EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Title 25 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the

1-5 context otherwise requires, the words and terms defined in sections 3 to

1-6 6, inclusive, of this act have the meanings ascribed to them in those

1-7 sections.

1-8 Sec. 3. "Board" means the board of directors of a district.

1-9 Sec. 4. "District" means a district for the maintenance of roads

1-10 created by section 7 of this act.

1-11 Sec. 5. "Maintenance" means any activity necessary to preserve the

1-12 useful life of a road, including, without limitation, painting, repairing,

1-13 grading, oiling, patching, resurfacing, sanding, sweeping, washing and

1-14 removing ice and snow.

1-15 Sec. 6. "Road" means any road, highway or thoroughfare that:

1-16 1. Is used for vehicular traffic;

1-17 2. Is partially or entirely located within a district; and

2-1 3. Is not maintained by a city or by a department, agency or political

2-2 subdivision of this state.

2-3 Sec. 7. 1. The owners of real property within an unincorporated

2-4 area of a county may initiate the creation of a district by filing a petition

2-5 signed by at least 50 percent of the owners with the board of county

2-6 commissioners of the county where the proposed district is located. A

2-7 district may not include territory located within more than one county.

2-8 2. A petition filed pursuant to subsection 1 must include:

2-9 (a) The name, address and signature of each person named in the

2-10 petition;

2-11 (b) The total acreage of the area proposed to be included within the

2-12 district;

2-13 (c) The number of owners of real property in that area; and

2-14 (d) A detailed map of that area.

2-15 3. If a petition is filed pursuant to subsection 1, the board of county

2-16 commissioners with whom the petition is filed shall hold a hearing to

2-17 consider the petition at its next regularly scheduled meeting held after the

2-18 date the petition is filed.

2-19 4. Except as otherwise provided in this subsection, if a board of

2-20 county commissioners decides to create a district after holding a hearing

2-21 pursuant to subsection 3, it shall, at its next regularly scheduled meeting

2-22 held after the hearing is conducted, adopt a resolution creating the

2-23 district. A board of county commissioners shall not adopt a resolution

2-24 pursuant to this subsection if, within 60 days after a hearing is held

2-25 pursuant to subsection 3, 10 percent or more of the owners of real

2-26 property within the proposed district file a petition with the board of

2-27 county commissioners opposing the creation of the district.

2-28 Sec. 8. 1. After adopting a resolution creating a district, the board

2-29 of county commissioners shall appoint five persons to serve as the initial

2-30 members of the board. A member of the board appointed pursuant to this

2-31 subsection:

2-32 (a) Must be a qualified elector of the district; and

2-33 (b) Serves in that office until his successor is elected pursuant to

2-34 section 9 of this act.

2-35 2. Each member of the board must qualify for appointment by filing

2-36 in the office of the county clerk where the district is located:

2-37 (a) A written oath of office signed by the member; and

2-38 (b) A bond in an amount of not more than $10,000 as determined by

2-39 the board of county commissioners. The bond must be filed in a form

2-40 approved by the board of county commissioners and be conditioned upon

2-41 the satisfactory performance of the duties of the member filing the bond.

2-42 The board of county commissioners may, from time to time, increase or

2-43 decrease the amount of the bond.

3-1 Sec. 9. 1. A biennial election for the district must be held

3-2 simultaneously with the first general election in the county held after the

3-3 district is created and simultaneously with each general election held

3-4 thereafter.

3-5 2. The office of a member of the board is a nonpartisan office. The

3-6 general election laws of this state govern the candidacy, nominations and

3-7 election of a member of the board. Except as otherwise provided in

3-8 subsection 3, the term of office of a member of the board is 4 years.

3-9 3. At the first biennial election of the district, there must be elected by

3-10 the qualified voters of the district:

3-11 (a) Two qualified electors as members of the board to serve for terms

3-12 of 2 years; and

3-13 (b) Three qualified electors as members of the board to serve for terms

3-14 of 4 years.

3-15 4. The secretary of the board shall provide notice of the election by

3-16 publication and take any other action concerning the election as the

3-17 county clerk or the registrar of voters may direct.

3-18 5. A member of the board who is elected must qualify in the same

3-19 manner as a member of the initial board pursuant to section 8 of this act.

3-20 Sec. 10. 1. After taking oaths and filing bonds, the members of the

3-21 board shall, by a majority vote, elect a chairman, vice chairman,

3-22 secretary and treasurer from among the members. The secretary and

3-23 treasurer may be one person. After the initial election, the chairman, vice

3-24 chairman, secretary and treasurer serve in that office for a term of 1 year

3-25 beginning on July 1 of each year. If a vacancy occurs in any of those

3-26 offices, the members of the board shall elect a member of the board to

3-27 serve in that office for the remainder of the unexpired term.

3-28 2. Three members of the board constitute a quorum, and a quorum

3-29 may exercise all the powers and duties of the board.

3-30 3. The board shall:

3-31 (a) Meet at such times and places specified by a call of the chairman

3-32 or by a majority of the members of the board; and

3-33 (b) Adopt bylaws prescribing its management and government.

3-34 4. The members of the board serve without compensation and are not

3-35 entitled to the per diem and travel expenses provided for state officers

3-36 and employees generally.

3-37 5. If a vacancy occurs in the membership of the board, the remaining

3-38 members of the board shall appoint a person to serve on the board until

3-39 his successor is elected and qualified. A person appointed to serve on the

3-40 board pursuant to this subsection must qualify in the manner provided in

3-41 section 8 of this act. If the board fails to fill a vacancy within 30 days

3-42 after the vacancy occurs, the board of county commissioners where the

4-1 district is located shall appoint a person to serve on the board in the

4-2 manner provided in this subsection.

4-3 Sec. 11. The board:

4-4 1. Shall enter into any contract it determines is necessary to maintain

4-5 any road; and

4-6 2. May take any other action it determines is necessary to carry out

4-7 the provisions of sections 2 to 15, inclusive, of this act.

4-8 Sec. 12. 1. On or before April 1 of each year, the board shall:

4-9 (a) Determine the total cost for each contract entered into pursuant to

4-10 section 11 of this act for the next ensuing fiscal year;

4-11 (b) Apportion that cost among the owners of real property by parcel

4-12 number within the district:

4-13 (1) Based upon the relative special benefit received by each parcel

4-14 of land; and

4-15 (2) Using a method of apportionment that is fair and equitable and

4-16 is approved by the board of county commissioners of the county where

4-17 the district is located; and

4-18 (c) Submit a written report to the board of county commissioners

4-19 specifying the total cost determined pursuant to paragraph (a) and the

4-20 amount apportioned for each parcel of land within the district pursuant

4-21 to paragraph (b).

4-22 2. Upon receipt of the report, the board of county commissioners

4-23 shall collect the assessments specified in the report for the next ensuing

4-24 fiscal year. The assessments must be collected at the same time and in the

4-25 same manner, and with like interest and penalties, as any taxes on real

4-26 property are collected by the county. Any such assessment, until paid, is a

4-27 lien upon the real property assessed equal in priority to a lien for general

4-28 taxes, and may be collected in the same manner.

4-29 Sec. 13. 1. Any money collected by a board of county

4-30 commissioners pursuant to section 12 of this act must be deposited in the

4-31 treasury of the county and accounted for separately in the general fund

4-32 of the county.

4-33 2. Any money in the account must be used only to carry out the

4-34 provisions of sections 2 to 15, inclusive, of this act. Any interest and

4-35 income earned on the money in the account must be credited to the

4-36 general fund of the county and must be used only to defray any costs

4-37 incurred by the county to collect the assessments pursuant to section 12

4-38 of this act.

4-39 3. The county treasurer shall pay any claim against the account that

4-40 is:

4-41 (a) Submitted by the board to pay for a contract entered into pursuant

4-42 to section 11 of this act; and

4-43 (b) Signed by the chairman and vice chairman of the board.

5-1 Sec. 14. 1. A district may be dissolved if 10 percent or more of the

5-2 owners of real property within the district file a petition with the board of

5-3 county commissioners requesting the dissolution of the district. If a

5-4 petition is filed pursuant to this subsection, the board of county

5-5 commissioners shall, at its next regularly scheduled meeting after the

5-6 petition is filed, adopt a resolution dissolving the district. A resolution

5-7 adopted pursuant to this subsection becomes effective after all contracts

5-8 for the maintenance of a road entered into by the board pursuant to

5-9 section 11 of this act have expired.

5-10 2. If a resolution is adopted by a board of county commissioners

5-11 pursuant to subsection 1, the board of county commissioners shall,

5-12 within 30 days after the date the resolution becomes effective, determine

5-13 whether:

5-14 (a) Any expenses of the district have not been paid; and

5-15 (b) The money in the account created pursuant to section 13 of this

5-16 act is sufficient to pay those expenses.

5-17 3. If the board of county commissioners determines pursuant to

5-18 subsection 2 that the money in the account:

5-19 (a) Is sufficient to pay the expenses specified in that subsection, the

5-20 board of county commissioners shall, within 10 days after making that

5-21 determination, pay those expenses from that account and, if any money

5-22 remains in the account after paying those expenses, refund that money to

5-23 the owners of real property within the district in a manner that is fair and

5-24 equitable; or

5-25 (b) Is insufficient to pay those expenses, the board of county

5-26 commissioners shall, within 10 days after making that determination,

5-27 assess each of those owners equally.

5-28 4. If the board of county commissioners assesses an owner of real

5-29 property pursuant to paragraph (b) of subsection 3, it shall, within 30

5-30 days after making the assessment, provide a written notice of the amount

5-31 of the assessment to the owner. The owner shall, within 30 days after

5-32 receiving the notice, pay to the board of county commissioners the

5-33 amount specified in the notice.

5-34 Sec. 15. An owner of real property that is located within a district

5-35 shall not sell that real property unless the owner provides a written notice

5-36 to the purchaser of the real property:

5-37 1. Stating that the real property is located within the district; and

5-38 2. Specifying the amount of the assessments paid for that real

5-39 property pursuant to sections 2 to 15, inclusive, of this act for:

5-40 (a) The immediately preceding 2 years, if the district has been in

5-41 existence for 2 years or more before the date the notice is provided to the

5-42 purchaser; or

6-1 (b) The period since the district was created, if the district has been in

6-2 existence for less than 2 years before the date the notice is provided to the

6-3 purchaser.

6-4 Sec. 16. This act becomes effective on July 1, 1999.