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; and

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

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

2-2 area of a county whose population is less than 100,000 may initiate the

2-3 creation of a district by filing a petition signed by at least 66 2/3 percent

2-4 of the owners with the board of county commissioners of the county

2-5 where the proposed district is located. A district may not include territory

2-6 located within more than one county.

2-7 2. A petition filed pursuant to subsection 1 must include:

2-8 (a) The name, address and signature of each person named in the

2-9 petition;

2-10 (b) The total acreage of the area proposed to be included within the

2-11 district;

2-12 (c) The number of owners of real property in that area;

2-13 (d) A detailed map of that area;

2-14 (e) A description of any proposed contract for the maintenance of

2-15 roads in the district; and

2-16 (f) The estimated annual cost to perform the proposed contracts to

2-17 maintain roads in the district.

2-18 3. If a petition is filed pursuant to subsection 1, the board of county

2-19 commissioners with whom the petition is filed shall hold a hearing to

2-20 consider the petition at its next regularly scheduled meeting held after

2-21 the date the petition is filed.

2-22 4. Except as otherwise provided in this subsection, if a board of

2-23 county commissioners decides to create a district after holding a hearing

2-24 pursuant to subsection 3, it shall, at its next regularly scheduled meeting

2-25 held after the hearing is conducted, adopt a resolution creating the

2-26 district. A board of county commissioners shall not adopt a resolution

2-27 pursuant to this subsection if, within 60 days after a hearing is held

2-28 pursuant to subsection 3, 51 percent or more of the owners of real

2-29 property within the proposed district file a petition with the board of

2-30 county commissioners opposing the creation of the district.

2-31 5. A resolution adopted pursuant to subsection 4 must include a

2-32 procedure to allow a person who owns real property within the district to

2-33 apply for a hardship determination that would exempt him from paying

2-34 the fees assessed pursuant to this chapter. The procedure must include,

2-35 without limitation:

2-36 (a) A method for allowing a person who owns real property within the

2-37 district to submit to the board a written application for a hardship

2-38 determination at least 90 days before the due date of an assessment;

2-39 (b) A method for determining whether such a person qualifies for a

2-40 hardship exemption;

2-41 (c) A requirement for the periodic renewal of the hardship

2-42 determination;

3-1 (d) A requirement that the board make a decision on the application

3-2 within 30 days after the filing of the application;

3-3 (e) A requirement that the board notify the board of county

3-4 commissioners in writing of the denial of an application and the reason

3-5 for denying the application; and

3-6 (f) A procedure for appealing the denial of an application by the

3-7 board to the board of county commissioners.

3-8 Sec. 8. 1. After adopting a resolution creating a district, the board

3-9 of county commissioners shall appoint five persons to serve as the initial

3-10 members of the board. A member of the board appointed pursuant to this

3-11 subsection:

3-12 (a) Must be a qualified elector of the district; and

3-13 (b) Serves in that office until his successor is elected pursuant to

3-14 section 9 of this act.

3-15 2. Each member of the board must qualify for appointment by filing

3-16 in the office of the county clerk where the district is located:

3-17 (a) A written oath of office signed by the member; and

3-18 (b) A bond in an amount of not more than $10,000 as determined by

3-19 the board of county commissioners. The bond must be filed in a form

3-20 approved by the board of county commissioners and be conditioned upon

3-21 the satisfactory performance of the duties of the member filing the bond.

3-22 The board of county commissioners may, from time to time, increase or

3-23 decrease the amount of the bond.

3-24 Sec. 9. 1. A biennial election for the district must be held

3-25 simultaneously with the first general election in the county held after the

3-26 district is created and simultaneously with each general election held

3-27 thereafter.

3-28 2. The office of a member of the board is a nonpartisan office. The

3-29 general election laws of this state govern the candidacy, nominations and

3-30 election of a member of the board. Except as otherwise provided in

3-31 subsection 3, the term of office of a member of the board is 4 years.

3-32 3. At the first biennial election of the district, there must be elected by

3-33 the qualified voters of the district:

3-34 (a) Two qualified electors as members of the board to serve for terms

3-35 of 2 years; and

3-36 (b) Three qualified electors as members of the board to serve for terms

3-37 of 4 years.

3-38 4. The secretary of the board shall provide notice of the election by

3-39 publication and take any other action concerning the election as the

3-40 county clerk or the registrar of voters may direct.

3-41 5. A member of the board who is elected must qualify in the same

3-42 manner as a member of the initial board pursuant to section 8 of this act.

4-1 Sec. 10. 1. After taking oaths and filing bonds, the members of the

4-2 board shall, by a majority vote, elect a chairman, vice chairman,

4-3 secretary and treasurer from among the members. The secretary and

4-4 treasurer may be one person. After the initial election, the chairman, vice

4-5 chairman, secretary and treasurer serve in that office for a term of 1 year

4-6 beginning on July 1 of each year. If a vacancy occurs in any of those

4-7 offices, the members of the board shall elect a member of the board to

4-8 serve in that office for the remainder of the unexpired term.

4-9 2. Three members of the board constitute a quorum, and a quorum

4-10 may exercise all the powers and duties of the board.

4-11 3. The board shall:

4-12 (a) Meet at such times and places specified by a call of the chairman

4-13 or by a majority of the members of the board;

4-14 (b) Adopt bylaws prescribing its management and government; and

4-15 (c) Comply with the provisions of chapter 241 of NRS.

4-16 4. The members of the board serve without compensation and are

4-17 not entitled to the per diem and travel expenses provided for state officers

4-18 and employees generally.

4-19 5. If a vacancy occurs in the membership of the board, the

4-20 remaining members of the board shall appoint a person to serve on the

4-21 board until his successor is elected and qualified. A person appointed to

4-22 serve on the board pursuant to this subsection must qualify in the

4-23 manner provided in section 8 of this act. If the board fails to fill a

4-24 vacancy within 30 days after the vacancy occurs, the board of county

4-25 commissioners where the district is located shall appoint a person to

4-26 serve on the board in the manner provided in this subsection.

4-27 Sec. 11. The board:

4-28 1. Shall enter into any contract it determines is necessary to maintain

4-29 any road; and

4-30 2. May take any other action it determines is necessary to carry out

4-31 the provisions of sections 2 to 15, inclusive, of this act.

4-32 Sec. 12. 1. On or before April 1 of each year, the board shall:

4-33 (a) Determine the total cost for each contract entered into pursuant to

4-34 section 11 of this act for the next ensuing fiscal year;

4-35 (b) Apportion that cost among the owners of real property by parcel

4-36 number within the district:

4-37 (1) Based upon the relative special benefit received by each parcel

4-38 of land; and

4-39 (2) Using a method of apportionment that is fair and equitable and

4-40 is approved by the board of county commissioners of the county where

4-41 the district is located;

4-42 (c) Submit a written report to the board of county commissioners

4-43 specifying the total cost determined pursuant to paragraph (a) and the

5-1 amount apportioned for each parcel of land within the district pursuant

5-2 to paragraph (b); and

5-3 (d) Submit a written report to the board of county commissioners:

5-4 (1) Specifying the total cost for performing contracts for the

5-5 maintenance of roads in the district for the preceding year; and

5-6 (2) Addressing whether the goals and objectives of the district

5-7 relating to the maintenance of such roads have been accomplished.

5-8 2. Upon receipt of the report, the board of county commissioners

5-9 shall collect the assessments specified in the report for the next ensuing

5-10 fiscal year. The assessments must be collected at the same time and in the

5-11 same manner, and with like interest and penalties, as any taxes on real

5-12 property are collected by the county. Any such assessment, until paid, is a

5-13 lien upon the real property assessed equal in priority to a lien for general

5-14 taxes, and may be collected in the same manner.

5-15 Sec. 13. 1. The board of county commissioners shall establish,

5-16 with the county treasurer, a special account in the general fund of the

5-17 county for money collected pursuant to section 12 of this act. The

5-18 account is a separate and continuing account and no money in the

5-19 account reverts to the general fund of the county at any time. Any money

5-20 collected by the board of county commissioners pursuant to section 12 of

5-21 this act must be deposited in the account. The interest and income earned

5-22 on the money in the account, after deducting any applicable charges,

5-23 must be credited to the account.

5-24 2. Any money in the account must be used only to carry out the

5-25 provisions of sections 2 to 15, inclusive, of this act.

5-26 3. The county treasurer shall pay any claim against the account that

5-27 is:

5-28 (a) Submitted by the board to pay for a contract entered into pursuant

5-29 to section 11 of this act; and

5-30 (b) Signed by the chairman and vice chairman of the board.

5-31 Sec. 14. 1. A district may be dissolved:

5-32 (a) If 51 percent or more of the owners of real property within the

5-33 district file a petition with the board of county commissioners requesting

5-34 the dissolution of the district; or

5-35 (b) If the board of county commissioners adopts a resolution on its

5-36 own motion dissolving the district.

5-37 If a petition is filed pursuant to this subsection, the board of county

5-38 commissioners shall, at its next regularly scheduled meeting after the

5-39 petition is filed, adopt a resolution dissolving the district. A resolution

5-40 adopted pursuant to this subsection becomes effective after all contracts

5-41 for the maintenance of a road entered into by the board pursuant to

5-42 section 11 of this act have expired.

6-1 2. If a resolution is adopted by a board of county commissioners

6-2 pursuant to subsection 1, the board of county commissioners shall,

6-3 within 30 days after the date the resolution becomes effective, determine

6-4 whether:

6-5 (a) Any expenses of the district have not been paid; and

6-6 (b) The money in the account created pursuant to section 13 of this

6-7 act is sufficient to pay those expenses.

6-8 3. If the board of county commissioners determines pursuant to

6-9 subsection 2 that the money in the account:

6-10 (a) Is sufficient to pay the expenses specified in that subsection, the

6-11 board of county commissioners shall, within 10 days after making that

6-12 determination, pay those expenses from that account and, if any money

6-13 remains in the account after paying those expenses, refund that money to

6-14 the owners of real property within the district in a manner that is fair and

6-15 equitable; or

6-16 (b) Is insufficient to pay those expenses, the board of county

6-17 commissioners shall, within 10 days after making that determination,

6-18 assess each of those owners equally.

6-19 4. If the board of county commissioners assesses an owner of real

6-20 property pursuant to paragraph (b) of subsection 3, it shall, within 30

6-21 days after making the assessment, provide a written notice of the amount

6-22 of the assessment to the owner. The owner shall, within 30 days after

6-23 receiving the notice, pay to the board of county commissioners the

6-24 amount specified in the notice.

6-25 Sec. 15. An owner of real property that is located within a district

6-26 shall not sell that real property unless the owner provides a written notice

6-27 to the purchaser of the real property:

6-28 1. Stating that the real property is located within the district; and

6-29 2. Specifying the amount of the assessments paid for that real

6-30 property pursuant to sections 2 to 15, inclusive, of this act for:

6-31 (a) The immediately preceding 2 years, if the district has been in

6-32 existence for 2 years or more before the date the notice is provided to the

6-33 purchaser; or

6-34 (b) The period since the district was created, if the district has been in

6-35 existence for less than 2 years before the date the notice is provided to the

6-36 purchaser.

6-37 Sec. 16. This act becomes effective on July 1, 1999.