournment of the meeting. No action may be taken upon a matter |
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499 | 499 | | raised during a period devoted to comments by the general public |
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500 | 500 | | until the matter itself has been specifically included on an agenda as |
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501 | 501 | | an item upon which action may be taken pursuant to |
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502 | 502 | | subparagraph (2). |
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503 | 503 | | (4) If any portion of the meeting will be closed to consider |
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504 | 504 | | the character, alleged misconduct or professional competence of a |
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505 | 505 | | person, the name of the person whose character, alleged misconduct |
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506 | 506 | | or professional competence will be considered. |
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507 | 507 | | (5) If, during any portion of the meeting, the public body will |
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508 | 508 | | consider whether to take administrative action regarding a person, |
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509 | 509 | | the name of that person. |
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510 | 510 | | (6) Notification that: |
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511 | 511 | | (I) Items on the agenda may be taken out of order; |
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512 | 512 | | (II) The public body may combine two or more agenda |
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513 | 513 | | items for consideration; and |
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514 | 514 | | (III) The public body may remove an item from the |
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515 | 515 | | agenda or delay discussion relating to an item on the agenda at any |
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516 | 516 | | time. |
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517 | 517 | | – 12 – |
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518 | 518 | | |
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519 | 519 | | |
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520 | 520 | | - 82nd Session (2023) |
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521 | 521 | | (7) Any restrictions on comments by the general public. Any |
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522 | 522 | | such restrictions must be reasonable and may restrict the time, place |
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523 | 523 | | and manner of the comments, but may not restrict comments based |
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524 | 524 | | upon viewpoint. |
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525 | 525 | | 4. Minimum public notice is: |
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526 | 526 | | (a) Posting a copy of the notice at the principal office of the |
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527 | 527 | | public body. If the meeting is held using a remote technology |
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528 | 528 | | system pursuant to NRS 241.023 and has no physical location, |
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529 | 529 | | the public body must also post the notice to the Internet website |
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530 | 530 | | of the public body not later than 9 a.m. of the third working day |
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531 | 531 | | before the meeting is to be held unless the public body is unable to |
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532 | 532 | | do so because of technical problems relating to the operation or |
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533 | 533 | | maintenance of the Internet website of the public body. |
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534 | 534 | | (b) Posting the notice on the official website of the State |
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535 | 535 | | pursuant to NRS 232.2175 not later than 9 a.m. of the third working |
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536 | 536 | | day before the meeting is to be held, unless the public body is |
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537 | 537 | | unable to do so because of technical problems relating to the |
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538 | 538 | | operation or maintenance of the official website of the State. |
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539 | 539 | | (c) Providing a copy of the notice to any person who has |
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540 | 540 | | requested notice of the meetings of the public body. A request for |
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541 | 541 | | notice lapses 6 months after it is made. The public body shall inform |
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542 | 542 | | the requester of this fact by enclosure with, notation upon or text |
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543 | 543 | | included within the first notice sent. The notice must be: |
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544 | 544 | | (1) Delivered to the postal service used by the public body |
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545 | 545 | | not later than 9 a.m. of the third working day before the meeting for |
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546 | 546 | | transmittal to the requester by regular mail; or |
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547 | 547 | | (2) Transmitted to the requester by electronic mail sent not |
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548 | 548 | | later than 9 a.m. of the third working day before the meeting. |
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549 | 549 | | 5. For each of its meetings, a public body shall document in |
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550 | 550 | | writing that the public body complied with the minimum public |
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551 | 551 | | notice required by paragraph (a) of subsection 4. The documentation |
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552 | 552 | | must be prepared by every person who posted a copy of the public |
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553 | 553 | | notice and include, without limitation: |
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554 | 554 | | (a) The date and time when the person posted the copy of the |
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555 | 555 | | public notice; |
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556 | 556 | | (b) The address of the location where the person posted the copy |
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557 | 557 | | of the public notice; and |
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558 | 558 | | (c) The name, title and signature of the person who posted the |
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559 | 559 | | copy of the notice. |
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560 | 560 | | 6. Except as otherwise provided in paragraph (a) of subsection |
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561 | 561 | | 4, if a public body maintains a website on the Internet or its |
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562 | 562 | | successor, the public body shall post notice of each of its meetings |
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563 | 563 | | on its website unless the public body is unable to do so because of |
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564 | 564 | | – 13 – |
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565 | 565 | | |
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566 | 566 | | |
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567 | 567 | | - 82nd Session (2023) |
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568 | 568 | | technical problems relating to the operation or maintenance of its |
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569 | 569 | | website. Notice posted pursuant to this subsection is supplemental to |
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570 | 570 | | and is not a substitute for the minimum public notice required |
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571 | 571 | | pursuant to subsection 4. The inability of a public body to post |
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572 | 572 | | notice of a meeting pursuant to this subsection as a result of |
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573 | 573 | | technical problems with its website shall not be deemed to be a |
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574 | 574 | | violation of the provisions of this chapter. |
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575 | 575 | | 7. Upon any request, a public body shall provide, at no charge, |
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576 | 576 | | at least one copy of: |
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577 | 577 | | (a) An agenda for a public meeting; |
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578 | 578 | | (b) A proposed ordinance or regulation which will be discussed |
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579 | 579 | | at the public meeting; and |
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580 | 580 | | (c) Subject to the provisions of subsection 8 or 9, as applicable, |
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581 | 581 | | any other supporting material provided to the members of the public |
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582 | 582 | | body for an item on the agenda, except materials: |
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583 | 583 | | (1) Submitted to the public body pursuant to a nondisclosure |
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584 | 584 | | or confidentiality agreement which relates to proprietary |
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585 | 585 | | information; |
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586 | 586 | | (2) Pertaining to the closed portion of such a meeting of the |
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587 | 587 | | public body; or |
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588 | 588 | | (3) Declared confidential by law, unless otherwise agreed to |
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589 | 589 | | by each person whose interest is being protected under the order of |
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590 | 590 | | confidentiality. |
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591 | 591 | | The public body shall make at least one copy of the documents |
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592 | 592 | | described in paragraphs (a), (b) and (c) available to the public at the |
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593 | 593 | | meeting to which the documents pertain. As used in this subsection, |
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594 | 594 | | “proprietary information” has the meaning ascribed to it in |
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595 | 595 | | NRS 332.025. |
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596 | 596 | | 8. Unless it must be made available at an earlier time pursuant |
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597 | 597 | | to NRS 288.153, a copy of supporting material required to be |
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598 | 598 | | provided upon request pursuant to paragraph (c) of subsection 7 |
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599 | 599 | | must be: |
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600 | 600 | | (a) If the supporting material is provided to the members of the |
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601 | 601 | | public body before the meeting, made available to the requester at |
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602 | 602 | | the time the material is provided to the members of the public body; |
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603 | 603 | | or |
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604 | 604 | | (b) If the supporting material is provided to the members of the |
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605 | 605 | | public body at the meeting, made available at the meeting to the |
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606 | 606 | | requester at the same time the material is provided to the members |
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607 | 607 | | of the public body. |
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608 | 608 | | If the requester has agreed to receive the information and material |
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609 | 609 | | set forth in subsection 7 by electronic mail, the public body shall, if |
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610 | 610 | | feasible, provide the information and material by electronic mail. |
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611 | 611 | | – 14 – |
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612 | 612 | | |
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613 | 613 | | |
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614 | 614 | | - 82nd Session (2023) |
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615 | 615 | | 9. Unless the supporting material must be posted at an earlier |
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616 | 616 | | time pursuant to NRS 288.153, and except as otherwise provided in |
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617 | 617 | | subsection 11, the governing body of a county or city whose |
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618 | 618 | | population is [45,000] 52,000 or more shall post the supporting |
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619 | 619 | | material described in paragraph (c) of subsection 7 to its website not |
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620 | 620 | | later than the time the material is provided to the members of the |
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621 | 621 | | governing body or, if the supporting material is provided to the |
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622 | 622 | | members of the governing body at a meeting, not later than 24 hours |
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623 | 623 | | after the conclusion of the meeting. Such posting is supplemental to |
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624 | 624 | | the right of the public to request the supporting material pursuant to |
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625 | 625 | | subsection 7. The inability of the governing body, as a result of |
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626 | 626 | | technical problems with its website, to post supporting material |
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627 | 627 | | pursuant to this subsection shall not be deemed to be a violation of |
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628 | 628 | | the provisions of this chapter. |
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629 | 629 | | 10. Except as otherwise provided in subsection 11, a public |
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630 | 630 | | body may provide the public notice, information or supporting |
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631 | 631 | | material required by this section by electronic mail. Except as |
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632 | 632 | | otherwise provided in this subsection, if a public body makes such |
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633 | 633 | | notice, information or supporting material available by electronic |
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634 | 634 | | mail, the public body shall inquire of a person who requests the |
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635 | 635 | | notice, information or supporting material if the person will accept |
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636 | 636 | | receipt by electronic mail. If a public body is required to post the |
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637 | 637 | | public notice, information or supporting material on its website |
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638 | 638 | | pursuant to this section, the public body shall inquire of a person |
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639 | 639 | | who requests the notice, information or supporting material if the |
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640 | 640 | | person will accept by electronic mail a link to the posting on the |
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641 | 641 | | website when the documents are made available. The inability of a |
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642 | 642 | | public body, as a result of technical problems with its electronic |
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643 | 643 | | mail system, to provide a public notice, information or supporting |
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644 | 644 | | material or a link to a website required by this section to a person |
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645 | 645 | | who has agreed to receive such notice, information, supporting |
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646 | 646 | | material or link by electronic mail shall not be deemed to be a |
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647 | 647 | | violation of the provisions of this chapter. |
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648 | 648 | | 11. If a public body holds a meeting using a remote technology |
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649 | 649 | | system pursuant to NRS 241.023 and has no physical location for |
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650 | 650 | | the meeting, the public body must: |
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651 | 651 | | (a) Have an Internet website; and |
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652 | 652 | | (b) Post to its Internet website: |
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653 | 653 | | (1) The public notice required by this section; and |
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654 | 654 | | (2) Supporting material not later than the time the material is |
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655 | 655 | | provided to the members of the governing body or, if the supporting |
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656 | 656 | | material is provided to the members of the governing body at a |
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657 | 657 | | meeting, not later than 24 hours after the conclusion of the meeting. |
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658 | 658 | | – 15 – |
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659 | 659 | | |
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660 | 660 | | |
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661 | 661 | | - 82nd Session (2023) |
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662 | 662 | | The inability of the governing body, as a result of technical |
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663 | 663 | | problems with its Internet website, to post supporting material |
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664 | 664 | | pursuant to this subsection shall not be deemed to be a violation of |
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665 | 665 | | the provisions of this chapter. |
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666 | 666 | | 12. As used in this section, “emergency” means an unforeseen |
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667 | 667 | | circumstance which requires immediate action and includes, but is |
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668 | 668 | | not limited to: |
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669 | 669 | | (a) Disasters caused by fire, flood, earthquake or other natural |
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670 | 670 | | causes; or |
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671 | 671 | | (b) Any impairment of the health and safety of the public. |
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672 | 672 | | Sec. 7. NRS 241.0355 is hereby amended to read as follows: |
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673 | 673 | | 241.0355 1. A public body that is required to be composed of |
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674 | 674 | | elected officials only may not take action by vote unless at least a |
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675 | 675 | | majority of all the members of the public body vote in favor of the |
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676 | 676 | | action. For purposes of this subsection, a public body may not count |
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677 | 677 | | an abstention as a vote in favor of an action. |
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678 | 678 | | 2. In a county whose population is [45,000] 52,000 or more, |
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679 | 679 | | the provisions of subsection 5 of NRS 281A.420 do not apply to a |
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680 | 680 | | public body that is required to be composed of elected officials only, |
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681 | 681 | | unless before abstaining from the vote, the member of the public |
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682 | 682 | | body receives and discloses the opinion of the legal counsel |
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683 | 683 | | authorized by law to provide legal advice to the public body that the |
---|
684 | 684 | | abstention is required pursuant to NRS 281A.420. The opinion of |
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685 | 685 | | counsel must be in writing and set forth with specificity the factual |
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686 | 686 | | circumstances and analysis leading to that conclusion. |
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687 | 687 | | Sec. 8. NRS 268.059 is hereby amended to read as follows: |
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688 | 688 | | 268.059 1. Except as otherwise provided in NRS 268.048 to |
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689 | 689 | | 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and |
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690 | 690 | | subsection 4 of NRS 496.080, except as otherwise required by |
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691 | 691 | | federal law, except as otherwise required pursuant to a cooperative |
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692 | 692 | | agreement entered into pursuant to NRS 277.050 or 277.053 or an |
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693 | 693 | | interlocal agreement in existence on October 1, 2004, except if the |
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694 | 694 | | governing body is entering into a joint development agreement for |
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695 | 695 | | real property owned by the city to which the governing body is a |
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696 | 696 | | party, except for a lease of residential property with a term of 1 year |
---|
697 | 697 | | or less, except for the sale or lease of real property to a public |
---|
698 | 698 | | utility, as defined in NRS 704.020, to be used for a public purpose, |
---|
699 | 699 | | except for the sale or lease of real property to the State or another |
---|
700 | 700 | | governmental entity and except for the sale or lease of real property |
---|
701 | 701 | | larger than 1 acre which is approved by the voters at a primary or |
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702 | 702 | | general election, primary or general city election or special election, |
---|
703 | 703 | | the governing body shall, when offering any real property for sale or |
---|
704 | 704 | | lease: |
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705 | 705 | | – 16 – |
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706 | 706 | | |
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707 | 707 | | |
---|
708 | 708 | | - 82nd Session (2023) |
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709 | 709 | | (a) Except as otherwise provided in this paragraph and |
---|
710 | 710 | | paragraph (h) of subsection 1 of NRS 268.061, obtain two |
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711 | 711 | | independent appraisals of the real property before selling or leasing |
---|
712 | 712 | | it. If the governing body holds a public hearing on the matter of the |
---|
713 | 713 | | fair market value of the real property, one independent appraisal of |
---|
714 | 714 | | the real property is sufficient before selling or leasing it. The |
---|
715 | 715 | | appraisal or appraisals, as applicable, must be based on the zoning |
---|
716 | 716 | | of the real property as set forth in the master plan for the city and |
---|
717 | 717 | | must have been prepared not more than 6 months before the date on |
---|
718 | 718 | | which real property is offered for sale or lease. |
---|
719 | 719 | | (b) Select the one independent appraiser or two independent |
---|
720 | 720 | | appraisers, as applicable, from the list of appraisers established |
---|
721 | 721 | | pursuant to subsection 2. |
---|
722 | 722 | | (c) Verify the qualifications of each appraiser selected pursuant |
---|
723 | 723 | | to paragraph (b). The determination of the governing body as to the |
---|
724 | 724 | | qualifications of the appraiser is conclusive. |
---|
725 | 725 | | 2. The governing body shall adopt by ordinance the procedures |
---|
726 | 726 | | for creating or amending a list of appraisers qualified to conduct |
---|
727 | 727 | | appraisals of real property offered for sale or lease by the governing |
---|
728 | 728 | | body. The list must: |
---|
729 | 729 | | (a) Contain the names of all persons qualified to act as a general |
---|
730 | 730 | | appraiser in the same county as the real property that may be |
---|
731 | 731 | | appraised; and |
---|
732 | 732 | | (b) Be organized at random and rotated from time to time. |
---|
733 | 733 | | 3. An appraiser chosen pursuant to subsection 1 must provide a |
---|
734 | 734 | | disclosure statement which includes, without limitation, all sources |
---|
735 | 735 | | of income of the appraiser that may constitute a conflict of interest |
---|
736 | 736 | | and any relationship of the appraiser with the property owner or the |
---|
737 | 737 | | owner of an adjoining property. |
---|
738 | 738 | | 4. An appraiser shall not perform an appraisal on any real |
---|
739 | 739 | | property offered for sale or lease by the governing body if: |
---|
740 | 740 | | (a) The appraiser has an interest in the real property or an |
---|
741 | 741 | | adjoining property; |
---|
742 | 742 | | (b) The real property is located in a city in a county whose |
---|
743 | 743 | | population is [45,000] 52,000 or more and any person who is related |
---|
744 | 744 | | to the appraiser has an interest in the real property or an adjoining |
---|
745 | 745 | | property and the relationship between the appraiser and the person is |
---|
746 | 746 | | within the third degree of consanguinity or affinity; or |
---|
747 | 747 | | (c) The real property is located in a city in a county whose |
---|
748 | 748 | | population is less than [45,000] 52,000 and any person who is |
---|
749 | 749 | | related to the appraiser has an interest in the real property or an |
---|
750 | 750 | | adjoining property and the relationship between the appraiser and |
---|
751 | 751 | | the person is within the second degree of consanguinity or affinity. |
---|
752 | 752 | | – 17 – |
---|
753 | 753 | | |
---|
754 | 754 | | |
---|
755 | 755 | | - 82nd Session (2023) |
---|
756 | 756 | | 5. If real property is sold or leased in violation of the |
---|
757 | 757 | | provisions of this section: |
---|
758 | 758 | | (a) The sale or lease is void; and |
---|
759 | 759 | | (b) Any change to an ordinance or law governing the zoning or |
---|
760 | 760 | | use of the real property is void if the change takes place within 5 |
---|
761 | 761 | | years after the date of the void sale or lease. |
---|
762 | 762 | | Sec. 9. NRS 278.02095 is hereby amended to read as follows: |
---|
763 | 763 | | 278.02095 1. Except as otherwise provided in this section, in |
---|
764 | 764 | | an ordinance relating to the zoning of land adopted or amended by a |
---|
765 | 765 | | governing body, the definition of “single-family residence” must |
---|
766 | 766 | | include a manufactured home. |
---|
767 | 767 | | 2. Notwithstanding the provisions of subsection 1, a governing |
---|
768 | 768 | | body shall adopt standards for the placement of a manufactured |
---|
769 | 769 | | home that will not be affixed to a lot within a mobile home park |
---|
770 | 770 | | which require that: |
---|
771 | 771 | | (a) The manufactured home: |
---|
772 | 772 | | (1) Be permanently affixed to a residential lot; |
---|
773 | 773 | | (2) Be manufactured within the 6 years immediately |
---|
774 | 774 | | preceding the date on which it is affixed to the residential lot; |
---|
775 | 775 | | (3) Have exterior siding and roofing which is similar in |
---|
776 | 776 | | color, material and appearance to the exterior siding and roofing |
---|
777 | 777 | | primarily used on other single-family residential dwellings in the |
---|
778 | 778 | | immediate vicinity of the manufactured home, as established by the |
---|
779 | 779 | | governing body; |
---|
780 | 780 | | (4) Consist of more than one section; and |
---|
781 | 781 | | (5) Consist of at least 1,200 square feet of living area unless |
---|
782 | 782 | | the governing body, by administrative variance or other expedited |
---|
783 | 783 | | procedure established by the governing body, approves a lesser |
---|
784 | 784 | | amount of square footage based on the size or configuration of the |
---|
785 | 785 | | lot or the square footage of single-family residential dwellings in the |
---|
786 | 786 | | immediate vicinity of the manufactured home; and |
---|
787 | 787 | | (b) If the manufactured home has an elevated foundation, the |
---|
788 | 788 | | foundation is masked architecturally in a manner determined by the |
---|
789 | 789 | | governing body. |
---|
790 | 790 | | The governing body of a local government in a county whose |
---|
791 | 791 | | population is less than [45,000] 52,000 may adopt standards that are |
---|
792 | 792 | | less restrictive than the standards set forth in this subsection. |
---|
793 | 793 | | 3. Standards adopted by a governing body pursuant to |
---|
794 | 794 | | subsection 2 must be objective and documented clearly and must not |
---|
795 | 795 | | be adopted to discourage or impede the construction or provision of |
---|
796 | 796 | | affordable housing, including, without limitation, the use of |
---|
797 | 797 | | manufactured homes for affordable housing. |
---|
798 | 798 | | – 18 – |
---|
799 | 799 | | |
---|
800 | 800 | | |
---|
801 | 801 | | - 82nd Session (2023) |
---|
802 | 802 | | 4. Before a building department issues a permit to place a |
---|
803 | 803 | | manufactured home on a lot pursuant to this section, other than a |
---|
804 | 804 | | new manufactured home, the owner must surrender the certificate of |
---|
805 | 805 | | ownership to the Housing Division of the Department of Business |
---|
806 | 806 | | and Industry. The Division shall provide proof of such a surrender |
---|
807 | 807 | | to the owner who must submit that proof to the building department. |
---|
808 | 808 | | 5. The provisions of this section do not abrogate a recorded |
---|
809 | 809 | | restrictive covenant prohibiting manufactured homes, nor do the |
---|
810 | 810 | | provisions apply within the boundaries of a historic district |
---|
811 | 811 | | established pursuant to NRS 384.005 or 384.100. An application to |
---|
812 | 812 | | place a manufactured home on a residential lot pursuant to this |
---|
813 | 813 | | section constitutes an attestation by the owner of the lot that the |
---|
814 | 814 | | placement complies with all covenants, conditions and restrictions |
---|
815 | 815 | | placed on the lot and that the lot is not located within a historic |
---|
816 | 816 | | district. |
---|
817 | 817 | | 6. As used in this section: |
---|
818 | 818 | | (a) “Manufactured home” has the meaning ascribed to it in |
---|
819 | 819 | | NRS 489.113. |
---|
820 | 820 | | (b) “New manufactured home” has the meaning ascribed to it in |
---|
821 | 821 | | NRS 489.125. |
---|
822 | 822 | | Sec. 10. NRS 278.030 is hereby amended to read as follows: |
---|
823 | 823 | | 278.030 1. The governing body of each city whose |
---|
824 | 824 | | population is 25,000 or more and of each county whose population |
---|
825 | 825 | | is [45,000] 52,000 or more shall create by ordinance a planning |
---|
826 | 826 | | commission to consist of seven members. |
---|
827 | 827 | | 2. Cities whose population is less than 25,000 and counties |
---|
828 | 828 | | whose population is less than [45,000] 52,000 may create by |
---|
829 | 829 | | ordinance a planning commission to consist of seven members. If |
---|
830 | 830 | | the governing body of any city whose population is less than 25,000 |
---|
831 | 831 | | or of any county whose population is less than [45,000] 52,000 |
---|
832 | 832 | | deems the creation of a planning commission unnecessary or |
---|
833 | 833 | | inadvisable, the governing body may, in lieu of creating a planning |
---|
834 | 834 | | commission as provided in this subsection, perform all the functions |
---|
835 | 835 | | and have all of the powers which would otherwise be granted to and |
---|
836 | 836 | | be performed by the planning commission. |
---|
837 | 837 | | Sec. 11. NRS 293.464 is hereby amended to read as follows: |
---|
838 | 838 | | 293.464 1. If a court of competent jurisdiction orders a |
---|
839 | 839 | | county to extend the deadline for voting beyond the statutory |
---|
840 | 840 | | deadline in a particular election, the county clerk shall, as soon as |
---|
841 | 841 | | practicable after receiving notice of the court’s decision: |
---|
842 | 842 | | (a) Cause notice of the extended deadline to be published in a |
---|
843 | 843 | | newspaper of general circulation in the county; and |
---|
844 | 844 | | – 19 – |
---|
845 | 845 | | |
---|
846 | 846 | | |
---|
847 | 847 | | - 82nd Session (2023) |
---|
848 | 848 | | (b) Transmit a notice of the extended deadline to each registered |
---|
849 | 849 | | voter who received a mail ballot for the election and has not |
---|
850 | 850 | | returned the mail ballot before the date on which the notice will be |
---|
851 | 851 | | transmitted. |
---|
852 | 852 | | 2. The notice required pursuant to paragraph (a) of subsection 1 |
---|
853 | 853 | | must be published: |
---|
854 | 854 | | (a) In a county whose population is [47,500] 52,000 or more, on |
---|
855 | 855 | | at least 3 successive days. |
---|
856 | 856 | | (b) In a county whose population is less than [47,500,] 52,000, |
---|
857 | 857 | | at least twice in successive issues of the newspaper. |
---|
858 | 858 | | Sec. 12. NRS 318.5121 is hereby amended to read as follows: |
---|
859 | 859 | | 318.5121 1. The board of trustees shall adopt by resolution |
---|
860 | 860 | | the procedures for creating and maintaining a list of appraisers |
---|
861 | 861 | | qualified to conduct appraisals of real property offered for sale by |
---|
862 | 862 | | the board. The list must: |
---|
863 | 863 | | (a) Contain the names of all persons qualified to act as a general |
---|
864 | 864 | | appraiser in the same county as the real property that may be |
---|
865 | 865 | | appraised; and |
---|
866 | 866 | | (b) Be organized at random and rotated from time to time. |
---|
867 | 867 | | 2. An appraiser chosen pursuant to subsection 1 must provide a |
---|
868 | 868 | | disclosure statement which includes, without limitation, all sources |
---|
869 | 869 | | of income that may constitute a conflict of interest and any |
---|
870 | 870 | | relationship with the real property owner or the owner of an |
---|
871 | 871 | | adjoining real property. |
---|
872 | 872 | | 3. An appraiser shall not perform an appraisal on any real |
---|
873 | 873 | | property for sale by the board of trustees if: |
---|
874 | 874 | | (a) The appraiser has an interest in the real property or an |
---|
875 | 875 | | adjoining property; |
---|
876 | 876 | | (b) The real property is located in a county whose population is |
---|
877 | 877 | | [45,000] 52,000 or more and any person who is related to the |
---|
878 | 878 | | appraiser has an interest in the real property or an adjoining property |
---|
879 | 879 | | and the relationship between the appraiser and the person is within |
---|
880 | 880 | | the third degree of consanguinity or affinity; or |
---|
881 | 881 | | (c) The real property is located in a county whose population is |
---|
882 | 882 | | less than [45,000] 52,000 and any person who is related to the |
---|
883 | 883 | | appraiser has an interest in the real property or an adjoining property |
---|
884 | 884 | | and the relationship between the appraiser and the person is within |
---|
885 | 885 | | the second degree of consanguinity or affinity. |
---|
886 | 886 | | Sec. 13. NRS 350.0125 is hereby amended to read as follows: |
---|
887 | 887 | | 350.0125 1. The commission in a county whose population is |
---|
888 | 888 | | less than [47,500] 52,000 may request technical assistance from the |
---|
889 | 889 | | Department of Taxation to carry out the duties of the commission. |
---|
890 | 890 | | Upon such a request, the Department of Taxation shall provide to |
---|
891 | 891 | | – 20 – |
---|
892 | 892 | | |
---|
893 | 893 | | |
---|
894 | 894 | | - 82nd Session (2023) |
---|
895 | 895 | | that commission such technical assistance to the extent that |
---|
896 | 896 | | resources are available. |
---|
897 | 897 | | 2. The board of county commissioners of a county whose |
---|
898 | 898 | | population is [47,500] 52,000 or more shall provide the commission |
---|
899 | 899 | | in that county with such staff as is necessary to carry out the duties |
---|
900 | 900 | | of the commission. The staff provided to the commission pursuant |
---|
901 | 901 | | to this subsection shall provide such technical assistance to the |
---|
902 | 902 | | commission as the commission requires, except the staff shall not |
---|
903 | 903 | | render an opinion on the merits of any proposal or other matter |
---|
904 | 904 | | before the commission. |
---|
905 | 905 | | Sec. 14. NRS 361.453 is hereby amended to read as follows: |
---|
906 | 906 | | 361.453 1. Except as otherwise provided in this section and |
---|
907 | 907 | | NRS 354.705, 354.723, 387.3288 and 450.760, the total ad valorem |
---|
908 | 908 | | tax levy for all public purposes must not exceed $3.64 on each $100 |
---|
909 | 909 | | of assessed valuation, or a lesser or greater amount fixed by the |
---|
910 | 910 | | State Board of Examiners if the State Board of Examiners is |
---|
911 | 911 | | directed by law to fix a lesser or greater amount for that fiscal year. |
---|
912 | 912 | | 2. Any levy imposed by the Legislature for the repayment of |
---|
913 | 913 | | bonded indebtedness or the operating expenses of the State of |
---|
914 | 914 | | Nevada and any levy imposed by the board of county |
---|
915 | 915 | | commissioners pursuant to NRS 387.195 that is in excess of 50 |
---|
916 | 916 | | cents on each $100 of assessed valuation of taxable property within |
---|
917 | 917 | | the county must not be included in calculating the limitation set |
---|
918 | 918 | | forth in subsection 1 on the total ad valorem tax levied within the |
---|
919 | 919 | | boundaries of the county, city or unincorporated town, if, in a |
---|
920 | 920 | | county whose population is less than [45,000,] 52,000, or in a city or |
---|
921 | 921 | | unincorporated town located within that county: |
---|
922 | 922 | | (a) The combined tax rate certified by the Nevada Tax |
---|
923 | 923 | | Commission was at least $3.50 on each $100 of assessed valuation |
---|
924 | 924 | | on June 25, 1998; |
---|
925 | 925 | | (b) The governing body of that county, city or unincorporated |
---|
926 | 926 | | town proposes to its registered voters an additional levy ad valorem |
---|
927 | 927 | | above the total ad valorem tax levy for all public purposes set forth |
---|
928 | 928 | | in subsection 1; |
---|
929 | 929 | | (c) The proposal specifies the amount of money to be derived, |
---|
930 | 930 | | the purpose for which it is to be expended and the duration of the |
---|
931 | 931 | | levy; and |
---|
932 | 932 | | (d) The proposal is approved by a majority of the voters voting |
---|
933 | 933 | | on the question at a general election or a special election called for |
---|
934 | 934 | | that purpose. |
---|
935 | 935 | | 3. The duration of the additional levy ad valorem levied |
---|
936 | 936 | | pursuant to subsection 2 must not exceed 5 years. The governing |
---|
937 | 937 | | body of the county, city or unincorporated town may discontinue the |
---|
938 | 938 | | – 21 – |
---|
939 | 939 | | |
---|
940 | 940 | | |
---|
941 | 941 | | - 82nd Session (2023) |
---|
942 | 942 | | levy before it expires and may not thereafter reimpose it in whole or |
---|
943 | 943 | | in part without following the procedure required for its original |
---|
944 | 944 | | imposition set forth in subsection 2. |
---|
945 | 945 | | 4. A special election may be held pursuant to subsection 2 only |
---|
946 | 946 | | if the governing body of the county, city or unincorporated town |
---|
947 | 947 | | determines, by a unanimous vote, that an emergency exists. The |
---|
948 | 948 | | determination made by the governing body is conclusive unless it is |
---|
949 | 949 | | shown that the governing body acted with fraud or a gross abuse of |
---|
950 | 950 | | discretion. An action to challenge the determination made by the |
---|
951 | 951 | | governing body must be commenced within 15 days after the |
---|
952 | 952 | | governing body’s determination is final. As used in this subsection, |
---|
953 | 953 | | “emergency” means any unexpected occurrence or combination of |
---|
954 | 954 | | occurrences which requires immediate action by the governing body |
---|
955 | 955 | | of the county, city or unincorporated town to prevent or mitigate a |
---|
956 | 956 | | substantial financial loss to the county, city or unincorporated town |
---|
957 | 957 | | or to enable the governing body to provide an essential service to |
---|
958 | 958 | | the residents of the county, city or unincorporated town. |
---|
959 | 959 | | Sec. 15. NRS 379.050 is hereby amended to read as follows: |
---|
960 | 960 | | 379.050 1. Whenever a new county library is provided for in |
---|
961 | 961 | | any county whose population is [45,000] 52,000 or more, the |
---|
962 | 962 | | trustees of any district library in the county previously established |
---|
963 | 963 | | may transfer all books, funds, equipment or other property in the |
---|
964 | 964 | | possession of such trustees to the new library upon the demand of |
---|
965 | 965 | | the trustees of the new library. |
---|
966 | 966 | | 2. Whenever there are two or more county library districts in |
---|
967 | 967 | | any county whose population is [45,000] 52,000 or more, the |
---|
968 | 968 | | districts may merge into one county library district upon approval of |
---|
969 | 969 | | the library trustees of the merging districts. |
---|
970 | 970 | | 3. Whenever there is a city or a town library located adjacent to |
---|
971 | 971 | | a county library district, the city or town library may: |
---|
972 | 972 | | (a) Merge with the county library district upon approval of the |
---|
973 | 973 | | trustees of the merging library and district; or |
---|
974 | 974 | | (b) Subject to the limitations in NRS 379.0221, consolidate with |
---|
975 | 975 | | the county library district. |
---|
976 | 976 | | 4. All expenses incurred in making a transfer or merger must |
---|
977 | 977 | | be paid out of the general fund of the new library. |
---|
978 | 978 | | Sec. 15.5. NRS 387.331 is hereby amended to read as follows: |
---|
979 | 979 | | 387.331 1. The tax on residential construction authorized by |
---|
980 | 980 | | this section is a specified amount which must be the same for each: |
---|
981 | 981 | | (a) Lot for a mobile home; |
---|
982 | 982 | | (b) Residential dwelling unit; and |
---|
983 | 983 | | (c) Suite in an apartment house, |
---|
984 | 984 | | – 22 – |
---|
985 | 985 | | |
---|
986 | 986 | | |
---|
987 | 987 | | - 82nd Session (2023) |
---|
988 | 988 | | imposed on the privilege of constructing apartment houses and |
---|
989 | 989 | | residential dwelling units and developing lots for mobile homes. |
---|
990 | 990 | | 2. The board of trustees of any school district in a county |
---|
991 | 991 | | whose population is less than [55,000] 100,000 and is not a |
---|
992 | 992 | | consolidated municipality may request that the board of county |
---|
993 | 993 | | commissioners of the county in which the school district is located |
---|
994 | 994 | | impose a tax on residential construction in the school district to |
---|
995 | 995 | | construct, remodel and make additions to school buildings. |
---|
996 | 996 | | Whenever the board of trustees takes that action, it shall notify the |
---|
997 | 997 | | board of county commissioners and shall specify the areas of the |
---|
998 | 998 | | county to be served by the buildings to be erected or enlarged. |
---|
999 | 999 | | 3. If the board of county commissioners decides that the tax |
---|
1000 | 1000 | | should be imposed, it shall notify the Nevada Tax Commission. If |
---|
1001 | 1001 | | the Commission approves, the board of county commissioners may |
---|
1002 | 1002 | | then impose the tax, whose specified amount must not exceed |
---|
1003 | 1003 | | $1,600. |
---|
1004 | 1004 | | 4. The board shall collect the tax so imposed, in the areas of |
---|
1005 | 1005 | | the county to which it applies, and may require that administrative |
---|
1006 | 1006 | | costs, not to exceed 1 percent, be paid from the amount collected. |
---|
1007 | 1007 | | 5. The money collected must be deposited with the county |
---|
1008 | 1008 | | treasurer in the school district’s fund for capital projects to be held |
---|
1009 | 1009 | | and expended in the same manner as other money deposited in that |
---|
1010 | 1010 | | fund. |
---|
1011 | 1011 | | Sec. 16. NRS 396.892 is hereby amended to read as follows: |
---|
1012 | 1012 | | 396.892 1. Each student who receives a loan made pursuant |
---|
1013 | 1013 | | to NRS 396.890 to 396.898, inclusive, shall repay the loan and |
---|
1014 | 1014 | | accrued interest pursuant to the terms of the loan unless the student: |
---|
1015 | 1015 | | (a) Practices nursing in a rural area of Nevada or as an employee |
---|
1016 | 1016 | | of the State for 6 months for each academic year for which he or she |
---|
1017 | 1017 | | received a loan; or |
---|
1018 | 1018 | | (b) Practices nursing in any other area of Nevada for 1 year for |
---|
1019 | 1019 | | each academic year for which he or she received a loan. |
---|
1020 | 1020 | | 2. The Board of Regents may adopt regulations: |
---|
1021 | 1021 | | (a) Extending the time for completing the required practice |
---|
1022 | 1022 | | beyond 5 years for persons who are granted extensions because of |
---|
1023 | 1023 | | hardship; and |
---|
1024 | 1024 | | (b) Granting prorated credit towards repayment of a loan for |
---|
1025 | 1025 | | time a person practices nursing as required, for cases in which the |
---|
1026 | 1026 | | period for required practice is only partially completed, |
---|
1027 | 1027 | | and such other regulations as are necessary to carry out the |
---|
1028 | 1028 | | provisions of NRS 396.890 to 396.898, inclusive. |
---|
1029 | 1029 | | 3. As used in this section, “practices nursing in a rural area” |
---|
1030 | 1030 | | means that the person practices nursing in an area located in a |
---|
1031 | 1031 | | – 23 – |
---|
1032 | 1032 | | |
---|
1033 | 1033 | | |
---|
1034 | 1034 | | - 82nd Session (2023) |
---|
1035 | 1035 | | county whose population is less than [47,500] 52,000 at least half of |
---|
1036 | 1036 | | the total time the person spends in the practice of nursing, and not |
---|
1037 | 1037 | | less than 20 hours per week. |
---|
1038 | 1038 | | Sec. 17. NRS 403.490 is hereby amended to read as follows: |
---|
1039 | 1039 | | 403.490 1. To perform any work or construct any |
---|
1040 | 1040 | | superstructure under this chapter wherein an expenditure of |
---|
1041 | 1041 | | $100,000 or more may be necessary, the board of county highway |
---|
1042 | 1042 | | commissioners shall cause definite plans of such work or |
---|
1043 | 1043 | | superstructure to be made, estimates of the amount of work to be |
---|
1044 | 1044 | | done and the probable cost thereof, together with a copy of the |
---|
1045 | 1045 | | specifications thereof. |
---|
1046 | 1046 | | 2. Except as otherwise provided in subsection 3, upon receipt |
---|
1047 | 1047 | | of the plans, estimates and specifications for a project for which the |
---|
1048 | 1048 | | estimated cost is $100,000 or more, the board of county highway |
---|
1049 | 1049 | | commissioners shall advertise for bids and let contracts in the |
---|
1050 | 1050 | | manner prescribed by chapter 332 or 338 of NRS, as applicable. |
---|
1051 | 1051 | | 3. In a county whose population is less than [45,000,] 52,000, |
---|
1052 | 1052 | | if the estimated cost of a project is $100,000 or more but less than |
---|
1053 | 1053 | | $250,000, the board of county highway commissioners may hold a |
---|
1054 | 1054 | | hearing to determine, by majority vote of the board, if the project |
---|
1055 | 1055 | | can be performed by county employees or through the employment |
---|
1056 | 1056 | | of day labor under the supervision of the board and by the use of its |
---|
1057 | 1057 | | own machinery, tools and other equipment without advertising for |
---|
1058 | 1058 | | bids and letting contracts pursuant to subsection 2. Notice for such a |
---|
1059 | 1059 | | hearing must be provided not less than 15 days before the date of the |
---|
1060 | 1060 | | hearing and must be published pursuant to the provisions of NRS |
---|
1061 | 1061 | | 238.010 to 238.080, inclusive. The board shall provide, in the notice |
---|
1062 | 1062 | | and at least 15 days before the hearing at the office of the board and |
---|
1063 | 1063 | | at the place of the hearing, the following information, without |
---|
1064 | 1064 | | limitation: |
---|
1065 | 1065 | | (a) A list of: |
---|
1066 | 1066 | | (1) All county employees, if any, including supervisors, who |
---|
1067 | 1067 | | will perform the work, including, without limitation, the |
---|
1068 | 1068 | | classification of each employee and an estimate of the direct and |
---|
1069 | 1069 | | indirect costs of the labor; |
---|
1070 | 1070 | | (2) The number of day laborers, if any, that will be employed |
---|
1071 | 1071 | | to perform the work; and |
---|
1072 | 1072 | | (3) All machinery, tools and other equipment of the county to |
---|
1073 | 1073 | | be used on the project. |
---|
1074 | 1074 | | (b) An estimate of: |
---|
1075 | 1075 | | (1) The direct and indirect costs of the labor of the county |
---|
1076 | 1076 | | employees who will perform the work, if any; |
---|
1077 | 1077 | | – 24 – |
---|
1078 | 1078 | | |
---|
1079 | 1079 | | |
---|
1080 | 1080 | | - 82nd Session (2023) |
---|
1081 | 1081 | | (2) The direct and indirect costs of the labor of any day |
---|
1082 | 1082 | | laborers who will be employed to perform the work pursuant to |
---|
1083 | 1083 | | chapter 338 of NRS; |
---|
1084 | 1084 | | (3) The cost of any administrative support that will be |
---|
1085 | 1085 | | required for the performance of the work; |
---|
1086 | 1086 | | (4) The total cost of the project, including, without |
---|
1087 | 1087 | | limitation, the fair market value or, if available, the actual cost of all |
---|
1088 | 1088 | | materials, supplies, equipment and labor necessary for the project; |
---|
1089 | 1089 | | and |
---|
1090 | 1090 | | (5) The amount of savings to be realized by having county |
---|
1091 | 1091 | | employees or day laborers perform the work. |
---|
1092 | 1092 | | 4. In cases of emergency the board of county highway |
---|
1093 | 1093 | | commissioners may let contracts for repairs in the manner |
---|
1094 | 1094 | | prescribed by chapter 332 of NRS. |
---|
1095 | 1095 | | 5. Nothing in this section shall prevent any county from |
---|
1096 | 1096 | | opening, building, improving or repairing any public road or |
---|
1097 | 1097 | | highway in the county through the work of county employees or the |
---|
1098 | 1098 | | employment of day labor, under the supervision of the board of |
---|
1099 | 1099 | | county highway commissioners and by the use of its own |
---|
1100 | 1100 | | machinery, tools and other equipment, without letting contracts to |
---|
1101 | 1101 | | the lowest responsible bidder, if the probable cost of the work does |
---|
1102 | 1102 | | not exceed $100,000. |
---|
1103 | 1103 | | Sec. 18. NRS 444A.040 is hereby amended to read as follows: |
---|
1104 | 1104 | | 444A.040 1. The board of county commissioners in a county |
---|
1105 | 1105 | | whose population is 100,000 or more, or its designee, shall make |
---|
1106 | 1106 | | available for use in that county a program for: |
---|
1107 | 1107 | | (a) The separation at the source of recyclable material from |
---|
1108 | 1108 | | other solid waste originating from residential premises and public |
---|
1109 | 1109 | | buildings where services for the collection of solid waste are |
---|
1110 | 1110 | | provided, including, without limitation, the placement of recycling |
---|
1111 | 1111 | | containers on the premises of apartment complexes and |
---|
1112 | 1112 | | condominiums where those services are provided. |
---|
1113 | 1113 | | (b) The establishment of recycling centers for the collection and |
---|
1114 | 1114 | | disposal of recyclable material where existing recycling centers do |
---|
1115 | 1115 | | not carry out the purposes of the program. |
---|
1116 | 1116 | | (c) The disposal of hazardous household products which are |
---|
1117 | 1117 | | capable of causing harmful physical effects if inhaled, absorbed or |
---|
1118 | 1118 | | ingested. This program may be included as a part of any other |
---|
1119 | 1119 | | program made available pursuant to this subsection. |
---|
1120 | 1120 | | (d) The encouragement of businesses to reduce solid waste and |
---|
1121 | 1121 | | to separate at the source recyclable material from other solid waste. |
---|
1122 | 1122 | | This program must, without limitation, make information regarding |
---|
1123 | 1123 | | solid waste reduction and recycling opportunities available to a |
---|
1124 | 1124 | | – 25 – |
---|
1125 | 1125 | | |
---|
1126 | 1126 | | |
---|
1127 | 1127 | | - 82nd Session (2023) |
---|
1128 | 1128 | | business at the time the business applies for or renews a business |
---|
1129 | 1129 | | license. |
---|
1130 | 1130 | | 2. The board of county commissioners of a county whose |
---|
1131 | 1131 | | population is [45,000] 52,000 or more but less than 100,000, or its |
---|
1132 | 1132 | | designee: |
---|
1133 | 1133 | | (a) May make available for use in that county a program for the |
---|
1134 | 1134 | | separation at the source of recyclable material from other solid |
---|
1135 | 1135 | | waste originating from residential premises and public buildings |
---|
1136 | 1136 | | where services for the collection of solid waste are provided, |
---|
1137 | 1137 | | including, without limitation, the placement of recycling containers |
---|
1138 | 1138 | | on the premises of apartment complexes and condominiums where |
---|
1139 | 1139 | | those services are provided. |
---|
1140 | 1140 | | (b) Shall make available for use in that county a program for: |
---|
1141 | 1141 | | (1) The establishment of recycling centers for the collection |
---|
1142 | 1142 | | and disposal of recyclable material where existing recycling centers |
---|
1143 | 1143 | | do not carry out the purposes of the program established pursuant to |
---|
1144 | 1144 | | paragraph (a). |
---|
1145 | 1145 | | (2) The disposal of hazardous household products which are |
---|
1146 | 1146 | | capable of causing harmful physical effects if inhaled, absorbed or |
---|
1147 | 1147 | | ingested. This program may be included as a part of any other |
---|
1148 | 1148 | | program made available pursuant to this subsection. |
---|
1149 | 1149 | | 3. The board of county commissioners of a county whose |
---|
1150 | 1150 | | population is less than [45,000,] 52,000, or its designee, may make |
---|
1151 | 1151 | | available for use in that county a program for: |
---|
1152 | 1152 | | (a) The separation at the source of recyclable material from |
---|
1153 | 1153 | | other solid waste originating from residential premises and public |
---|
1154 | 1154 | | buildings where services for the collection of solid waste are |
---|
1155 | 1155 | | provided, including, without limitation, the placement of recycling |
---|
1156 | 1156 | | containers on the premises of apartment complexes and |
---|
1157 | 1157 | | condominiums where those services are provided. |
---|
1158 | 1158 | | (b) The establishment of recycling centers for the collection and |
---|
1159 | 1159 | | disposal of recyclable material where existing recycling centers do |
---|
1160 | 1160 | | not carry out the purposes of the program. |
---|
1161 | 1161 | | (c) The disposal of hazardous household products which are |
---|
1162 | 1162 | | capable of causing harmful physical effects if inhaled, absorbed or |
---|
1163 | 1163 | | ingested. This program may be included as a part of any other |
---|
1164 | 1164 | | program made available pursuant to this subsection. |
---|
1165 | 1165 | | 4. Any program made available pursuant to this section: |
---|
1166 | 1166 | | (a) Must not: |
---|
1167 | 1167 | | (1) Conflict with the standards adopted by the State |
---|
1168 | 1168 | | Environmental Commission pursuant to NRS 444A.020; and |
---|
1169 | 1169 | | (2) Become effective until approved by the Department. |
---|
1170 | 1170 | | – 26 – |
---|
1171 | 1171 | | |
---|
1172 | 1172 | | |
---|
1173 | 1173 | | - 82nd Session (2023) |
---|
1174 | 1174 | | (b) May be based on the model plans adopted pursuant to |
---|
1175 | 1175 | | NRS 444A.030. |
---|
1176 | 1176 | | 5. The governing body of a municipality may adopt and carry |
---|
1177 | 1177 | | out within the municipality such programs made available pursuant |
---|
1178 | 1178 | | to this section as are deemed necessary and appropriate for that |
---|
1179 | 1179 | | municipality. |
---|
1180 | 1180 | | 6. Any municipality may, with the approval of the governing |
---|
1181 | 1181 | | body of an adjoining municipality, participate in any program |
---|
1182 | 1182 | | adopted by the adjoining municipality pursuant to subsection 5. |
---|
1183 | 1183 | | 7. Persons residing on an Indian reservation or Indian colony |
---|
1184 | 1184 | | may participate in any program adopted pursuant to subsection 5 by |
---|
1185 | 1185 | | a municipality in which the reservation or colony is located if the |
---|
1186 | 1186 | | governing body of the reservation or colony adopts an ordinance |
---|
1187 | 1187 | | requesting such participation. Upon receipt of such a request, the |
---|
1188 | 1188 | | governing body of the municipality shall make available to the |
---|
1189 | 1189 | | residents of the reservation or colony those programs requested. |
---|
1190 | 1190 | | Sec. 19. NRS 455.125 is hereby amended to read as follows: |
---|
1191 | 1191 | | 455.125 If an operator of a sewer main receives notice through |
---|
1192 | 1192 | | an association for operators pursuant to paragraph (a) of subsection |
---|
1193 | 1193 | | 1 of NRS 455.110: |
---|
1194 | 1194 | | 1. For a proposed excavation or demolition, the operator of the |
---|
1195 | 1195 | | sewer main shall provide the person responsible for the excavation |
---|
1196 | 1196 | | or demolition with the operator’s best available information |
---|
1197 | 1197 | | regarding the location of the connection of the sewer service lateral |
---|
1198 | 1198 | | to the sewer main. The operator shall convey the information to the |
---|
1199 | 1199 | | person responsible for the excavation or demolition in such manner |
---|
1200 | 1200 | | as is determined by the operator which may include any one or more |
---|
1201 | 1201 | | of the following methods, without limitation: |
---|
1202 | 1202 | | (a) Identification of the location of the connection of the sewer |
---|
1203 | 1203 | | service lateral to the sewer main; |
---|
1204 | 1204 | | (b) Providing copies of documents relating to the location of the |
---|
1205 | 1205 | | sewer service lateral within 2 working days; or |
---|
1206 | 1206 | | (c) Placement of a triangular green marking along the sewer |
---|
1207 | 1207 | | main or the edge of the public right-of-way, pointing toward the real |
---|
1208 | 1208 | | property serviced by the sewer service lateral to indicate that the |
---|
1209 | 1209 | | location of the sewer service lateral is unknown. |
---|
1210 | 1210 | | 2. The operator of a sewer main shall make its best efforts to |
---|
1211 | 1211 | | comply with paragraph (a) or (c) of subsection 1 within 2 working |
---|
1212 | 1212 | | days. If an operator of a sewer main cannot complete the |
---|
1213 | 1213 | | requirements of paragraph (a) or (c) of subsection 1 within 2 |
---|
1214 | 1214 | | working days, then the operator and the person responsible for the |
---|
1215 | 1215 | | excavation or demolition must mutually agree upon a reasonable |
---|
1216 | 1216 | | amount of time within which the operator must comply. |
---|
1217 | 1217 | | – 27 – |
---|
1218 | 1218 | | |
---|
1219 | 1219 | | |
---|
1220 | 1220 | | - 82nd Session (2023) |
---|
1221 | 1221 | | 3. A government, governmental agency or political subdivision |
---|
1222 | 1222 | | of a government that operates a sewer main: |
---|
1223 | 1223 | | (a) Except as otherwise provided in subsection 4, in a county |
---|
1224 | 1224 | | with a population of [45,000] 52,000 or more may not charge a |
---|
1225 | 1225 | | person responsible for excavation or demolition in a public right-of- |
---|
1226 | 1226 | | way for complying with this section. |
---|
1227 | 1227 | | (b) In a county with a population of less than [45,000] 52,000 |
---|
1228 | 1228 | | may charge a person responsible for excavation or demolition in a |
---|
1229 | 1229 | | public right-of-way for complying with this section in an amount |
---|
1230 | 1230 | | that does not exceed the actual costs for the operator for compliance |
---|
1231 | 1231 | | with this section. Costs assessed pursuant to this paragraph are not |
---|
1232 | 1232 | | subject to the provisions of NRS 354.59881 to 354.59889, inclusive. |
---|
1233 | 1233 | | 4. A government, governmental agency or political subdivision |
---|
1234 | 1234 | | that operates a sewer main in a county with a population of [45,000] |
---|
1235 | 1235 | | 52,000 or more may charge a person responsible for excavation or |
---|
1236 | 1236 | | demolition in a public right-of-way for complying with this section |
---|
1237 | 1237 | | in an amount that does not exceed the actual costs for the operator |
---|
1238 | 1238 | | for compliance with this section if: |
---|
1239 | 1239 | | (a) The sewer system of the operator services not more than 260 |
---|
1240 | 1240 | | accounts; and |
---|
1241 | 1241 | | (b) There is no natural gas pipeline located within the service |
---|
1242 | 1242 | | area of the operator of the sewer main. |
---|
1243 | 1243 | | Costs assessed pursuant to this subsection are not subject to the |
---|
1244 | 1244 | | provisions of NRS 354.59881 to 354.59889, inclusive. |
---|
1245 | 1245 | | 5. If the operator of a sewer main has received the information |
---|
1246 | 1246 | | required pursuant to NRS 455.131 or has otherwise identified the |
---|
1247 | 1247 | | location of the sewer service lateral in the public right-of-way, then |
---|
1248 | 1248 | | the operator of the sewer main shall be responsible thereafter to |
---|
1249 | 1249 | | identify the location of the sewer service lateral from that |
---|
1250 | 1250 | | information. |
---|
1251 | 1251 | | Sec. 20. NRS 463.750 is hereby amended to read as follows: |
---|
1252 | 1252 | | 463.750 1. The Commission shall, with the advice and |
---|
1253 | 1253 | | assistance of the Board, adopt regulations governing: |
---|
1254 | 1254 | | (a) The licensing and operation of interactive gaming; and |
---|
1255 | 1255 | | (b) The registration of service providers to perform any action |
---|
1256 | 1256 | | described in paragraph (b) of subsection 6 of NRS 463.677. |
---|
1257 | 1257 | | 2. The regulations adopted by the Commission pursuant to this |
---|
1258 | 1258 | | section must: |
---|
1259 | 1259 | | (a) Establish the investigation fees for: |
---|
1260 | 1260 | | (1) A license to operate interactive gaming; |
---|
1261 | 1261 | | (2) A license for a manufacturer of interactive gaming |
---|
1262 | 1262 | | systems; |
---|
1263 | 1263 | | – 28 – |
---|
1264 | 1264 | | |
---|
1265 | 1265 | | |
---|
1266 | 1266 | | - 82nd Session (2023) |
---|
1267 | 1267 | | (3) A license for an interactive gaming service provider to |
---|
1268 | 1268 | | perform the actions described in paragraph (a) of subsection 6 of |
---|
1269 | 1269 | | NRS 463.677; and |
---|
1270 | 1270 | | (4) Registration as a service provider to perform the actions |
---|
1271 | 1271 | | described in paragraph (b) of subsection 6 of NRS 463.677. |
---|
1272 | 1272 | | (b) Provide that: |
---|
1273 | 1273 | | (1) A person must hold a license for a manufacturer of |
---|
1274 | 1274 | | interactive gaming systems to supply or provide any interactive |
---|
1275 | 1275 | | gaming system, including, without limitation, any piece of |
---|
1276 | 1276 | | proprietary software or hardware; |
---|
1277 | 1277 | | (2) A person must hold a license for an interactive gaming |
---|
1278 | 1278 | | service provider to perform the actions described in paragraph (a) of |
---|
1279 | 1279 | | subsection 6 of NRS 463.677; and |
---|
1280 | 1280 | | (3) A person must be registered as a service provider to |
---|
1281 | 1281 | | perform the actions described in paragraph (b) of subsection 6 of |
---|
1282 | 1282 | | NRS 463.677. |
---|
1283 | 1283 | | (c) Except as otherwise provided in subsections 6 to 10, |
---|
1284 | 1284 | | inclusive, set forth standards for the suitability of a person to be: |
---|
1285 | 1285 | | (1) Licensed as a manufacturer of interactive gaming |
---|
1286 | 1286 | | systems; |
---|
1287 | 1287 | | (2) Licensed as an interactive gaming service provider as |
---|
1288 | 1288 | | described in paragraph (a) of subsection 6 of NRS 463.677 that are |
---|
1289 | 1289 | | as stringent as the standards for a nonrestricted license; or |
---|
1290 | 1290 | | (3) Registered as a service provider as described in paragraph |
---|
1291 | 1291 | | (b) of subsection 6 of NRS 463.677 that are as stringent as the |
---|
1292 | 1292 | | standards for a nonrestricted license. |
---|
1293 | 1293 | | (d) Set forth provisions governing: |
---|
1294 | 1294 | | (1) The initial fee for a license for an interactive gaming |
---|
1295 | 1295 | | service provider as described in paragraph (a) of subsection 6 of |
---|
1296 | 1296 | | NRS 463.677. |
---|
1297 | 1297 | | (2) The initial fee for registration as a service provider as |
---|
1298 | 1298 | | described in paragraph (b) of subsection 6 of NRS 463.677. |
---|
1299 | 1299 | | (3) The fee for the renewal of such a license for such an |
---|
1300 | 1300 | | interactive gaming service provider or registration as a service |
---|
1301 | 1301 | | provider, as applicable, and any renewal requirements for such a |
---|
1302 | 1302 | | license or registration, as applicable. |
---|
1303 | 1303 | | (4) Any portion of the license fee paid by a person licensed |
---|
1304 | 1304 | | to operate interactive gaming, pursuant to subsection 1 of NRS |
---|
1305 | 1305 | | 463.770, for which an interactive gaming service provider may be |
---|
1306 | 1306 | | liable to the person licensed to operate interactive gaming. |
---|
1307 | 1307 | | (e) Provide that gross revenue received by an establishment |
---|
1308 | 1308 | | from the operation of interactive gaming is subject to the same |
---|
1309 | 1309 | | license fee provisions of NRS 463.370 as the games and gaming |
---|
1310 | 1310 | | – 29 – |
---|
1311 | 1311 | | |
---|
1312 | 1312 | | |
---|
1313 | 1313 | | - 82nd Session (2023) |
---|
1314 | 1314 | | devices of the establishment, unless federal law otherwise provides |
---|
1315 | 1315 | | for a similar fee or tax. |
---|
1316 | 1316 | | (f) Set forth standards for the location and security of the |
---|
1317 | 1317 | | computer system and for approval of hardware and software used in |
---|
1318 | 1318 | | connection with interactive gaming. |
---|
1319 | 1319 | | (g) Define “interactive gaming system,” “manufacturer of |
---|
1320 | 1320 | | interactive gaming systems,” “operate interactive gaming” and |
---|
1321 | 1321 | | “proprietary hardware and software” as the terms are used in this |
---|
1322 | 1322 | | chapter. |
---|
1323 | 1323 | | 3. Except as otherwise provided in subsections 4 and 5, the |
---|
1324 | 1324 | | Commission shall not approve a license for an establishment to |
---|
1325 | 1325 | | operate interactive gaming unless: |
---|
1326 | 1326 | | (a) In a county whose population is 700,000 or more, the |
---|
1327 | 1327 | | establishment is a resort hotel that holds a nonrestricted license to |
---|
1328 | 1328 | | operate games and gaming devices. |
---|
1329 | 1329 | | (b) In a county whose population is [45,000] 52,000 or more but |
---|
1330 | 1330 | | less than 700,000, the establishment is a resort hotel that holds a |
---|
1331 | 1331 | | nonrestricted license to operate games and gaming devices or the |
---|
1332 | 1332 | | establishment: |
---|
1333 | 1333 | | (1) Holds a nonrestricted license for the operation of games |
---|
1334 | 1334 | | and gaming devices; |
---|
1335 | 1335 | | (2) Has more than 120 rooms available for sleeping |
---|
1336 | 1336 | | accommodations in the same county; |
---|
1337 | 1337 | | (3) Has at least one bar with permanent seating capacity for |
---|
1338 | 1338 | | more than 30 patrons that serves alcoholic beverages sold by the |
---|
1339 | 1339 | | drink for consumption on the premises; |
---|
1340 | 1340 | | (4) Has at least one restaurant with permanent seating |
---|
1341 | 1341 | | capacity for more than 60 patrons that is open to the public 24 hours |
---|
1342 | 1342 | | each day and 7 days each week; and |
---|
1343 | 1343 | | (5) Has a gaming area that is at least 18,000 square feet in |
---|
1344 | 1344 | | area with at least 1,600 slot machines, 40 table games, and a sports |
---|
1345 | 1345 | | book and race pool. |
---|
1346 | 1346 | | (c) In all other counties, the establishment is a resort hotel that |
---|
1347 | 1347 | | holds a nonrestricted license to operate games and gaming devices |
---|
1348 | 1348 | | or the establishment: |
---|
1349 | 1349 | | (1) Has held a nonrestricted license for the operation of |
---|
1350 | 1350 | | games and gaming devices for at least 5 years before the date of its |
---|
1351 | 1351 | | application for a license to operate interactive gaming; |
---|
1352 | 1352 | | (2) Meets the definition of group 1 licensee as set forth in the |
---|
1353 | 1353 | | regulations of the Commission on the date of its application for a |
---|
1354 | 1354 | | license to operate interactive gaming; and |
---|
1355 | 1355 | | (3) Operates either: |
---|
1356 | 1356 | | – 30 – |
---|
1357 | 1357 | | |
---|
1358 | 1358 | | |
---|
1359 | 1359 | | - 82nd Session (2023) |
---|
1360 | 1360 | | (I) More than 50 rooms for sleeping accommodations in |
---|
1361 | 1361 | | connection therewith; or |
---|
1362 | 1362 | | (II) More than 50 gaming devices in connection |
---|
1363 | 1363 | | therewith. |
---|
1364 | 1364 | | 4. The Commission may: |
---|
1365 | 1365 | | (a) Issue a license to operate interactive gaming to an affiliate of |
---|
1366 | 1366 | | an establishment if: |
---|
1367 | 1367 | | (1) The establishment satisfies the applicable requirements |
---|
1368 | 1368 | | set forth in subsection 3; |
---|
1369 | 1369 | | (2) The affiliate is located in the same county as the |
---|
1370 | 1370 | | establishment; and |
---|
1371 | 1371 | | (3) The establishment has held a nonrestricted license for at |
---|
1372 | 1372 | | least 5 years before the date on which the application is filed; and |
---|
1373 | 1373 | | (b) Require an affiliate that receives a license pursuant to this |
---|
1374 | 1374 | | subsection to comply with any applicable provision of this chapter. |
---|
1375 | 1375 | | 5. The Commission may issue a license to operate interactive |
---|
1376 | 1376 | | gaming to an applicant that meets any qualifications established by |
---|
1377 | 1377 | | federal law regulating the licensure of interactive gaming. |
---|
1378 | 1378 | | 6. Except as otherwise provided in subsections 7, 8 and 9: |
---|
1379 | 1379 | | (a) A covered person may not be found suitable for licensure |
---|
1380 | 1380 | | under this section within 5 years after February 21, 2013; |
---|
1381 | 1381 | | (b) A covered person may not be found suitable for licensure |
---|
1382 | 1382 | | under this section unless such covered person expressly submits to |
---|
1383 | 1383 | | the jurisdiction of the United States and of each state in which |
---|
1384 | 1384 | | patrons of interactive gaming operated by such covered person after |
---|
1385 | 1385 | | December 31, 2006, were located, and agrees to waive any statutes |
---|
1386 | 1386 | | of limitation, equitable remedies or laches that otherwise would |
---|
1387 | 1387 | | preclude prosecution for a violation of any provision of federal law |
---|
1388 | 1388 | | or the law of any state in connection with such operation of |
---|
1389 | 1389 | | interactive gaming after that date; |
---|
1390 | 1390 | | (c) A person may not be found suitable for licensure under this |
---|
1391 | 1391 | | section within 5 years after February 21, 2013, if such person uses a |
---|
1392 | 1392 | | covered asset for the operation of interactive gaming; and |
---|
1393 | 1393 | | (d) Use of a covered asset is grounds for revocation of an |
---|
1394 | 1394 | | interactive gaming license, or a finding of suitability, issued under |
---|
1395 | 1395 | | this section. |
---|
1396 | 1396 | | 7. The Commission, upon recommendation of the Board, may |
---|
1397 | 1397 | | waive the requirements of subsection 6 if the Commission |
---|
1398 | 1398 | | determines that: |
---|
1399 | 1399 | | (a) In the case of a covered person described in paragraphs (a) |
---|
1400 | 1400 | | and (b) of subsection 1 of NRS 463.014645: |
---|
1401 | 1401 | | (1) The covered person did not violate, directly or indirectly, |
---|
1402 | 1402 | | any provision of federal law or the law of any state in connection |
---|
1403 | 1403 | | – 31 – |
---|
1404 | 1404 | | |
---|
1405 | 1405 | | |
---|
1406 | 1406 | | - 82nd Session (2023) |
---|
1407 | 1407 | | with the ownership and operation of, or provision of services to, an |
---|
1408 | 1408 | | interactive gaming facility that, after December 31, 2006, operated |
---|
1409 | 1409 | | interactive gaming involving patrons located in the United States; |
---|
1410 | 1410 | | and |
---|
1411 | 1411 | | (2) The assets to be used or that are being used by such |
---|
1412 | 1412 | | person were not used after that date in violation of any provision of |
---|
1413 | 1413 | | federal law or the law of any state; |
---|
1414 | 1414 | | (b) In the case of a covered person described in paragraph (c) of |
---|
1415 | 1415 | | subsection 1 of NRS 463.014645, the assets that the person will use |
---|
1416 | 1416 | | in connection with interactive gaming for which the covered person |
---|
1417 | 1417 | | applies for a finding of suitability were not used after December 31, |
---|
1418 | 1418 | | 2006, in violation of any provision of federal law or the law of any |
---|
1419 | 1419 | | state; and |
---|
1420 | 1420 | | (c) In the case of a covered asset, the asset was not used after |
---|
1421 | 1421 | | December 31, 2006, in violation of any provision of federal law or |
---|
1422 | 1422 | | the law of any state, and the interactive gaming facility in |
---|
1423 | 1423 | | connection with which the asset was used was not used after that |
---|
1424 | 1424 | | date in violation of any provision of federal law or the law of any |
---|
1425 | 1425 | | state. |
---|
1426 | 1426 | | 8. With respect to a person applying for a waiver pursuant to |
---|
1427 | 1427 | | subsection 7, the Commission shall afford the person an opportunity |
---|
1428 | 1428 | | to be heard and present relevant evidence. The Commission shall act |
---|
1429 | 1429 | | as finder of fact and is entitled to evaluate the credibility of |
---|
1430 | 1430 | | witnesses and persuasiveness of the evidence. The affirmative votes |
---|
1431 | 1431 | | of a majority of the whole Commission are required to grant or deny |
---|
1432 | 1432 | | such waiver. The Board shall make appropriate investigations to |
---|
1433 | 1433 | | determine any facts or recommendations that it deems necessary or |
---|
1434 | 1434 | | proper to aid the Commission in making determinations pursuant to |
---|
1435 | 1435 | | this subsection and subsection 7. |
---|
1436 | 1436 | | 9. The Commission shall make a determination pursuant to |
---|
1437 | 1437 | | subsections 7 and 8 with respect to a covered person or covered |
---|
1438 | 1438 | | asset without regard to whether the conduct of the covered person or |
---|
1439 | 1439 | | the use of the covered asset was ever the subject of a criminal |
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1440 | 1440 | | proceeding for a violation of any provision of federal law or the law |
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1441 | 1441 | | of any state, or whether the person has been prosecuted and the |
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1442 | 1442 | | prosecution terminated in a manner other than with a conviction. |
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1443 | 1443 | | 10. It is unlawful for any person, either as owner, lessee or |
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1444 | 1444 | | employee, whether for hire or not, either solely or in conjunction |
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1445 | 1445 | | with others, to operate interactive gaming: |
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1446 | 1446 | | (a) Until the Commission adopts regulations pursuant to this |
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1447 | 1447 | | section; and |
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1448 | 1448 | | – 32 – |
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1449 | 1449 | | |
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1450 | 1450 | | |
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1451 | 1451 | | - 82nd Session (2023) |
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1452 | 1452 | | (b) Unless the person first procures, and thereafter maintains in |
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1453 | 1453 | | effect, all appropriate licenses as required by the regulations adopted |
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1454 | 1454 | | by the Commission pursuant to this section. |
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1455 | 1455 | | 11. A person who violates subsection 10 is guilty of a category |
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1456 | 1456 | | B felony and shall be punished by imprisonment in the state prison |
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1457 | 1457 | | for a minimum term of not less than 1 year and a maximum term of |
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1458 | 1458 | | not more than 10 years or by a fine of not more than $50,000, or |
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1459 | 1459 | | both. |
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1460 | 1460 | | Sec. 21. NRS 647.060 is hereby amended to read as follows: |
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1461 | 1461 | | 647.060 1. At the time of purchase by any junk dealer of any |
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1462 | 1462 | | hides or junk, the junk dealer shall require the person vending the |
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1463 | 1463 | | hides or junk to subscribe a statement containing the following |
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1464 | 1464 | | information: |
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1465 | 1465 | | (a) When, where and from whom the vendor obtained the |
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1466 | 1466 | | property. |
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1467 | 1467 | | (b) The vendor’s age, residence, including the city or town, and |
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1468 | 1468 | | the street and number, if any, of the residence, and such other |
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1469 | 1469 | | information as is reasonably necessary to enable the residence to be |
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1470 | 1470 | | located. |
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1471 | 1471 | | (c) The name of the employer, if any, of the vendor and the |
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1472 | 1472 | | place of business or employment of the employer. |
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1473 | 1473 | | 2. Except as otherwise provided in subsection 3, the junk |
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1474 | 1474 | | dealer shall on the next business day: |
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1475 | 1475 | | (a) File the original statement subscribed by the vendor in the |
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1476 | 1476 | | office of the sheriff of the county where the purchase was made; and |
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1477 | 1477 | | (b) If the purchase was made in a city or town, file a copy of the |
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1478 | 1478 | | statement with the chief of police of that city or town. |
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1479 | 1479 | | 3. In a county whose population is less than [47,500,] 52,000, |
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1480 | 1480 | | the original statement may be filed in the office of the sheriff’s |
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1481 | 1481 | | deputy for transmission to the sheriff. |
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1482 | 1482 | | Sec. 22. The Legislature declares that in enacting this act it has |
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1483 | 1483 | | reviewed each of the classifications by population amended by this |
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1484 | 1484 | | act, has considered the suggestions of the several counties and of |
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1485 | 1485 | | other interested persons in this State relating to whether any should |
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1486 | 1486 | | be retained unchanged or amended differently, and has found that |
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1487 | 1487 | | each of the sections in which a criterion of population has been |
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1488 | 1488 | | changed should not under present conditions apply to a county |
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1489 | 1489 | | larger or smaller, as the case may be, than the new criterion |
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1490 | 1490 | | established. |
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1491 | 1491 | | Sec. 23. This act becomes effective upon passage and |
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1492 | 1492 | | approval. |
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1493 | 1493 | | |
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1494 | 1494 | | 20 ~~~~~ 23 |
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