- 82nd Session (2023)
Senate Bill No. 21–Committee on Government Affairs
CHAPTER..........
AN ACT relating to classifications based on population; revising the
population bases that apply to certain provisions of the
Nevada Revised Statutes; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, except as otherwise provided or required by the
context, “population” is defined for the entire Nevada Revised Statutes as the
number of people in a specified area as determined by the last preceding national
decennial census conducted by the Bureau of the Census of the United States
Department of Commerce pursuant to the United States Constitution and as
reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050)
The Nevada Supreme Court has upheld classifications in statutes based on the
population of entities if the classification is rationally related to the subject matter
and purpose of the statute, applies prospectively to all such entities that might come
within its designated class and does not create an odious, absurd or bizarre
distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This
bill revises the classifications of populations in certain provisions of the Nevada
Revised Statutes in order to determine whether such classifications continue to
meet the conditions expressed by the Nevada Supreme Court.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.1507 is hereby amended to read as
follows:
244.1507 1. Except as otherwise provided in subsection 2,
the board of county commissioners of a county whose population is
less than [45,000] 52,000 may by ordinance direct that:
(a) The powers and duties of two or more county offices be
combined into one county office.
(b) The powers and duties of one county office be allocated
between two or more county offices.
2. A board of county commissioners shall not take the action
described in subsection 1 unless:
(a) The board determines that the combining or separating of the
applicable county offices will benefit the public;
(b) The board determines that the combining or separating of the
applicable county offices will not create:
(1) An ethical, legal or practical conflict of interest; or
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(2) A situation in which the powers and duties assigned to a
county office are incompatible with the proper performance of that
office in the public interest;
(c) The board submits to the residents of the county, in the form
of an advisory ballot question pursuant to NRS 295.230, a proposal
to combine or separate the applicable county offices; and
(d) A majority of the voters voting on the advisory ballot
question approves the proposal.
3. If the combining or separating of county offices pursuant to
this section will result in the elimination of one or more county
offices, the combining or separating of offices must not become
effective until the earlier of the date on which:
(a) The normal term of office of the person whose office will be
eliminated expires; or
(b) The person whose office will be eliminated resigns.
4. If the combining or separating of county offices pursuant to
this section results in the powers and duties of one county office
being transferred to another county office, the county office to
which the powers and duties are transferred shall be deemed to be
the county office from which the powers and duties were transferred
for the purposes of any applicable provision of law authorizing or
requiring the performance or exercise of those powers and duties, as
appropriate.
Sec. 2. NRS 244.2795 is hereby amended to read as follows:
244.2795 1. Except as otherwise provided in NRS 244.189,
244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835,
244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and
subsection 3 of NRS 496.080, except as otherwise required by
federal law, except as otherwise required pursuant to a cooperative
agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on or before October 1, 2004,
except if the board of county commissioners is entering into a joint
development agreement for real property owned by the county to
which the board of county commissioners is a party, except for a
lease of residential property with a term of 1 year or less, except for
the sale or lease of real property to a public utility, as defined in
NRS 704.020, to be used for a public purpose, except for the sale or
lease of real property to the State or another governmental entity and
except for the sale or lease of real property larger than 1 acre which
is approved by the voters at a primary or general election or special
election, the board of county commissioners shall, when offering
any real property for sale or lease:
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(a) Except as otherwise provided in this paragraph and
paragraph (h) of subsection 1 of NRS 244.281, obtain two
independent appraisals of the real property before selling or leasing
it. If the board of county commissioners holds a public hearing on
the matter of the fair market value of the real property, one
independent appraisal of the real property is sufficient before selling
or leasing it. The appraisal or appraisals, as applicable, must have
been prepared not more than 6 months before the date on which the
real property is offered for sale or lease.
(b) Select the one independent appraiser or two independent
appraisers, as applicable, from the list of appraisers established
pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant
to paragraph (b). The determination of the board of county
commissioners as to the qualifications of the appraiser is conclusive.
2. The board of county commissioners shall adopt by ordinance
the procedures for creating or amending a list of appraisers qualified
to conduct appraisals of real property offered for sale or lease by the
board. The list must:
(a) Contain the names of all persons qualified to act as a general
appraiser in the same county as the real property that may be
appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a
disclosure statement which includes, without limitation, all sources
of income that may constitute a conflict of interest and any
relationship with the real property owner or the owner of an
adjoining real property.
4. An appraiser shall not perform an appraisal on any real
property for sale or lease by the board of county commissioners if:
(a) The appraiser has an interest in the real property or an
adjoining property;
(b) The real property is located in a county whose population is
[45,000] 52,000 or more and any person who is related to the
appraiser has an interest in the real property or an adjoining property
and the relationship between the appraiser and the person is within
the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is
less than [45,000] 52,000 and any person who is related to the
appraiser has an interest in the real property or an adjoining property
and the relationship between the appraiser and the person is within
the second degree of consanguinity or affinity.
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5. If real property is sold or leased in violation of the
provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or
use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.
Sec. 3. NRS 244.2815 is hereby amended to read as follows:
244.2815 1. A board of county commissioners may sell, lease
or otherwise dispose of real property for the purposes of
redevelopment or economic development:
(a) Without first offering the real property to the public; and
(b) For less than fair market value of the real property.
2. Before a board of county commissioners may sell, lease or
otherwise dispose of real property pursuant to this section, the board
must:
(a) Except as otherwise provided in subsection 3, obtain an
appraisal of the real property pursuant to NRS 244.2795; and
(b) Adopt a resolution finding that it is in the best interest of the
public to sell, lease or otherwise dispose of the real property:
(1) Without offering the real property to the public; and
(2) For less than fair market value of the real property.
3. The board of county commissioners of a county whose
population is less than [45,000] 52,000 may lease real property
pursuant to this section without obtaining the appraisal otherwise
required pursuant to subsection 2 if:
(a) The real property was acquired by the county directly from
the Federal Government; and
(b) The terms and conditions under which the real property was
acquired prohibit the sale of the real property and provide for the
reversion of the title to the real property to the Federal Government
upon demand by the Federal Government.
4. As used in this section:
(a) “Economic development” means:
(1) The establishment of new commercial enterprises or
facilities within the county;
(2) The support, retention or expansion of existing
commercial enterprises or facilities within the county;
(3) The establishment, retention or expansion of public,
quasi-public or other facilities or operations within the county;
(4) The establishment of residential housing needed to
support the establishment of new commercial enterprises or
facilities or the expansion of existing commercial enterprises or
facilities; or
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(5) Any combination of the activities described in
subparagraphs (1) to (4), inclusive,
to create and retain opportunities of employment for the residents
of the county.
(b) “Redevelopment” has the meaning ascribed to it in
NRS 279.408.
Sec. 4. NRS 244A.7645 is hereby amended to read as follows:
244A.7645 1. If a surcharge is imposed pursuant to NRS
244A.7643 in a county whose population is 100,000 or more, the
board of county commissioners of that county shall establish by
ordinance an advisory committee to develop a plan to enhance the
telephone system for reporting an emergency in that county and to
oversee any money allocated for that purpose. The advisory
committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for
reporting emergencies; and
(3) Are not elected public officers.
(b) Subject to the provisions of subparagraph (3) of paragraph
(a), include the chief law enforcement officer or his or her designee
from each office of the county sheriff, metropolitan police
department, police department of an incorporated city within the
county and department, division or municipal court of a city or town
that employs marshals within the county, as applicable.
2. If a surcharge is imposed pursuant to NRS 244A.7643 in a
county whose population is less than 100,000, the board of county
commissioners of that county shall establish by ordinance an
advisory committee to develop a plan to enhance or improve the
telephone system for reporting an emergency in that county and to
oversee any money allocated for that purpose. The advisory
committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for
reporting emergencies; and
(3) Are not elected public officers.
(b) Include a representative of an incumbent local exchange
carrier which provides service to persons in that county. As used in
this paragraph, “incumbent local exchange carrier” has the meaning
ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on
October 1, 1999, and includes a local exchange carrier that is treated
as an incumbent local exchange carrier pursuant to that section.
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(c) Subject to the provisions of subparagraph (3) of paragraph
(a), include the chief law enforcement officer or his or her designee
from each office of the county sheriff, metropolitan police
department, police department of an incorporated city within the
county and department, division or municipal court of a city or town
that employs marshals within the county, as applicable.
3. If a surcharge is imposed in a county pursuant to NRS
244A.7643, the board of county commissioners of that county shall
create a special revenue fund of the county for the deposit of the
money collected pursuant to NRS 244A.7643. The money in the
fund must be used only:
(a) To pay the costs of adopting and reviewing the 5-year master
plan for the enhancement of the telephone system for reporting
emergencies in the county that is required pursuant to
NRS 244A.7643.
(b) With respect to the telephone system for reporting an
emergency:
(1) In a county whose population is [45,000] 52,000 or more,
to enhance the telephone system for reporting an emergency,
including only:
(I) Paying recurring and nonrecurring charges for
telecommunication services necessary for the operation of the
enhanced telephone system;
(II) Paying costs for personnel and training associated
with the routine maintenance and updating of the database for the
system;
(III) Purchasing, leasing or renting the equipment and
software necessary to operate the enhanced telephone system,
including, without limitation, equipment and software that identify
the number or location from which a call is made; and
(IV) Paying costs associated with any maintenance,
upgrade and replacement of equipment and software necessary for
the operation of the enhanced telephone system.
(2) In a county whose population is less than [45,000,]
52,000, to improve the telephone system for reporting an emergency
in the county.
(c) With respect to purchasing and maintaining portable event
recording devices and vehicular event recording devices, to pay:
(1) By an entity described in this subparagraph, costs
associated with the acquisition, maintenance, storage of data,
upgrade and replacement of equipment and software necessary for
the operation of portable event recording devices and vehicular
event recording devices or systems that consist of both portable
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event recording devices and vehicular event recording devices.
Money may be expended pursuant to this subparagraph for the
purchase and maintenance of portable event recording devices or
vehicular event recording devices only by:
(I) The sheriff’s office of a county;
(II) A metropolitan police department;
(III) A police department of an incorporated city;
(IV) A department, division or municipal court of a city
or town that employs marshals;
(V) A department of alternative sentencing; or
(VI) A county school district that employs school police
officers.
(2) Costs for personnel and training associated with
maintaining, updating and operating the equipment, hardware and
software necessary for portable event recording devices and
vehicular event recording devices or systems that consist of both
portable event recording devices and vehicular event recording
devices.
(3) Costs for personnel and training associated with the
maintenance, retention and redaction of audio and video events
recorded on portable event recording devices and vehicular event
recording devices or systems that consist of both portable event
recording devices and vehicular event recording devices.
(d) To pay any costs associated with performing an analysis or
audit pursuant to NRS 244A.7648 of the surcharges collected by
telecommunications providers.
4. For the purposes described in subsection 3, money in the
fund must be expended in the following order of priority:
(a) Paying the costs authorized pursuant to paragraph (a) of
subsection 3 to adopt and review the 5-year master plan.
(b) If the county performs an analysis or audit described in NRS
244A.7648, paying the costs associated authorized pursuant to
paragraph (d) of subsection 3.
(c) Paying the costs authorized pursuant to paragraph (b) of
subsection 3.
(d) If the county has imposed a portion of the surcharge for
purposes of purchasing and maintaining portable event recording
devices and vehicular event recording devices:
(1) Paying the costs authorized pursuant to paragraph (c) of
subsection 3 other than costs related to personnel and training.
(2) Paying the costs authorized pursuant to paragraph (c) of
subsection 3 related to personnel.
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(3) Paying the costs authorized pursuant to paragraph (c) of
subsection 3 related to training.
5. If money in the fund is distributed to a recipient and:
(a) The recipient has not used the money for any purpose
authorized pursuant to subsection 3 within 6 months, the recipient
must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Return the unused money.
(b) The recipient used any portion of the money for a purpose
that is not authorized pursuant to subsection 3, the recipient must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Repay the portion of the money that was used for a
purpose not authorized pursuant to subsection 3.
(c) The recipient was not entitled to receive all or a portion of
the money, the recipient must:
(1) Notify the board of county commissioners and the
advisory committee; and
(2) Repay all money to which the recipient was not entitled
to receive.
6. If the balance in the fund created in a county whose
population is 100,000 or more pursuant to subsection 3 which has
not been committed for expenditure exceeds $5,000,000 at the end
of any fiscal year, the board of county commissioners shall
reduce the amount of the surcharge imposed during the next fiscal
year by the amount necessary to ensure that the unencumbered
balance in the fund at the end of the next fiscal year does not exceed
$5,000,000.
7. If the balance in the fund created in a county whose
population is [45,000] 52,000 or more but less than 100,000
pursuant to subsection 3 which has not been committed for
expenditure exceeds $1,000,000 at the end of any fiscal year, the
board of county commissioners shall reduce the amount of the
surcharge imposed during the next fiscal year by the amount
necessary to ensure that the unencumbered balance in the fund at the
end of the next fiscal year does not exceed $1,000,000.
8. If the balance in the fund created in a county whose
population is less than [45,000] 52,000 pursuant to subsection 3
which has not been committed for expenditure exceeds $500,000 at
the end of any fiscal year, the board of county commissioners shall
reduce the amount of the surcharge imposed during the next fiscal
year by the amount necessary to ensure that the unencumbered
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balance in the fund at the end of the next fiscal year does not exceed
$500,000.
Sec. 5. NRS 248.040 is hereby amended to read as follows:
248.040 1. Except as provided in NRS 248.045, each sheriff
may:
(a) Appoint, in writing signed by him or her, one or more
deputies, who may perform all the duties devolving on the sheriff of
the county and such other duties as the sheriff may from time to
time direct. The appointment of a deputy sheriff must not be
construed to confer upon that deputy policymaking authority for the
office of the sheriff or the county by which the deputy sheriff is
employed.
(b) Except as otherwise provided in this paragraph, only remove
a deputy who has completed a probationary period of 12 months for
cause. A deputy who functions as the head of a department or an
administrative employee or who has not completed the probationary
period may be removed at the sheriff’s pleasure.
2. For the purposes of paragraph (b) of subsection 1, in any
county whose population is less than [45,000,] 52,000, “cause”
includes, without limitation:
(a) Failure to be certified by the Peace Officers’ Standards and
Training Commission within the time required by NRS 289.550;
(b) Loss of the certification by the Peace Officers’ Standards
and Training Commission required by NRS 289.550; or
(c) Failure to maintain a valid driver’s license.
This subsection does not limit or impair any internal grievance
procedure, grievance procedure negotiated pursuant to chapter 288
of NRS or administrative remedy otherwise available to a deputy.
3. No deputy sheriff is qualified to act as such unless he or she
has taken an oath to discharge the duties of the office faithfully and
impartially. The oath, together with the written appointment, must
be recorded in the office of the recorder of the county within which
the sheriff legally holds and exercises office. Revocations of such
appointments must be recorded as provided in this subsection. From
the time of the recording of the appointments or revocations therein,
persons shall be deemed to have notice of the appointments or
revocations.
4. The sheriff may require of his or her deputies such bonds as
to the sheriff seem proper.
Sec. 6. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute,
all meetings of public bodies must be open and public, and all
persons must be permitted to attend any meeting of these public
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bodies at a physical location or by means of a remote technology
system. A meeting that is closed pursuant to a specific statute may
only be closed to the extent specified in the statute allowing the
meeting to be closed. All other portions of the meeting must be open
and public, and the public body must comply with all other
provisions of this chapter to the extent not specifically precluded by
the specific statute. Public officers and employees responsible for
these meetings shall make reasonable efforts to assist and
accommodate persons with physical disabilities desiring to attend.
2. If any portion of a meeting is open to the public, the public
officers and employees responsible for the meeting must make
reasonable efforts to ensure the facilities for the meeting are large
enough to accommodate the anticipated number of attendees. No
violation of this chapter occurs if a member of the public is not
permitted to attend a public meeting because the facilities for the
meeting have reached maximum capacity if reasonable efforts were
taken to accommodate the anticipated number of attendees. Nothing
in this subsection requires a public body to incur any costs to secure
a facility outside the control or jurisdiction of the public body or to
upgrade, improve or otherwise modify an existing facility to
accommodate the anticipated number of attendees.
3. Except in an emergency, written notice of all meetings must
be given at least 3 working days before the meeting. The notice
must include:
(a) The time, place and location of the meeting. If the meeting is
held using a remote technology system pursuant to NRS 241.023
and has no physical location, the notice must include information on
how a member of the public may:
(1) Use the remote technology system to hear and observe
the meeting;
(2) Participate in the meeting by telephone; and
(3) Provide live public comment during the meeting and, if
authorized by the public body, provide prerecorded public comment.
(b) A list of the locations where the notice has been posted.
(c) The name, contact information and business address for the
person designated by the public body from whom a member of the
public may request the supporting material for the meeting
described in subsection 7 and:
(1) A list of the locations where the supporting material is
available to the public; or
(2) Information about how the supporting material may be
found on the Internet website of the public body.
(d) An agenda consisting of:
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(1) A clear and complete statement of the topics scheduled to
be considered during the meeting.
(2) A list describing the items on which action may be taken
and clearly denoting that action may be taken on those items by
placing the term “for possible action” next to the appropriate item
or, if the item is placed on the agenda pursuant to NRS 241.0365, by
placing the term “for possible corrective action” next to the
appropriate item.
(3) Periods devoted to comments by the general public, if
any, and discussion of those comments. Comments by the general
public must be taken:
(I) At the beginning of the meeting before any items on
which action may be taken are heard by the public body and again
before the adjournment of the meeting; or
(II) After each item on the agenda on which action may
be taken is discussed by the public body, but before the public body
takes action on the item.
The provisions of this subparagraph do not prohibit a public body
from taking comments by the general public in addition to what is
required pursuant to sub-subparagraph (I) or (II). Regardless of
whether a public body takes comments from the general public
pursuant to sub-subparagraph (I) or (II), the public body must allow
the general public to comment on any matter that is not specifically
included on the agenda as an action item at some time before
adjournment of the meeting. No action may be taken upon a matter
raised during a period devoted to comments by the general public
until the matter itself has been specifically included on an agenda as
an item upon which action may be taken pursuant to
subparagraph (2).
(4) If any portion of the meeting will be closed to consider
the character, alleged misconduct or professional competence of a
person, the name of the person whose character, alleged misconduct
or professional competence will be considered.
(5) If, during any portion of the meeting, the public body will
consider whether to take administrative action regarding a person,
the name of that person.
(6) Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda
items for consideration; and
(III) The public body may remove an item from the
agenda or delay discussion relating to an item on the agenda at any
time.
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(7) Any restrictions on comments by the general public. Any
such restrictions must be reasonable and may restrict the time, place
and manner of the comments, but may not restrict comments based
upon viewpoint.
4. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the
public body. If the meeting is held using a remote technology
system pursuant to NRS 241.023 and has no physical location,
the public body must also post the notice to the Internet website
of the public body not later than 9 a.m. of the third working day
before the meeting is to be held unless the public body is unable to
do so because of technical problems relating to the operation or
maintenance of the Internet website of the public body.
(b) Posting the notice on the official website of the State
pursuant to NRS 232.2175 not later than 9 a.m. of the third working
day before the meeting is to be held, unless the public body is
unable to do so because of technical problems relating to the
operation or maintenance of the official website of the State.
(c) Providing a copy of the notice to any person who has
requested notice of the meetings of the public body. A request for
notice lapses 6 months after it is made. The public body shall inform
the requester of this fact by enclosure with, notation upon or text
included within the first notice sent. The notice must be:
(1) Delivered to the postal service used by the public body
not later than 9 a.m. of the third working day before the meeting for
transmittal to the requester by regular mail; or
(2) Transmitted to the requester by electronic mail sent not
later than 9 a.m. of the third working day before the meeting.
5. For each of its meetings, a public body shall document in
writing that the public body complied with the minimum public
notice required by paragraph (a) of subsection 4. The documentation
must be prepared by every person who posted a copy of the public
notice and include, without limitation:
(a) The date and time when the person posted the copy of the
public notice;
(b) The address of the location where the person posted the copy
of the public notice; and
(c) The name, title and signature of the person who posted the
copy of the notice.
6. Except as otherwise provided in paragraph (a) of subsection
4, if a public body maintains a website on the Internet or its
successor, the public body shall post notice of each of its meetings
on its website unless the public body is unable to do so because of
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technical problems relating to the operation or maintenance of its
website. Notice posted pursuant to this subsection is supplemental to
and is not a substitute for the minimum public notice required
pursuant to subsection 4. The inability of a public body to post
notice of a meeting pursuant to this subsection as a result of
technical problems with its website shall not be deemed to be a
violation of the provisions of this chapter.
7. Upon any request, a public body shall provide, at no charge,
at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed
at the public meeting; and
(c) Subject to the provisions of subsection 8 or 9, as applicable,
any other supporting material provided to the members of the public
body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure
or confidentiality agreement which relates to proprietary
information;
(2) Pertaining to the closed portion of such a meeting of the
public body; or
(3) Declared confidential by law, unless otherwise agreed to
by each person whose interest is being protected under the order of
confidentiality.
The public body shall make at least one copy of the documents
described in paragraphs (a), (b) and (c) available to the public at the
meeting to which the documents pertain. As used in this subsection,
“proprietary information” has the meaning ascribed to it in
NRS 332.025.
8. Unless it must be made available at an earlier time pursuant
to NRS 288.153, a copy of supporting material required to be
provided upon request pursuant to paragraph (c) of subsection 7
must be:
(a) If the supporting material is provided to the members of the
public body before the meeting, made available to the requester at
the time the material is provided to the members of the public body;
or
(b) If the supporting material is provided to the members of the
public body at the meeting, made available at the meeting to the
requester at the same time the material is provided to the members
of the public body.
If the requester has agreed to receive the information and material
set forth in subsection 7 by electronic mail, the public body shall, if
feasible, provide the information and material by electronic mail.
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9. Unless the supporting material must be posted at an earlier
time pursuant to NRS 288.153, and except as otherwise provided in
subsection 11, the governing body of a county or city whose
population is [45,000] 52,000 or more shall post the supporting
material described in paragraph (c) of subsection 7 to its website not
later than the time the material is provided to the members of the
governing body or, if the supporting material is provided to the
members of the governing body at a meeting, not later than 24 hours
after the conclusion of the meeting. Such posting is supplemental to
the right of the public to request the supporting material pursuant to
subsection 7. The inability of the governing body, as a result of
technical problems with its website, to post supporting material
pursuant to this subsection shall not be deemed to be a violation of
the provisions of this chapter.
10. Except as otherwise provided in subsection 11, a public
body may provide the public notice, information or supporting
material required by this section by electronic mail. Except as
otherwise provided in this subsection, if a public body makes such
notice, information or supporting material available by electronic
mail, the public body shall inquire of a person who requests the
notice, information or supporting material if the person will accept
receipt by electronic mail. If a public body is required to post the
public notice, information or supporting material on its website
pursuant to this section, the public body shall inquire of a person
who requests the notice, information or supporting material if the
person will accept by electronic mail a link to the posting on the
website when the documents are made available. The inability of a
public body, as a result of technical problems with its electronic
mail system, to provide a public notice, information or supporting
material or a link to a website required by this section to a person
who has agreed to receive such notice, information, supporting
material or link by electronic mail shall not be deemed to be a
violation of the provisions of this chapter.
11. If a public body holds a meeting using a remote technology
system pursuant to NRS 241.023 and has no physical location for
the meeting, the public body must:
(a) Have an Internet website; and
(b) Post to its Internet website:
(1) The public notice required by this section; and
(2) Supporting material not later than the time the material is
provided to the members of the governing body or, if the supporting
material is provided to the members of the governing body at a
meeting, not later than 24 hours after the conclusion of the meeting.
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The inability of the governing body, as a result of technical
problems with its Internet website, to post supporting material
pursuant to this subsection shall not be deemed to be a violation of
the provisions of this chapter.
12. As used in this section, “emergency” means an unforeseen
circumstance which requires immediate action and includes, but is
not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural
causes; or
(b) Any impairment of the health and safety of the public.
Sec. 7. NRS 241.0355 is hereby amended to read as follows:
241.0355 1. A public body that is required to be composed of
elected officials only may not take action by vote unless at least a
majority of all the members of the public body vote in favor of the
action. For purposes of this subsection, a public body may not count
an abstention as a vote in favor of an action.
2. In a county whose population is [45,000] 52,000 or more,
the provisions of subsection 5 of NRS 281A.420 do not apply to a
public body that is required to be composed of elected officials only,
unless before abstaining from the vote, the member of the public
body receives and discloses the opinion of the legal counsel
authorized by law to provide legal advice to the public body that the
abstention is required pursuant to NRS 281A.420. The opinion of
counsel must be in writing and set forth with specificity the factual
circumstances and analysis leading to that conclusion.
Sec. 8. NRS 268.059 is hereby amended to read as follows:
268.059 1. Except as otherwise provided in NRS 268.048 to
268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and
subsection 4 of NRS 496.080, except as otherwise required by
federal law, except as otherwise required pursuant to a cooperative
agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on October 1, 2004, except if the
governing body is entering into a joint development agreement for
real property owned by the city to which the governing body is a
party, except for a lease of residential property with a term of 1 year
or less, except for the sale or lease of real property to a public
utility, as defined in NRS 704.020, to be used for a public purpose,
except for the sale or lease of real property to the State or another
governmental entity and except for the sale or lease of real property
larger than 1 acre which is approved by the voters at a primary or
general election, primary or general city election or special election,
the governing body shall, when offering any real property for sale or
lease:
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(a) Except as otherwise provided in this paragraph and
paragraph (h) of subsection 1 of NRS 268.061, obtain two
independent appraisals of the real property before selling or leasing
it. If the governing body holds a public hearing on the matter of the
fair market value of the real property, one independent appraisal of
the real property is sufficient before selling or leasing it. The
appraisal or appraisals, as applicable, must be based on the zoning
of the real property as set forth in the master plan for the city and
must have been prepared not more than 6 months before the date on
which real property is offered for sale or lease.
(b) Select the one independent appraiser or two independent
appraisers, as applicable, from the list of appraisers established
pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant
to paragraph (b). The determination of the governing body as to the
qualifications of the appraiser is conclusive.
2. The governing body shall adopt by ordinance the procedures
for creating or amending a list of appraisers qualified to conduct
appraisals of real property offered for sale or lease by the governing
body. The list must:
(a) Contain the names of all persons qualified to act as a general
appraiser in the same county as the real property that may be
appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a
disclosure statement which includes, without limitation, all sources
of income of the appraiser that may constitute a conflict of interest
and any relationship of the appraiser with the property owner or the
owner of an adjoining property.
4. An appraiser shall not perform an appraisal on any real
property offered for sale or lease by the governing body if:
(a) The appraiser has an interest in the real property or an
adjoining property;
(b) The real property is located in a city in a county whose
population is [45,000] 52,000 or more and any person who is related
to the appraiser has an interest in the real property or an adjoining
property and the relationship between the appraiser and the person is
within the third degree of consanguinity or affinity; or
(c) The real property is located in a city in a county whose
population is less than [45,000] 52,000 and any person who is
related to the appraiser has an interest in the real property or an
adjoining property and the relationship between the appraiser and
the person is within the second degree of consanguinity or affinity.
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5. If real property is sold or leased in violation of the
provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or
use of the real property is void if the change takes place within 5
years after the date of the void sale or lease.
Sec. 9. NRS 278.02095 is hereby amended to read as follows:
278.02095 1. Except as otherwise provided in this section, in
an ordinance relating to the zoning of land adopted or amended by a
governing body, the definition of “single-family residence” must
include a manufactured home.
2. Notwithstanding the provisions of subsection 1, a governing
body shall adopt standards for the placement of a manufactured
home that will not be affixed to a lot within a mobile home park
which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 6 years immediately
preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in
color, material and appearance to the exterior siding and roofing
primarily used on other single-family residential dwellings in the
immediate vicinity of the manufactured home, as established by the
governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless
the governing body, by administrative variance or other expedited
procedure established by the governing body, approves a lesser
amount of square footage based on the size or configuration of the
lot or the square footage of single-family residential dwellings in the
immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the
foundation is masked architecturally in a manner determined by the
governing body.
The governing body of a local government in a county whose
population is less than [45,000] 52,000 may adopt standards that are
less restrictive than the standards set forth in this subsection.
3. Standards adopted by a governing body pursuant to
subsection 2 must be objective and documented clearly and must not
be adopted to discourage or impede the construction or provision of
affordable housing, including, without limitation, the use of
manufactured homes for affordable housing.
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4. Before a building department issues a permit to place a
manufactured home on a lot pursuant to this section, other than a
new manufactured home, the owner must surrender the certificate of
ownership to the Housing Division of the Department of Business
and Industry. The Division shall provide proof of such a surrender
to the owner who must submit that proof to the building department.
5. The provisions of this section do not abrogate a recorded
restrictive covenant prohibiting manufactured homes, nor do the
provisions apply within the boundaries of a historic district
established pursuant to NRS 384.005 or 384.100. An application to
place a manufactured home on a residential lot pursuant to this
section constitutes an attestation by the owner of the lot that the
placement complies with all covenants, conditions and restrictions
placed on the lot and that the lot is not located within a historic
district.
6. As used in this section:
(a) “Manufactured home” has the meaning ascribed to it in
NRS 489.113.
(b) “New manufactured home” has the meaning ascribed to it in
NRS 489.125.
Sec. 10. NRS 278.030 is hereby amended to read as follows:
278.030 1. The governing body of each city whose
population is 25,000 or more and of each county whose population
is [45,000] 52,000 or more shall create by ordinance a planning
commission to consist of seven members.
2. Cities whose population is less than 25,000 and counties
whose population is less than [45,000] 52,000 may create by
ordinance a planning commission to consist of seven members. If
the governing body of any city whose population is less than 25,000
or of any county whose population is less than [45,000] 52,000
deems the creation of a planning commission unnecessary or
inadvisable, the governing body may, in lieu of creating a planning
commission as provided in this subsection, perform all the functions
and have all of the powers which would otherwise be granted to and
be performed by the planning commission.
Sec. 11. NRS 293.464 is hereby amended to read as follows:
293.464 1. If a court of competent jurisdiction orders a
county to extend the deadline for voting beyond the statutory
deadline in a particular election, the county clerk shall, as soon as
practicable after receiving notice of the court’s decision:
(a) Cause notice of the extended deadline to be published in a
newspaper of general circulation in the county; and
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(b) Transmit a notice of the extended deadline to each registered
voter who received a mail ballot for the election and has not
returned the mail ballot before the date on which the notice will be
transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1
must be published:
(a) In a county whose population is [47,500] 52,000 or more, on
at least 3 successive days.
(b) In a county whose population is less than [47,500,] 52,000,
at least twice in successive issues of the newspaper.
Sec. 12. NRS 318.5121 is hereby amended to read as follows:
318.5121 1. The board of trustees shall adopt by resolution
the procedures for creating and maintaining a list of appraisers
qualified to conduct appraisals of real property offered for sale by
the board. The list must:
(a) Contain the names of all persons qualified to act as a general
appraiser in the same county as the real property that may be
appraised; and
(b) Be organized at random and rotated from time to time.
2. An appraiser chosen pursuant to subsection 1 must provide a
disclosure statement which includes, without limitation, all sources
of income that may constitute a conflict of interest and any
relationship with the real property owner or the owner of an
adjoining real property.
3. An appraiser shall not perform an appraisal on any real
property for sale by the board of trustees if:
(a) The appraiser has an interest in the real property or an
adjoining property;
(b) The real property is located in a county whose population is
[45,000] 52,000 or more and any person who is related to the
appraiser has an interest in the real property or an adjoining property
and the relationship between the appraiser and the person is within
the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is
less than [45,000] 52,000 and any person who is related to the
appraiser has an interest in the real property or an adjoining property
and the relationship between the appraiser and the person is within
the second degree of consanguinity or affinity.
Sec. 13. NRS 350.0125 is hereby amended to read as follows:
350.0125 1. The commission in a county whose population is
less than [47,500] 52,000 may request technical assistance from the
Department of Taxation to carry out the duties of the commission.
Upon such a request, the Department of Taxation shall provide to
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that commission such technical assistance to the extent that
resources are available.
2. The board of county commissioners of a county whose
population is [47,500] 52,000 or more shall provide the commission
in that county with such staff as is necessary to carry out the duties
of the commission. The staff provided to the commission pursuant
to this subsection shall provide such technical assistance to the
commission as the commission requires, except the staff shall not
render an opinion on the merits of any proposal or other matter
before the commission.
Sec. 14. NRS 361.453 is hereby amended to read as follows:
361.453 1. Except as otherwise provided in this section and
NRS 354.705, 354.723, 387.3288 and 450.760, the total ad valorem
tax levy for all public purposes must not exceed $3.64 on each $100
of assessed valuation, or a lesser or greater amount fixed by the
State Board of Examiners if the State Board of Examiners is
directed by law to fix a lesser or greater amount for that fiscal year.
2. Any levy imposed by the Legislature for the repayment of
bonded indebtedness or the operating expenses of the State of
Nevada and any levy imposed by the board of county
commissioners pursuant to NRS 387.195 that is in excess of 50
cents on each $100 of assessed valuation of taxable property within
the county must not be included in calculating the limitation set
forth in subsection 1 on the total ad valorem tax levied within the
boundaries of the county, city or unincorporated town, if, in a
county whose population is less than [45,000,] 52,000, or in a city or
unincorporated town located within that county:
(a) The combined tax rate certified by the Nevada Tax
Commission was at least $3.50 on each $100 of assessed valuation
on June 25, 1998;
(b) The governing body of that county, city or unincorporated
town proposes to its registered voters an additional levy ad valorem
above the total ad valorem tax levy for all public purposes set forth
in subsection 1;
(c) The proposal specifies the amount of money to be derived,
the purpose for which it is to be expended and the duration of the
levy; and
(d) The proposal is approved by a majority of the voters voting
on the question at a general election or a special election called for
that purpose.
3. The duration of the additional levy ad valorem levied
pursuant to subsection 2 must not exceed 5 years. The governing
body of the county, city or unincorporated town may discontinue the
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levy before it expires and may not thereafter reimpose it in whole or
in part without following the procedure required for its original
imposition set forth in subsection 2.
4. A special election may be held pursuant to subsection 2 only
if the governing body of the county, city or unincorporated town
determines, by a unanimous vote, that an emergency exists. The
determination made by the governing body is conclusive unless it is
shown that the governing body acted with fraud or a gross abuse of
discretion. An action to challenge the determination made by the
governing body must be commenced within 15 days after the
governing body’s determination is final. As used in this subsection,
“emergency” means any unexpected occurrence or combination of
occurrences which requires immediate action by the governing body
of the county, city or unincorporated town to prevent or mitigate a
substantial financial loss to the county, city or unincorporated town
or to enable the governing body to provide an essential service to
the residents of the county, city or unincorporated town.
Sec. 15. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new county library is provided for in
any county whose population is [45,000] 52,000 or more, the
trustees of any district library in the county previously established
may transfer all books, funds, equipment or other property in the
possession of such trustees to the new library upon the demand of
the trustees of the new library.
2. Whenever there are two or more county library districts in
any county whose population is [45,000] 52,000 or more, the
districts may merge into one county library district upon approval of
the library trustees of the merging districts.
3. Whenever there is a city or a town library located adjacent to
a county library district, the city or town library may:
(a) Merge with the county library district upon approval of the
trustees of the merging library and district; or
(b) Subject to the limitations in NRS 379.0221, consolidate with
the county library district.
4. All expenses incurred in making a transfer or merger must
be paid out of the general fund of the new library.
Sec. 15.5. NRS 387.331 is hereby amended to read as follows:
387.331 1. The tax on residential construction authorized by
this section is a specified amount which must be the same for each:
(a) Lot for a mobile home;
(b) Residential dwelling unit; and
(c) Suite in an apartment house,
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imposed on the privilege of constructing apartment houses and
residential dwelling units and developing lots for mobile homes.
2. The board of trustees of any school district in a county
whose population is less than [55,000] 100,000 and is not a
consolidated municipality may request that the board of county
commissioners of the county in which the school district is located
impose a tax on residential construction in the school district to
construct, remodel and make additions to school buildings.
Whenever the board of trustees takes that action, it shall notify the
board of county commissioners and shall specify the areas of the
county to be served by the buildings to be erected or enlarged.
3. If the board of county commissioners decides that the tax
should be imposed, it shall notify the Nevada Tax Commission. If
the Commission approves, the board of county commissioners may
then impose the tax, whose specified amount must not exceed
$1,600.
4. The board shall collect the tax so imposed, in the areas of
the county to which it applies, and may require that administrative
costs, not to exceed 1 percent, be paid from the amount collected.
5. The money collected must be deposited with the county
treasurer in the school district’s fund for capital projects to be held
and expended in the same manner as other money deposited in that
fund.
Sec. 16. NRS 396.892 is hereby amended to read as follows:
396.892 1. Each student who receives a loan made pursuant
to NRS 396.890 to 396.898, inclusive, shall repay the loan and
accrued interest pursuant to the terms of the loan unless the student:
(a) Practices nursing in a rural area of Nevada or as an employee
of the State for 6 months for each academic year for which he or she
received a loan; or
(b) Practices nursing in any other area of Nevada for 1 year for
each academic year for which he or she received a loan.
2. The Board of Regents may adopt regulations:
(a) Extending the time for completing the required practice
beyond 5 years for persons who are granted extensions because of
hardship; and
(b) Granting prorated credit towards repayment of a loan for
time a person practices nursing as required, for cases in which the
period for required practice is only partially completed,
and such other regulations as are necessary to carry out the
provisions of NRS 396.890 to 396.898, inclusive.
3. As used in this section, “practices nursing in a rural area”
means that the person practices nursing in an area located in a
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county whose population is less than [47,500] 52,000 at least half of
the total time the person spends in the practice of nursing, and not
less than 20 hours per week.
Sec. 17. NRS 403.490 is hereby amended to read as follows:
403.490 1. To perform any work or construct any
superstructure under this chapter wherein an expenditure of
$100,000 or more may be necessary, the board of county highway
commissioners shall cause definite plans of such work or
superstructure to be made, estimates of the amount of work to be
done and the probable cost thereof, together with a copy of the
specifications thereof.
2. Except as otherwise provided in subsection 3, upon receipt
of the plans, estimates and specifications for a project for which the
estimated cost is $100,000 or more, the board of county highway
commissioners shall advertise for bids and let contracts in the
manner prescribed by chapter 332 or 338 of NRS, as applicable.
3. In a county whose population is less than [45,000,] 52,000,
if the estimated cost of a project is $100,000 or more but less than
$250,000, the board of county highway commissioners may hold a
hearing to determine, by majority vote of the board, if the project
can be performed by county employees or through the employment
of day labor under the supervision of the board and by the use of its
own machinery, tools and other equipment without advertising for
bids and letting contracts pursuant to subsection 2. Notice for such a
hearing must be provided not less than 15 days before the date of the
hearing and must be published pursuant to the provisions of NRS
238.010 to 238.080, inclusive. The board shall provide, in the notice
and at least 15 days before the hearing at the office of the board and
at the place of the hearing, the following information, without
limitation:
(a) A list of:
(1) All county employees, if any, including supervisors, who
will perform the work, including, without limitation, the
classification of each employee and an estimate of the direct and
indirect costs of the labor;
(2) The number of day laborers, if any, that will be employed
to perform the work; and
(3) All machinery, tools and other equipment of the county to
be used on the project.
(b) An estimate of:
(1) The direct and indirect costs of the labor of the county
employees who will perform the work, if any;
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(2) The direct and indirect costs of the labor of any day
laborers who will be employed to perform the work pursuant to
chapter 338 of NRS;
(3) The cost of any administrative support that will be
required for the performance of the work;
(4) The total cost of the project, including, without
limitation, the fair market value or, if available, the actual cost of all
materials, supplies, equipment and labor necessary for the project;
and
(5) The amount of savings to be realized by having county
employees or day laborers perform the work.
4. In cases of emergency the board of county highway
commissioners may let contracts for repairs in the manner
prescribed by chapter 332 of NRS.
5. Nothing in this section shall prevent any county from
opening, building, improving or repairing any public road or
highway in the county through the work of county employees or the
employment of day labor, under the supervision of the board of
county highway commissioners and by the use of its own
machinery, tools and other equipment, without letting contracts to
the lowest responsible bidder, if the probable cost of the work does
not exceed $100,000.
Sec. 18. NRS 444A.040 is hereby amended to read as follows:
444A.040 1. The board of county commissioners in a county
whose population is 100,000 or more, or its designee, shall make
available for use in that county a program for:
(a) The separation at the source of recyclable material from
other solid waste originating from residential premises and public
buildings where services for the collection of solid waste are
provided, including, without limitation, the placement of recycling
containers on the premises of apartment complexes and
condominiums where those services are provided.
(b) The establishment of recycling centers for the collection and
disposal of recyclable material where existing recycling centers do
not carry out the purposes of the program.
(c) The disposal of hazardous household products which are
capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other
program made available pursuant to this subsection.
(d) The encouragement of businesses to reduce solid waste and
to separate at the source recyclable material from other solid waste.
This program must, without limitation, make information regarding
solid waste reduction and recycling opportunities available to a
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business at the time the business applies for or renews a business
license.
2. The board of county commissioners of a county whose
population is [45,000] 52,000 or more but less than 100,000, or its
designee:
(a) May make available for use in that county a program for the
separation at the source of recyclable material from other solid
waste originating from residential premises and public buildings
where services for the collection of solid waste are provided,
including, without limitation, the placement of recycling containers
on the premises of apartment complexes and condominiums where
those services are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection
and disposal of recyclable material where existing recycling centers
do not carry out the purposes of the program established pursuant to
paragraph (a).
(2) The disposal of hazardous household products which are
capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other
program made available pursuant to this subsection.
3. The board of county commissioners of a county whose
population is less than [45,000,] 52,000, or its designee, may make
available for use in that county a program for:
(a) The separation at the source of recyclable material from
other solid waste originating from residential premises and public
buildings where services for the collection of solid waste are
provided, including, without limitation, the placement of recycling
containers on the premises of apartment complexes and
condominiums where those services are provided.
(b) The establishment of recycling centers for the collection and
disposal of recyclable material where existing recycling centers do
not carry out the purposes of the program.
(c) The disposal of hazardous household products which are
capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other
program made available pursuant to this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the State
Environmental Commission pursuant to NRS 444A.020; and
(2) Become effective until approved by the Department.
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(b) May be based on the model plans adopted pursuant to
NRS 444A.030.
5. The governing body of a municipality may adopt and carry
out within the municipality such programs made available pursuant
to this section as are deemed necessary and appropriate for that
municipality.
6. Any municipality may, with the approval of the governing
body of an adjoining municipality, participate in any program
adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony
may participate in any program adopted pursuant to subsection 5 by
a municipality in which the reservation or colony is located if the
governing body of the reservation or colony adopts an ordinance
requesting such participation. Upon receipt of such a request, the
governing body of the municipality shall make available to the
residents of the reservation or colony those programs requested.
Sec. 19. NRS 455.125 is hereby amended to read as follows:
455.125 If an operator of a sewer main receives notice through
an association for operators pursuant to paragraph (a) of subsection
1 of NRS 455.110:
1. For a proposed excavation or demolition, the operator of the
sewer main shall provide the person responsible for the excavation
or demolition with the operator’s best available information
regarding the location of the connection of the sewer service lateral
to the sewer main. The operator shall convey the information to the
person responsible for the excavation or demolition in such manner
as is determined by the operator which may include any one or more
of the following methods, without limitation:
(a) Identification of the location of the connection of the sewer
service lateral to the sewer main;
(b) Providing copies of documents relating to the location of the
sewer service lateral within 2 working days; or
(c) Placement of a triangular green marking along the sewer
main or the edge of the public right-of-way, pointing toward the real
property serviced by the sewer service lateral to indicate that the
location of the sewer service lateral is unknown.
2. The operator of a sewer main shall make its best efforts to
comply with paragraph (a) or (c) of subsection 1 within 2 working
days. If an operator of a sewer main cannot complete the
requirements of paragraph (a) or (c) of subsection 1 within 2
working days, then the operator and the person responsible for the
excavation or demolition must mutually agree upon a reasonable
amount of time within which the operator must comply.
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3. A government, governmental agency or political subdivision
of a government that operates a sewer main:
(a) Except as otherwise provided in subsection 4, in a county
with a population of [45,000] 52,000 or more may not charge a
person responsible for excavation or demolition in a public right-of-
way for complying with this section.
(b) In a county with a population of less than [45,000] 52,000
may charge a person responsible for excavation or demolition in a
public right-of-way for complying with this section in an amount
that does not exceed the actual costs for the operator for compliance
with this section. Costs assessed pursuant to this paragraph are not
subject to the provisions of NRS 354.59881 to 354.59889, inclusive.
4. A government, governmental agency or political subdivision
that operates a sewer main in a county with a population of [45,000]
52,000 or more may charge a person responsible for excavation or
demolition in a public right-of-way for complying with this section
in an amount that does not exceed the actual costs for the operator
for compliance with this section if:
(a) The sewer system of the operator services not more than 260
accounts; and
(b) There is no natural gas pipeline located within the service
area of the operator of the sewer main.
Costs assessed pursuant to this subsection are not subject to the
provisions of NRS 354.59881 to 354.59889, inclusive.
5. If the operator of a sewer main has received the information
required pursuant to NRS 455.131 or has otherwise identified the
location of the sewer service lateral in the public right-of-way, then
the operator of the sewer main shall be responsible thereafter to
identify the location of the sewer service lateral from that
information.
Sec. 20. NRS 463.750 is hereby amended to read as follows:
463.750 1. The Commission shall, with the advice and
assistance of the Board, adopt regulations governing:
(a) The licensing and operation of interactive gaming; and
(b) The registration of service providers to perform any action
described in paragraph (b) of subsection 6 of NRS 463.677.
2. The regulations adopted by the Commission pursuant to this
section must:
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming
systems;
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(3) A license for an interactive gaming service provider to
perform the actions described in paragraph (a) of subsection 6 of
NRS 463.677; and
(4) Registration as a service provider to perform the actions
described in paragraph (b) of subsection 6 of NRS 463.677.
(b) Provide that:
(1) A person must hold a license for a manufacturer of
interactive gaming systems to supply or provide any interactive
gaming system, including, without limitation, any piece of
proprietary software or hardware;
(2) A person must hold a license for an interactive gaming
service provider to perform the actions described in paragraph (a) of
subsection 6 of NRS 463.677; and
(3) A person must be registered as a service provider to
perform the actions described in paragraph (b) of subsection 6 of
NRS 463.677.
(c) Except as otherwise provided in subsections 6 to 10,
inclusive, set forth standards for the suitability of a person to be:
(1) Licensed as a manufacturer of interactive gaming
systems;
(2) Licensed as an interactive gaming service provider as
described in paragraph (a) of subsection 6 of NRS 463.677 that are
as stringent as the standards for a nonrestricted license; or
(3) Registered as a service provider as described in paragraph
(b) of subsection 6 of NRS 463.677 that are as stringent as the
standards for a nonrestricted license.
(d) Set forth provisions governing:
(1) The initial fee for a license for an interactive gaming
service provider as described in paragraph (a) of subsection 6 of
NRS 463.677.
(2) The initial fee for registration as a service provider as
described in paragraph (b) of subsection 6 of NRS 463.677.
(3) The fee for the renewal of such a license for such an
interactive gaming service provider or registration as a service
provider, as applicable, and any renewal requirements for such a
license or registration, as applicable.
(4) Any portion of the license fee paid by a person licensed
to operate interactive gaming, pursuant to subsection 1 of NRS
463.770, for which an interactive gaming service provider may be
liable to the person licensed to operate interactive gaming.
(e) Provide that gross revenue received by an establishment
from the operation of interactive gaming is subject to the same
license fee provisions of NRS 463.370 as the games and gaming
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devices of the establishment, unless federal law otherwise provides
for a similar fee or tax.
(f) Set forth standards for the location and security of the
computer system and for approval of hardware and software used in
connection with interactive gaming.
(g) Define “interactive gaming system,” “manufacturer of
interactive gaming systems,” “operate interactive gaming” and
“proprietary hardware and software” as the terms are used in this
chapter.
3. Except as otherwise provided in subsections 4 and 5, the
Commission shall not approve a license for an establishment to
operate interactive gaming unless:
(a) In a county whose population is 700,000 or more, the
establishment is a resort hotel that holds a nonrestricted license to
operate games and gaming devices.
(b) In a county whose population is [45,000] 52,000 or more but
less than 700,000, the establishment is a resort hotel that holds a
nonrestricted license to operate games and gaming devices or the
establishment:
(1) Holds a nonrestricted license for the operation of games
and gaming devices;
(2) Has more than 120 rooms available for sleeping
accommodations in the same county;
(3) Has at least one bar with permanent seating capacity for
more than 30 patrons that serves alcoholic beverages sold by the
drink for consumption on the premises;
(4) Has at least one restaurant with permanent seating
capacity for more than 60 patrons that is open to the public 24 hours
each day and 7 days each week; and
(5) Has a gaming area that is at least 18,000 square feet in
area with at least 1,600 slot machines, 40 table games, and a sports
book and race pool.
(c) In all other counties, the establishment is a resort hotel that
holds a nonrestricted license to operate games and gaming devices
or the establishment:
(1) Has held a nonrestricted license for the operation of
games and gaming devices for at least 5 years before the date of its
application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in the
regulations of the Commission on the date of its application for a
license to operate interactive gaming; and
(3) Operates either:
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(I) More than 50 rooms for sleeping accommodations in
connection therewith; or
(II) More than 50 gaming devices in connection
therewith.
4. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate of
an establishment if:
(1) The establishment satisfies the applicable requirements
set forth in subsection 3;
(2) The affiliate is located in the same county as the
establishment; and
(3) The establishment has held a nonrestricted license for at
least 5 years before the date on which the application is filed; and
(b) Require an affiliate that receives a license pursuant to this
subsection to comply with any applicable provision of this chapter.
5. The Commission may issue a license to operate interactive
gaming to an applicant that meets any qualifications established by
federal law regulating the licensure of interactive gaming.
6. Except as otherwise provided in subsections 7, 8 and 9:
(a) A covered person may not be found suitable for licensure
under this section within 5 years after February 21, 2013;
(b) A covered person may not be found suitable for licensure
under this section unless such covered person expressly submits to
the jurisdiction of the United States and of each state in which
patrons of interactive gaming operated by such covered person after
December 31, 2006, were located, and agrees to waive any statutes
of limitation, equitable remedies or laches that otherwise would
preclude prosecution for a violation of any provision of federal law
or the law of any state in connection with such operation of
interactive gaming after that date;
(c) A person may not be found suitable for licensure under this
section within 5 years after February 21, 2013, if such person uses a
covered asset for the operation of interactive gaming; and
(d) Use of a covered asset is grounds for revocation of an
interactive gaming license, or a finding of suitability, issued under
this section.
7. The Commission, upon recommendation of the Board, may
waive the requirements of subsection 6 if the Commission
determines that:
(a) In the case of a covered person described in paragraphs (a)
and (b) of subsection 1 of NRS 463.014645:
(1) The covered person did not violate, directly or indirectly,
any provision of federal law or the law of any state in connection
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with the ownership and operation of, or provision of services to, an
interactive gaming facility that, after December 31, 2006, operated
interactive gaming involving patrons located in the United States;
and
(2) The assets to be used or that are being used by such
person were not used after that date in violation of any provision of
federal law or the law of any state;
(b) In the case of a covered person described in paragraph (c) of
subsection 1 of NRS 463.014645, the assets that the person will use
in connection with interactive gaming for which the covered person
applies for a finding of suitability were not used after December 31,
2006, in violation of any provision of federal law or the law of any
state; and
(c) In the case of a covered asset, the asset was not used after
December 31, 2006, in violation of any provision of federal law or
the law of any state, and the interactive gaming facility in
connection with which the asset was used was not used after that
date in violation of any provision of federal law or the law of any
state.
8. With respect to a person applying for a waiver pursuant to
subsection 7, the Commission shall afford the person an opportunity
to be heard and present relevant evidence. The Commission shall act
as finder of fact and is entitled to evaluate the credibility of
witnesses and persuasiveness of the evidence. The affirmative votes
of a majority of the whole Commission are required to grant or deny
such waiver. The Board shall make appropriate investigations to
determine any facts or recommendations that it deems necessary or
proper to aid the Commission in making determinations pursuant to
this subsection and subsection 7.
9. The Commission shall make a determination pursuant to
subsections 7 and 8 with respect to a covered person or covered
asset without regard to whether the conduct of the covered person or
the use of the covered asset was ever the subject of a criminal
proceeding for a violation of any provision of federal law or the law
of any state, or whether the person has been prosecuted and the
prosecution terminated in a manner other than with a conviction.
10. It is unlawful for any person, either as owner, lessee or
employee, whether for hire or not, either solely or in conjunction
with others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this
section; and
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(b) Unless the person first procures, and thereafter maintains in
effect, all appropriate licenses as required by the regulations adopted
by the Commission pursuant to this section.
11. A person who violates subsection 10 is guilty of a category
B felony and shall be punished by imprisonment in the state prison
for a minimum term of not less than 1 year and a maximum term of
not more than 10 years or by a fine of not more than $50,000, or
both.
Sec. 21. NRS 647.060 is hereby amended to read as follows:
647.060 1. At the time of purchase by any junk dealer of any
hides or junk, the junk dealer shall require the person vending the
hides or junk to subscribe a statement containing the following
information:
(a) When, where and from whom the vendor obtained the
property.
(b) The vendor’s age, residence, including the city or town, and
the street and number, if any, of the residence, and such other
information as is reasonably necessary to enable the residence to be
located.
(c) The name of the employer, if any, of the vendor and the
place of business or employment of the employer.
2. Except as otherwise provided in subsection 3, the junk
dealer shall on the next business day:
(a) File the original statement subscribed by the vendor in the
office of the sheriff of the county where the purchase was made; and
(b) If the purchase was made in a city or town, file a copy of the
statement with the chief of police of that city or town.
3. In a county whose population is less than [47,500,] 52,000,
the original statement may be filed in the office of the sheriff’s
deputy for transmission to the sheriff.
Sec. 22. The Legislature declares that in enacting this act it has
reviewed each of the classifications by population amended by this
act, has considered the suggestions of the several counties and of
other interested persons in this State relating to whether any should
be retained unchanged or amended differently, and has found that
each of the sections in which a criterion of population has been
changed should not under present conditions apply to a county
larger or smaller, as the case may be, than the new criterion
established.
Sec. 23. This act becomes effective upon passage and
approval.
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