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. Chapter 113 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. As used in NRS 113.060 and 113.070 and section 3 of this

1-4 act, unless the context otherwise requires, "seller" means a person who

1-5 sells or attempts to sell any land or tract of land in this state that is

1-6 divided or proposed to be divided over any period into two or more lots,

1-7 parcels, units or interests, including, without limitation, undivided

1-8 interests, which are offered, known, designated or advertised as a

1-9 common unit by a common name or as a part of a common promotional

1-10 plan of advertising and sale.

1-11 Sec. 3. 1. Except as otherwise provided in subsection 3, in a county

1-12 whose population is 400,000 or more, a seller may not sign a sales

1-13 agreement with the initial purchaser of a residence unless the seller, at

2-1 least 24 hours before the time of the signing, provides the initial

2-2 purchaser with a disclosure document that contains:

2-3 (a) A copy of the most recent gaming enterprise district map that has

2-4 been made available for public inspection pursuant to NRS 463.309 by

2-5 the city or town in which the residence is located or, if the residence is

2-6 not located in a city or town, by the county in which the residence is

2-7 located; and

2-8 (b) The location of the gaming enterprise district that is nearest to the

2-9 residence, regardless of the jurisdiction in which the nearest gaming

2-10 enterprise district is located.

2-11 The seller shall retain a copy of the disclosure document that has been

2-12 signed by the initial purchaser acknowledging the time and date of

2-13 receipt by the initial purchaser of the original document.

2-14 2. The information contained in the disclosure document required by

2-15 subsection 1 must:

2-16 (a) Be updated not less than once every 4 months;

2-17 (b) Advise the initial purchaser that gaming enterprise districts are

2-18 subject to change; and

2-19 (c) Provide the initial purchaser with instructions on how to obtain

2-20 more current information.

2-21 3. The initial purchaser of a residence may waive the 24-hour period

2-22 required by subsection 1 if the seller provides the initial purchaser with

2-23 the information required by subsections 1 and 2 and the initial purchaser

2-24 signs a written waiver. The seller shall retain a copy of the written waiver

2-25 that has been signed by the initial purchaser acknowledging the time and

2-26 date of receipt by the initial purchaser of the original document.

2-27 Sec. 4. NRS 113.070 is hereby amended to read as follows:

2-28 113.070 1. [Except as otherwise provided in subsection 3, in a

2-29 county whose population is 400,000 or more, a seller may not sign a sales

2-30 agreement with the initial purchaser of a residence unless the seller, at least

2-31 24 hours before the time of the signing, provides the initial purchaser with a

2-32 disclosure document that contains:

2-33 (a) A copy of the most recent gaming enterprise district map that has

2-34 been made available for public inspection pursuant to NRS 463.309 by the

2-35 city or town in which the residence is located or, if the residence is not

2-36 located in a city or town, by the county in which the residence is located;

2-37 and

2-38 (b) The location of the gaming enterprise district that is nearest to the

2-39 residence, regardless of the jurisdiction in which the nearest gaming

2-40 enterprise district is located.

2-41 The seller shall retain a copy of the disclosure document which has been

2-42 signed by the initial purchaser acknowledging the time and date of receipt

2-43 by the initial purchaser of the original document.

3-1 2. The information contained in the disclosure document required by

3-2 subsection 1 must:

3-3 (a) Be updated no less than once every 4 months;

3-4 (b) Advise the initial purchaser that gaming enterprise districts are

3-5 subject to change; and

3-6 (c) Provide the initial purchaser with instructions on how to obtain more

3-7 current information.

3-8 3. The initial purchaser of a residence may waive the 24-hour period

3-9 required by subsection 1 if the seller provides the initial purchaser with the

3-10 information required by subsections 1 and 2 and the initial purchaser signs

3-11 a written waiver. The seller shall retain a copy of the written waiver which

3-12 has been signed by the initial purchaser acknowledging the time and date of

3-13 receipt by the initial purchaser of the original document.

3-14 4.] Before the initial purchaser of a residence signs a sales agreement

3-15 [,] or opens escrow, whichever occurs earlier, the seller shall, by separate

3-16 written document, disclose to [him] the initial purchaser the zoning

3-17 designations and the designations in the master plan regarding land use [,]

3-18 adopted pursuant to chapter 278 of NRS , and the general land uses

3-19 described therein, for the adjoining parcels of land. If the residence is

3-20 located within a subdivision, the disclosure must be made regarding all

3-21 parcels of land adjoining the unit of the subdivision in which the residence

3-22 is located. If the residence is located on land divided by a parcel map and

3-23 not located within a subdivision, the disclosure must be made regarding all

3-24 parcels of land adjoining the parcel map. Such a disclosure must be made

3-25 regardless of whether the adjoining parcels are owned by the seller. The

3-26 seller shall retain a copy of the disclosure document which has been signed

3-27 by the initial purchaser acknowledging the date of receipt by the initial

3-28 purchaser of the original document.

3-29 [5.] 2. The information contained in the disclosure document required

3-30 by subsection [4] 1 must:

3-31 (a) Be updated [no] not less than once every 6 months, if the

3-32 information is available from the local government;

3-33 (b) Advise the initial purchaser that the master plan is for the general,

3-34 comprehensive and long-term development of land in the area and that

3-35 the designations in the master plan regarding land use provide the most

3-36 probable indication of future development which may occur on the

3-37 surrounding properties;

3-38 (c) Advise the initial purchaser that the master plan and zoning

3-39 ordinances and regulations adopted pursuant to the master plan are subject

3-40 to change; and

3-41 [(c)] (d) Provide the initial purchaser with instructions on how to obtain

3-42 more current information.

4-1 [6. As used in this section, "seller" means a person who sells or

4-2 attempts to sell any land or tract of land in this state which is divided or

4-3 proposed to be divided over any period into two or more lots, parcels, units

4-4 or interests, including, but not limited to, undivided interests, which are

4-5 offered, known, designated or advertised as a common unit by a common

4-6 name or as a part of a common promotional plan of advertising and sale.]

4-7 Sec. 5. NRS 278.260 is hereby amended to read as follows:

4-8 278.260 1. The governing body shall provide for the manner in

4-43 governing body shall, to the extent this notice does not duplicate the notice

5-1 required by subsection 2, cause a notice to be sent by mail at least 10 days

5-2 before the hearing to:

5-3 (a) The applicant;

5-4 (b) Each owner, as listed on the county assessor’s records, of real

5-5 property located within 500 feet from the portion of the boundary being

5-6 changed;

5-7 (c) Each owner, as listed on the county assessor’s records, of at least 30

5-8 parcels nearest to the portion of the boundary being changed, to the extent

5-9 this notice does not duplicate the notice given pursuant to paragraph (b);

5-10 and

5-11 (d) Any advisory board which has been established for the affected area

5-12 by the governing body.

5-13 The notice must be written in language which is easy to understand. [It]

5-14 The notice must set forth the time, place and purpose of the hearing and a

5-15 physical description of, or a map detailing, the proposed change [.] , must

5-16 indicate the existing zoning designation, and the proposed zoning

5-17 designation, of the property in question, and must contain a brief

5-18 summary of the intent of the proposed change.

5-19 5. The exterior of the notice mailed pursuant to subsection 4 must bear

5-20 a statement printed in at least 10-point bold type in substantially the

5-21 following form:

5-22 OFFICIAL NOTICE OF PUBLIC HEARING

5-23 6. In addition to mailing the notice required pursuant to subsection 4,

5-24 in a county whose population is 400,000 or more, the governing body shall,

5-25 [no] not later than 10 days before the hearing, erect or cause to be erected

5-26 on the property, at least one sign not less than 2 feet high and 2 feet wide.

5-27 The sign must be made of material reasonably calculated to withstand the

5-28 elements for 40 days. The governing body must be consistent in its use of

5-29 colors for the background and lettering of the sign. The sign must include

5-30 the following information:

5-31 (a) The existing zoning designation of the property in question;

5-32 (b) The proposed zoning designation of the property in question;

5-33 (c) The date, time and place of the public hearing;

5-34 (d) A telephone number which may be used by interested persons to

5-35 obtain additional information; and

5-36 (e) A statement which indicates whether the proposed zoning

5-37 designation of the property in question complies with the requirements of

5-38 the master plan of the city or county in which the property is located.

5-39 7. A sign required pursuant to subsection 6 is for informational

5-40 purposes only, and must be erected regardless of any local ordinance

5-41 regarding the size, placement or composition of signs to the contrary.

6-1 8. A governing body may charge an additional fee for each application

6-2 to amend an existing zoning regulation, restriction or boundary to cover the

6-3 actual costs resulting from the mailed notice required by this section and

6-4 the erection of not more than one of the signs required by subsection 6, if

6-5 any. The additional fee is not subject to the limitation imposed by NRS

6-6 354.5989.

6-7 9. The governing body shall remove or cause to be removed any sign

6-8 required by subsection 6 within 5 days after the final hearing for the

6-9 application for which the sign was erected. There must be no additional

6-10 charge to the applicant for such removal.

6-11 Sec. 6. This act becomes effective on December 1, 1999.