Assembly Bill No. 650–Committee on Government Affairs

 

(On Behalf of Legislative Commission (NRS 218.660))

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes changes to population basis for exercise of certain powers by local governments. (BDR 20‑1074)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to classifications based on population; changing the population basis for the exercise of certain powers by local governments; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 244.3673 is hereby amended to read as follows:

1-2    244.3673  The board of county commissioners of any county whose

1-3  population is [50,000] 100,000 or more or which has been converted into a

1-4  consolidated municipality may provide by ordinance for the investigation

1-5  of fires in which a death has occurred or which are of a suspicious origin,

1-6  and for the enforcement of regulations adopted by the state fire marshal.

1-7    Sec. 2.  NRS 244A.599 is hereby amended to read as follows:

1-8    244A.599  1.  Whenever the board of county commissioners of any

1-9  county or the board of supervisors of Carson City desires the powers

1-10  granted in NRS 244A.597 to 244A.667, inclusive, to be exercised, it shall,

1-11  by resolution, determine that the interest of the county and the public

1-12  interest, necessity or desirability require the exercise of those powers and

1-13  the creation of a county fair and recreation board therefor, pursuant to the

1-14  provisions of NRS 244A.597 to 244A.667, inclusive. After approval of the

1-15  resolution, the county or city clerk shall:

1-16    (a) Cause a copy of the resolution to be published promptly once in a

1-17  newspaper published in and of general circulation in the county or city; and

1-18    (b) In the case of a county, cause a certified copy of the resolution to be

1-19  mailed by registered or certified mail to the mayor or other chief executive

1-20  officer of each incorporated city within the county.

2-1    2.  In counties whose population is 100,000 or more, the county fair

2-2  and recreation board must be selected as provided in NRS 244A.601 or

2-3  244A.603. In counties whose population is [11,000] 15,000 or more and

2-4  less than 100,000, and in which there is more than one incorporated city,

2-5  each incorporated city, except an incorporated city which is the county

2-6  seat, must be represented by one member and any incorporated city which

2-7  is the county seat must be represented by four members. Within 30 days

2-8  after the day of publication of the resolution or the day on which the last of

2-9  the copies of the resolution was mailed, whichever day is later, the mayor

2-10  or other chief executive officer shall, with the approval of the legislative

2-11  body of the city, appoint a member or members of the city council or board

2-12  of trustees to serve on the board for the remainder of his or their terms of

2-13  office. The clerk or secretary of the city shall promptly certify the

2-14  appointment by registered or certified mail to the county clerk.

2-15    3.  In all other counties whose population is less than 100,000, any

2-16  incorporated city which is the county seat must be represented by one

2-17  member, who must be appointed and certified as provided in subsection 2,

2-18  and the board of county commissioners shall appoint three representatives

2-19  as follows:

2-20    (a) One member to represent the motel operators in the county.

2-21    (b) One member to represent the hotel operators in the county.

2-22    (c) One member to represent the other commercial interests in the

2-23  county.

2-24    4.  In all counties whose population is less than 100,000, one member

2-25  of the board of county commissioners must be appointed by the county

2-26  commissioners to serve on the board for the remainder of his term of

2-27  office.

2-28    5.  In all counties whose population is less than 100,000, and in which

2-29  there is no incorporated city, the board of county commissioners shall

2-30  appoint one member to represent the county at large.

2-31    6.  In Carson City the board of supervisors shall appoint five

2-32  representatives to the fair and recreation board established as provided in

2-33  subsection 1 as follows:

2-34    (a) Two members to represent the hotel and motel operators in the city.

2-35    (b) One member to represent the other commercial interests in the city.

2-36    (c) One member who is a member of the board of supervisors.

2-37    (d) One member to represent the city at large.

2-38    7.  Members who are not elected officials shall serve for 2-year terms.

2-39    8.  The terms of all elected officials are coterminous with their terms of

2-40  office. Any such member may succeed himself.

2-41    Sec. 3.  NRS 254.010 is hereby amended to read as follows:

2-42    254.010  The board of county commissioners of any county in this state

2-43  whose population is [6,000] 5,000 or more may appoint a county engineer

2-44  and fix his compensation.

2-45    Sec. 4.  NRS 62.180 is hereby amended to read as follows:

2-46    62.180  1.  Provision must be made for the temporary detention of

2-47  children in a detention home to be conducted as an agency of the court or

2-48  in some other appropriate public institution or agency, or the court may

2-49  arrange for the care and custody of such children temporarily in private

3-1  homes subject to the supervision of the court, or may arrange with any

3-2  private institution or private agency to receive for temporary care and

3-3  custody children within the jurisdiction of the court.

3-4    2.  Except as provided in this subsection and subject to the provisions

3-5  of this chapter, any county may provide, furnish and maintain at public

3-6  expense a building suitable and adequate for the purpose of a detention

3-7  home for the temporary detention of children. In a county whose

3-8  population is [35,000] 50,000 or more, the board of county commissioners

3-9  shall provide the detention facilities. Two or more counties, without regard

3-10  to their respective populations, may provide a combined detention home

3-11  under suitable terms agreed upon between the respective boards of county

3-12  commissioners and the judges of the juvenile court regularly sitting in the

3-13  judicial districts covering the counties.

3-14    3.  Any detention home built and maintained under this chapter must be

3-15  constructed and conducted as nearly like a home as possible, and must not

3-16  be deemed to be or treated as a penal institution. In a county whose

3-17  population is [35,000] 50,000 or more, a detention home built and

3-18  maintained under this chapter must not be adjoining or on the same

3-19  grounds as a prison, jail or lockup.

3-20    4.  In addition to detention homes, a county may provide and maintain

3-21  at public expense programs which provide alternatives to placing a child in

3-22  a detention home.

3-23    Sec. 5.  NRS 217.450 is hereby amended to read as follows:

3-24    217.450  1.  The commission on mental health and developmental

3-25  services shall advise the administrator of the division concerning the award

3-26  of grants from the account for aid for victims of domestic violence.

3-27    2.  The administrator of the division shall give priority to those

3-28  applications for grants from the account for aid for victims of domestic

3-29  violence submitted by organizations which offer the broadest range of

3-30  services for the least cost within one or more counties. The administrator

3-31  shall not approve the use of money from a grant to acquire any buildings.

3-32    3.  The administrator of the division has the final authority to approve

3-33  or deny an application for a grant. The administrator shall notify each

3-34  applicant in writing of the action taken on its application within 45 days

3-35  after the deadline for filing the application.

3-36    4.  In determining the amount of money to be allocated for grants, the

3-37  administrator of the division shall use the following formula:

3-38    (a) A basic allocation of $7,000 must be made for each county whose

3-39  population is less than 100,000. For counties whose population is 100,000

3-40  or more, the basic allocation is $35,000. These allocations must be

3-41  increased or decreased for each fiscal year ending after June 30, 1990, by

3-42  the same percentage that the amount deposited in the account during the

3-43  preceding fiscal year, pursuant to NRS 122.060, is greater or less than the

3-44  sum of $791,000.

3-45    (b) Any additional revenue available in the account must be allocated to

3-46  grants, on a per capita basis, for all counties whose population is [14,000]

3-47  20,000 or more.

3-48    (c) Money remaining in the account after disbursement of grants does

3-49  not revert and may be awarded in a subsequent year.

4-1    Sec. 6.  NRS 231.040 is hereby amended to read as follows:

4-2    231.040  1.  The commission on economic development is composed

4-3  of the lieutenant governor, who is its chairman, and six members who are

4-4  appointed by the governor.

4-5    2.  The governor shall appoint as members of the commission persons

4-6  who have proven experience in economic development which was acquired

4-7  by them while engaged in finance, manufacturing, mining, agriculture, the

4-8  field of transportation, or in general business other than tourism or gaming.

4-9    3.  The governor shall appoint at least one member who is a resident of:

4-10    (a) Clark County.

4-11    (b) Washoe County.

4-12    (c) A county whose population is [35,000] 50,000 or less.

4-13    Sec. 7.  NRS 231.067 is hereby amended to read as follows:

4-14    231.067  The commission on economic development shall:

4-15    1.  Develop a state plan for industrial development and diversification.

4-16    2.  Promote, encourage and aid the development of commercial,

4-17  industrial, agricultural, mining and other vital economic interests of this

4-18  state, except for travel and tourism, except that in a county whose

4-19  population is less than [35,000,] 50,000, the county may include

4-20  community development and the development of the nongaming recreation

4-21  and tourism industry in its economic development efforts.

4-22    3.  Identify sources of financing and assist businesses and industries

4-23  which wish to locate in Nevada in obtaining financing.

4-24    4.  Provide and administer grants of money to political subdivisions of

4-25  the state and to local or regional organizations for economic development

4-26  to assist them in promoting the advantages of their communities and in

4-27  recruiting businesses to relocate in those communities. Each recipient must

4-28  provide an amount of money, at least equal to the grant, for the same

4-29  purpose, except, in a county whose population is less than [35,000,]

4-30  50,000, the commission may, if convinced that the recipient is financially

4-31  unable to do so, provide such a grant with less than equal matching money

4-32  provided by the recipient.

4-33    5.  Encourage and assist state, county and city agencies in planning and

4-34  preparing projects for economic or industrial development and financing

4-35  those projects with revenue bonds.

4-36    6.  Coordinate and assist the activities of counties, cities, local and

4-37  regional organizations for economic development and fair and recreation

4-38  boards in the state which affect industrial development, except for travel

4-39  and tourism, except that in a county whose population is less than [35,000,]

4-40  50,000, the county may include community development and the

4-41  development of the nongaming recreation and tourism industry in its

4-42  economic development efforts.

4-43    7.  Arrange by cooperative agreements with local governments to serve

4-44  as the single agency in the state where relocating or expanding businesses

4-45  may obtain all required permits.

4-46    8.  Promote close cooperation between public agencies and private

4-47  persons who have an interest in industrial development and diversification

4-48  in Nevada.

5-1    9.  Organize and coordinate the activities of a group of volunteers

5-2  which will aggressively select and recruit businesses and industries,

5-3  especially small industries, to locate their offices and facilities in Nevada.

5-4    Sec. 8.  NRS 231.170 is hereby amended to read as follows:

5-5    231.170  1.  The commission on tourism is composed of the lieutenant

5-6  governor, who is its chairman, and eight members who are appointed by

5-7  the governor.

5-8    2.  The governor shall appoint as members of the commission persons

5-9  who are informed on and have experience in travel and tourism, including

5-10  the business of gaming.

5-11    3.  The chief administrative officers of the county fair and recreation

5-12  boards or, if there is no county fair and recreation board in the county, the

5-13  chairman of the board of county commissioners, of the three counties that

5-14  paid the largest amount of the proceeds from the taxes imposed on the

5-15  revenue from the rental of transient lodging to the department of taxation

5-16  for deposit with the state treasurer for credit to the fund for the promotion

5-17  of tourism created by NRS 231.250 for the previous fiscal year are ex

5-18  officio but nonvoting members of the commission. A change in any

5-19  member of the commission who serves pursuant to the provisions of this

5-20  subsection that is required because of a change in the amount of the

5-21  proceeds paid to the department of taxation by each county must be

5-22  effective on January 1 of the calendar year immediately following the

5-23  fiscal year in which the proceeds were paid to the department of taxation.

5-24    4.  In addition to the appointments made pursuant to subsection 3, the

5-25  governor shall appoint:

5-26    (a) At least one member who is a resident of Clark County.

5-27    (b) At least one member who is a resident of Washoe County.

5-28    (c) At least two members who are residents of counties whose

5-29  population is [50,000] 100,000 or less.

5-30    (d) One member who is a resident of any county in this state.

5-31    Sec. 9.  NRS 231.260 is hereby amended to read as follows:

5-32    231.260  The commission on tourism, through its division of tourism,

5-33  shall:

5-34    1.  Promote this state so as to increase the number of domestic and

5-35  international tourists.

5-36    2.  Promote special events which are designed to increase tourism.

5-37    3.  Develop a state plan to promote travel and tourism in Nevada.

5-38    4.  Develop a comprehensive program of marketing and advertising, for

5-39  both domestic and international markets, which publicizes travel and

5-40  tourism in Nevada in order to attract more visitors to this state or lengthen

5-41  their stay.

5-42    5.  Provide and administer grants of money or matching grants to

5-43  political subdivisions of the state, to fair and recreation boards, and to local

5-44  or regional organizations which promote travel and tourism, to assist them

5-45  in:

5-46    (a) Developing local programs for marketing and advertising which are

5-47  consistent with the state plan.

5-48    (b) Promoting specific events and attractions in their communities.

6-1    (c) Evaluating the effectiveness of the local programs and
events.

6-2  Each recipient must provide an amount of money, at least equal to the

6-3  grant, for the same purpose, except, in a county whose population is less

6-4  than [35,000,] 50,000, the commission may, if convinced that the recipient

6-5  is financially unable to do so, provide a grant with less than equal matching

6-6  money provided by the recipient.

6-7    6.  Coordinate and assist the programs of travel and tourism of

6-8  counties, cities, local and regional organizations for travel and tourism, fair

6-9  and recreation boards and transportation authorities in the state. Local

6-10  governmental agencies which promote travel and tourism shall coordinate

6-11  their promotional programs with those of the commission.

6-12    7.  Encourage cooperation between public agencies and private persons

6-13  who have an interest in promoting travel and tourism in Nevada.

6-14    8.  Compile or obtain by contract, keep current and disseminate

6-15  statistics and other marketing information on travel and tourism in Nevada.

6-16    9.  Prepare and publish, with the assistance of the division of

6-17  publications, brochures, travel guides, directories and other materials

6-18  which promote travel and tourism in Nevada.

6-19    Sec. 10.  NRS 268.048 is hereby amended to read as follows:

6-20    268.048  1.  The governing body of a city located in a county whose

6-21  population is less than [11,000,] 15,000, upon making a finding pursuant to

6-22  a public hearing that a city industrial park is necessary to meet the needs of

6-23  the city, and that no private enterprise has presented an acceptable proposal

6-24  for industrial development, may develop a plan and establish requirements

6-25  for the:

6-26    (a) Acquisition, sale or lease of real property by the city for industrial

6-27  development; and

6-28    (b) Design, engineering and construction of industrial developments.

6-29    2.  The governing body shall:

6-30    (a) Give notice of its intention by publication at least once in a

6-31  newspaper of general circulation published in the city, or if there is no such

6-32  newspaper then in a newspaper of general circulation in the city published

6-33  in the state; and

6-34    (b) Hold its public hearing not less than 10 nor more than 20 days after

6-35  the date of publication of the notice.

6-36    3.  The governing body may grant an option to purchase property

6-37  designated for industrial development. The duration of the option must not

6-38  exceed 3 years but afterward the governing body may extend it year by

6-39  year. Any attempted assignment of the option, whether contractual or

6-40  effected by operation of law, is void. Upon its execution, the option must

6-41  immediately be recorded by the governing body with the county recorder.

6-42    4.  After review by the planning commission, a member of the

6-43  governing body or the purchaser or lessee of the property shall present the

6-44  proposed plan for an industrial development to the governing body.

6-45    5.  The governing body shall, after a public hearing, approve or reject

6-46  the proposed plan.

 

 

7-1    Sec. 11.  NRS 268.802 is hereby amended to read as follows:

7-2    268.802  1.  The governing body of an incorporated city whose

7-3  population is [200,000] 300,000 or more may by ordinance create a district.

7-4    2.  Not more than one district may be created in each such city.

7-5    3.  A district is not entitled to receive any distribution of supplemental

7-6  city-county relief tax.

7-7    Sec. 12.  NRS 268.811 is hereby amended to read as follows:

7-8    268.811  As used in NRS 268.810 to 268.823, inclusive, unless the

7-9  context otherwise requires:

7-10    1.  “Governing body” means the governing body of a city whose

7-11  population is [200,000] 300,000 or more.

7-12    2.  “Operating entity” means a public operating entity of a pedestrian

7-13  mall or a private operating entity with whom a governing body has

7-14  contracted for the acquisition, construction, improvement, operation,

7-15  management or maintenance of a pedestrian mall, or any combination

7-16  thereof.

7-17    3.  “Pedestrian mall” means an area including portions of one or more

7-18  streets or alleys that has been set aside for use primarily by pedestrians and

7-19  to which access by motor vehicles is prohibited or restricted. The term

7-20  includes all improvements and appurtenances thereto that are designed to

7-21  be used primarily for the movement, safety, convenience, enjoyment,

7-22  entertainment, recreation or relaxation of pedestrians.

7-23    4.  “Redevelopment agency” means a governmental entity created

7-24  pursuant to NRS 279.382 to 279.685, inclusive, or a legislative body which

7-25  has elected to exercise the powers granted to an agency under NRS

7-26  279.382 to 279.685, inclusive.

7-27    Sec. 13.  NRS 268.812 is hereby amended to read as follows:

7-28    268.812  1.  The governing body of an incorporated city whose

7-29  population is [200,000] 300,000 or more may by ordinance create a

7-30  pedestrian mall.

7-31    2.  Before adopting an ordinance creating a pedestrian mall, the

7-32  governing body must find that it would be in the best interests of the city

7-33  and beneficial to the owners of adjacent property to use the street or streets

7-34  or other thoroughfare or thoroughfares primarily for pedestrians.

7-35    3.  The ordinance must establish the boundaries of the pedestrian mall

7-36  and the governing body may change the boundaries by ordinance. The area

7-37  included within a pedestrian mall may be contiguous or noncontiguous.

7-38    4.  In addition to other requirements for the consideration and adoption

7-39  of an ordinance, at least 10 days before the date fixed for a public hearing

7-40  on the adoption of the ordinance creating a pedestrian mall, a notice of the

7-41  date, time and place of the hearing and a copy of the proposed ordinance,

7-42  or notification that a copy is available in the office of the city clerk, must

7-43  be mailed to the owners of record of the property included within the

7-44  proposed boundaries of the pedestrian mall. The names and addresses of

7-45  the owners of such property may be obtained from the records of the

7-46  county assessor or from such other source or sources as the governing body

7-47  deems reliable. Any such list of names and addresses appertaining to any

7-48  pedestrian mall may be revised from time to time, but such a list need not

7-49  be revised more frequently than at 12-month intervals.

8-1    5.  Unless otherwise provided by the governing body in the ordinance,

8-2  all property of the city that is used in conjunction with or as a part of the

8-3  pedestrian mall remains property of the city and must not be considered

8-4  vacated for any purpose.

8-5    Sec. 14.  NRS 278.02095 is hereby amended to read as follows:

8-6    278.02095  1.  Except as otherwise provided in this section, in an

8-7  ordinance relating to the zoning of land adopted or amended by a

8-8  governing body, the definition of “single-family residence” must include a

8-9  manufactured home.

8-10    2.  Notwithstanding the provisions of subsection 1, a governing body

8-11  shall adopt standards for the placement of a manufactured home that will

8-12  not be affixed to a lot within a mobile home park which require that:

8-13    (a) The manufactured home:

8-14      (1) Be permanently affixed to a residential lot;

8-15      (2) Be manufactured within the 5 years immediately preceding the

8-16  date on which it is affixed to the residential lot;

8-17      (3) Have exterior siding and roofing which is similar in color,

8-18  material and appearance to the exterior siding and roofing primarily used

8-19  on other single-family residential dwellings in the immediate vicinity of the

8-20  manufactured home, as established by the governing body;

8-21      (4) Consist of more than one section; and

8-22      (5) Consist of at least 1,200 square feet of living area unless the

8-23  governing body, by administrative variance or other expedited procedure

8-24  established by the governing body, approves a lesser amount of square

8-25  footage based on the size or configuration of the lot or the square footage

8-26  of single-family residential dwellings in the immediate vicinity of the

8-27  manufactured home; and

8-28    (b) If the manufactured home has an elevated foundation, the

8-29  foundation is masked architecturally in a manner determined by the

8-30  governing body.

8-31  The governing body of a local government in a county whose population is

8-32  less than [25,000] 40,000 may adopt standards that are less restrictive than

8-33  the standards set forth in this subsection.

8-34    3.  Standards adopted by a governing body pursuant to subsection 2

8-35  must be objective and documented clearly and must not be adopted to

8-36  discourage or impede the construction or provision of affordable housing,

8-37  including, without limitation, the use of manufactured homes for affordable

8-38  housing.

8-39    4.  The provisions of this section do not abrogate a recorded restrictive

8-40  covenant prohibiting manufactured homes nor do the provisions apply

8-41  within the boundaries of a historic district established pursuant to NRS

8-42  384.005 or 384.100. An application to place a manufactured home on a

8-43  residential lot pursuant to this section constitutes an attestation by the

8-44  owner of the lot that the placement complies with all covenants, conditions

8-45  and restrictions placed on the lot and that the lot is not located within a

8-46  historic district.

8-47    5.  As used in this section, “manufactured home” has the meaning

8-48  ascribed to it in NRS 489.113.

 

9-1    Sec. 15.  NRS 278.0262 is hereby amended to read as follows:

9-2    278.0262  1.  There is hereby created in each county whose

9-3  population is 100,000 or more but less than 400,000, a regional planning

9-4  commission consisting of:

9-5    (a) Three members from the local planning commission of each city in

9-6  the county whose population is [40,000] 60,000 or more, appointed by the

9-7  respective governing bodies of those cities;

9-8    (b) One member from the local planning commission of each city in the

9-9  county whose population is less than [40,000,] 60,000, appointed by the

9-10  respective governing bodies of those cities; and

9-11    (c) Three members from the local planning commission of the county,

9-12  appointed by the governing body of the county, at least two of whom must

9-13  reside in unincorporated areas of the county.

9-14    2.  Except for the terms of the initial members of the commission, the

9-15  term of each member is 3 years and until the selection and qualification of

9-16  his successor. A member may be reappointed. A member who ceases to be

9-17  a member of the local planning commission of the jurisdiction from which

9-18  he is appointed automatically ceases to be a member of the commission. A

9-19  vacancy must be filled for the unexpired term by the governing body which

9-20  made the original appointment.

9-21    3.  The commission shall elect its chairman from among its members.

9-22  The term of the chairman is 1 year. The member elected chairman must

9-23  have been appointed by the governing body of the county or a city whose

9-24  population is [40,000] 60,000 or more, as determined pursuant to a

9-25  schedule adopted by the commission and made a part of its bylaws which

9-26  provides for the annual rotation of the chairmanship among each of those

9-27  governing bodies.

9-28    4.  A member of the commission must be compensated at the rate of

9-29  $80 per meeting or $400 per month, whichever is less.

9-30    5.  Each member of the commission must successfully complete the

9-31  course of training prescribed by the governing body pursuant to subsection

9-32  2 of NRS 278.0265 within 1 year after the date on which his term of

9-33  appointment commences. A member who fails to complete successfully the

9-34  course of training as required pursuant to this subsection forfeits his

9-35  appointment 1 year after the date on which his term of appointment

9-36  commenced.

9-37    Sec. 16.  NRS 278.0264 is hereby amended to read as follows:

9-38    278.0264  1.  There is hereby created in each county whose

9-39  population is 100,000 or more but less than 400,000, a governing board for

9-40  regional planning consisting of:

9-41    (a) Three representatives appointed by the board of county

9-42  commissioners, at least two of whom must represent or reside within

9-43  unincorporated areas of the county. If the representative is:

9-44      (1) A county commissioner, his district must be one of the two

9-45  districts in the county with the highest percentage of unincorporated area.

9-46      (2) Not a county commissioner, he must reside within an

9-47  unincorporated area of the county.

9-48    (b) Four representatives appointed by the governing body of the largest

9-49  incorporated city in the county.

10-1    (c) Three representatives appointed by the governing body of every

10-2  other incorporated city in the county whose population is [40,000] 60,000

10-3  or more.

10-4    (d) One representative appointed by the governing body of each

10-5  incorporated city in the county whose population is less than [40,000.]

10-6  60,000.

10-7    2.  Except for the terms of the initial members of the governing board,

10-8  the term of each member is 3 years and until the selection and qualification

10-9  of his successor. A member may be reappointed. A vacancy must be filled

10-10  for the unexpired term by the governing body which made the original

10-11  appointment.

10-12  3.  The governing bodies may appoint representatives to the governing

10-13  board from within their respective memberships. A member of a local

10-14  governing body who is so appointed and who subsequently ceases to be a

10-15  member of that body, automatically ceases to be a member of the

10-16  governing board. The governing body may also appoint alternative

10-17  representatives who may act in the respective absences of the principal

10-18  appointees.

10-19  4.  The governing board shall elect its chairman from among its

10-20  members. The term of the chairman is 1 year. The member elected

10-21  chairman must have been appointed by the governing body of the county or

10-22  a city whose population is more than [40,000,] 60,000, as determined

10-23  pursuant to a schedule adopted by the governing board and made a part of

10-24  its bylaws which provides for the annual rotation of the chairmanship

10-25  among each of those governing bodies.

10-26  5.  A member of the governing board who is also a member of the

10-27  governing body which appointed him shall serve without additional

10-28  compensation. All other members must be compensated at the rate of $40

10-29  per meeting or $200 per month, whichever is less.

10-30  6.  The governing board may appoint such employees as it deems

10-31  necessary for its work and may contract with city planners, engineers,

10-32  architects and other consultants for such services as it requires.

10-33  7.  The local governments represented on the governing board shall

10-34  provide the necessary facilities, equipment, staff, supplies and other usual

10-35  operating expenses necessary to enable the governing board to carry out its

10-36  functions. The local governments shall enter into an agreement whereby

10-37  those costs are shared by the local governments in proportion to the

10-38  number of members that each appoints to the governing board. The

10-39  agreement must also contain a provision specifying the responsibility of

10-40  each local government, respectively, of paying for legal services needed by

10-41  the governing board or by the regional planning commission.

10-42  8.  The governing board may sue or be sued in any court of competent

10-43  jurisdiction.

10-44  9.  The governing board shall prepare and adopt an annual budget and

10-45  transmit it as a recommendation for funding to each of the local

10-46  governments.

10-47  Sec. 17.  NRS 278.030 is hereby amended to read as follows:

10-48  278.030  1.  The governing body of each city [and of each county]

10-49  whose population is 25,000 or more and of each county whose population

11-1  is 40,000 or more shall create by ordinance a planning commission to

11-2  consist of seven members.

11-3    2.  Cities [and counties] whose population is less than 25,000 and

11-4  counties whose population is less than 40,000 may create by ordinance a

11-5  planning commission to consist of seven members. If the governing body

11-6  of any city [or of any county] whose population is less than 25,000 or of

11-7  any county whose population is less than 40,000 deems the creation of a

11-8  planning commission unnecessary or inadvisable, the governing body may,

11-9  in lieu of creating a planning commission as provided in this subsection,

11-10  perform all the functions and have all of the powers which would otherwise

11-11  be granted to and be performed by the planning commission.

11-12  Sec. 18.  NRS 278.330 is hereby amended to read as follows:

11-13  278.330  1.  The initial action in connection with the making of any

11-14  subdivision is the preparation of a tentative map.

11-15  2.  The subdivider shall file copies of such map with the planning

11-16  commission or its designated representative, or with the clerk of the

11-17  governing body if there is no planning commission, together with a filing

11-18  fee in an amount determined by the governing body.

11-19  3.  The commission, its designated representative, the clerk or other

11-20  designated representative of the governing body or, when authorized by the

11-21  governing body, the subdivider or any other appropriate agency shall

11-22  distribute copies of the map and any accompanying data to all state and

11-23  local agencies charged with reviewing the proposed subdivision.

11-24  4.  If there is no planning commission, the clerk of the governing body

11-25  shall submit the tentative map to the governing body at its next regular

11-26  meeting.

11-27  5.  Except as otherwise provided by subsection 6, if there is a planning

11-28  commission, it shall:

11-29  (a) In a county whose population is [40,000] 50,000 or more, within 45

11-30  days; or

11-31  (b) In a county whose population is less than [40,000,] 50,000, within

11-32  60 days,

11-33  after accepting as a complete application a tentative map, recommend

11-34  approval, conditional approval or disapproval of the map in a written report

11-35  filed with the governing body.

11-36  6.  If the governing body has authorized the planning commission to

11-37  take final action on a tentative map, the planning commission shall:

11-38  (a) In a county whose population is [40,000] 50,000 or more, within 45

11-39  days; or

11-40  (b) In a county whose population is less than [40,000,] 50,000, within

11-41  60 days,

11-42  after accepting as a complete application a tentative map, approve,

11-43  conditionally approve or disapprove the tentative map in the manner

11-44  provided for in NRS 278.349. It shall file its written decision with the

11-45  governing body.

11-46  Sec. 19.  NRS 278.349 is hereby amended to read as follows:

11-47  278.349  1.  Except as otherwise provided in subsection 2, the

11-48  governing body, if it has not authorized the planning commission to take

11-49  final action, shall, by a majority vote of the members present, approve,

12-1  conditionally approve, or disapprove a tentative map filed pursuant to NRS

12-2  278.330:

12-3    (a) In a county whose population is [40,000] 50,000 or more, within 45

12-4  days; or

12-5    (b) In a county whose population is less than [40,000,] 50,000, within

12-6  60 days,

12-7  after receipt of the planning commission’s recommendations.

12-8    2.  If there is no planning commission, the governing body shall

12-9  approve, conditionally approve or disapprove a tentative map:

12-10  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-11  days; or

12-12  (b) In a county whose population is less than [40,000,] 50,000, within

12-13  60 days,

12-14  after the map is filed with the clerk of the governing body.

12-15  3.  The governing body, or planning commission if it is authorized to

12-16  take final action on a tentative map, shall consider:

12-17  (a) Environmental and health laws and regulations concerning water

12-18  and air pollution, the disposal of solid waste, facilities to supply water,

12-19  community or public sewage disposal and, where applicable, individual

12-20  systems for sewage disposal;

12-21  (b) The availability of water which meets applicable health standards

12-22  and is sufficient in quantity for the reasonably foreseeable needs of the

12-23  subdivision;

12-24  (c) The availability and accessibility of utilities;

12-25  (d) The availability and accessibility of public services such as schools,

12-26  police protection, transportation, recreation and parks;

12-27  (e) Conformity with the zoning ordinances and master plan, except that

12-28  if any existing zoning ordinance is inconsistent with the master plan, the

12-29  zoning ordinance takes precedence;

12-30  (f) General conformity with the governing body’s master plan of streets

12-31  and highways;

12-32  (g) The effect of the proposed subdivision on existing public streets and

12-33  the need for new streets or highways to serve the subdivision;

12-34  (h) Physical characteristics of the land such as flood plain, slope and

12-35  soil;

12-36  (i) The recommendations and comments of those entities reviewing the

12-37  tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

12-38  (j) The availability and accessibility of fire protection, including, but not

12-39  limited to, the availability and accessibility of water and services for the

12-40  prevention and containment of fires, including fires in wild lands.

12-41  4.  The governing body or planning commission shall, by a majority

12-42  vote of the members present, make a final disposition of the tentative map.

12-43  Any disapproval or conditional approval must include a statement of the

12-44  reason for that action.

12-45  Sec. 20.  NRS 278.464 is hereby amended to read as follows:

12-46  278.464  1.  Except as otherwise provided in subsection 2, if there is a

12-47  planning commission, it shall:

12-48  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-49  days; or

13-1    (b) In a county whose population is less than [40,000,] 50,000, within

13-2  60 days,

13-3  after accepting as a complete application a parcel map, recommend

13-4  approval, conditional approval or disapproval of the map in a written

13-5  report. The planning commission shall submit the parcel map and the

13-6  written report to the governing body.

13-7    2.  If the governing body has authorized the planning commission to

13-8  take final action on a parcel map, the planning commission shall:

13-9    (a) In a county whose population is [40,000] 50,000 or more, within 45

13-10  days; or

13-11  (b) In a county whose population is less than [40,000,] 50,000, within

13-12  60 days,

13-13  after accepting as a complete application the parcel map, approve,

13-14  conditionally approve or disapprove the map. It shall file its written

13-15  decision with the governing body. Unless the time is extended by mutual

13-16  agreement, if the planning commission is authorized to take final action

13-17  and it fails to take action within the period specified in this subsection, the

13-18  parcel map shall be deemed approved.

13-19  3.  If there is no planning commission or if the governing body has not

13-20  authorized the planning commission to take final action, the governing

13-21  body or, by authorization of the governing body, the director of planning or

13-22  other authorized person or agency shall:

13-23  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-24  days; or

13-25  (b) In a county whose population is less than [40,000,] 50,000, within

13-26  60 days,

13-27  after acceptance of the parcel map as a complete application by the

13-28  governing body pursuant to subsection 1 or pursuant to subsection 2 of

13-29  NRS 278.461, review and approve, conditionally approve or disapprove the

13-30  parcel map. Unless the time is extended by mutual agreement, if the

13-31  governing body, the director of planning or other authorized person or

13-32  agency fails to take action within the period specified in this subsection,

13-33  the parcel map shall be deemed approved.

13-34  4.  Except as otherwise provided in NRS 278.463, if unusual

13-35  circumstances exist, a governing body or, if authorized by the governing

13-36  body, the planning commission may waive the requirement for a parcel

13-37  map. Before waiving the requirement for a parcel map, a determination

13-38  must be made by the county surveyor, city surveyor or professional land

13-39  surveyor appointed by the governing body that a survey is not required.

13-40  Unless the time is extended by mutual agreement, a request for a waiver

13-41  must be acted upon:

13-42  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-43  days; or

13-44  (b) In a county whose population is less than [40,000,] 50,000, within

13-45  60 days,

13-46  after the date of the request for the waiver, or, in the absence of action, the

13-47  waiver shall be deemed approved.

13-48  5.  A governing body may consider or may, by ordinance, authorize the

13-49  consideration of the criteria set forth in subsection 3 of NRS 278.349 in

14-1  determining whether to approve, conditionally approve or disapprove a

14-2  second or subsequent parcel map for land that has been divided by a parcel

14-3  map which was recorded within the 5 years immediately preceding the

14-4  acceptance of the second or subsequent parcel map as a complete

14-5  application.

14-6    6.  An applicant or other person aggrieved by a decision of the

14-7  governing body’s authorized representative or by a final act of the planning

14-8  commission may appeal to the governing body within a reasonable period

14-9  to be determined, by ordinance, by the governing body. The governing

14-10  body shall render its decision:

14-11  (a) In a county whose population is [40,000] 50,000 or more, within 45

14-12  days; or

14-13  (b) In a county whose population is less than [40,000,] 50,000, within

14-14  60 days,

14-15  after the date the appeal is filed.

14-16  7.  If a parcel map and the associated division of land are approved or

14-17  deemed approved pursuant to this section, the approval must be noted on

14-18  the map in the form of a certificate attached thereto and executed by the

14-19  clerk of the governing body, the governing body’s designated

14-20  representative or the chairman of the planning commission. A certificate

14-21  attached to a parcel map pursuant to this subsection must indicate, if

14-22  applicable, that the governing body or planning commission determined

14-23  that a public street, easement or utility easement which will not remain in

14-24  effect after a merger and resubdivision of parcels conducted pursuant to

14-25  NRS 278.4925, has been vacated or abandoned in accordance with NRS

14-26  278.480.

14-27  Sec. 21.  NRS 278.4725 is hereby amended to read as follows:

14-28  278.4725  1.  Except as otherwise provided in this section, if the

14-29  governing body has authorized the planning commission to take final

14-30  action on a final map, the planning commission shall approve,

14-31  conditionally approve or disapprove the final map, basing its action upon

14-32  the requirements of NRS 278.472:

14-33  (a) In a county whose population is [40,000] 50,000 or more, within 45

14-34  days; or

14-35  (b) In a county whose population is less than [40,000,] 50,000, within

14-36  60 days,

14-37  after accepting the final map as a complete application. The planning

14-38  commission shall file its written decision with the governing body. Except

14-39  as otherwise provided in subsection 5, or unless the time is extended by

14-40  mutual agreement, if the planning commission is authorized to take final

14-41  action and it fails to take action within the period specified in this

14-42  subsection, the final map shall be deemed approved unconditionally.

14-43  2.  If there is no planning commission or if the governing body has not

14-44  authorized the planning commission to take final action, the governing

14-45  body or its authorized representative shall approve, conditionally approve

14-46  or disapprove the final map, basing its action upon the requirements of

14-47  NRS 278.472:

14-48  (a) In a county whose population is [40,000] 50,000 or more, within 45

14-49  days; or

15-1    (b) In a county whose population is less than [40,000,] 50,000, within

15-2  60 days,

15-3  after the final map is accepted as a complete application. Except as

15-4  otherwise provided in subsection 5 or unless the time is extended by

15-5  mutual agreement, if the governing body or its authorized representative

15-6  fails to take action within the period specified in this subsection, the final

15-7  map shall be deemed approved unconditionally.

15-8    3.  An applicant or other person aggrieved by a decision of the

15-9  authorized representative of the governing body or by a final act of the

15-10  planning commission may appeal to the governing body within a

15-11  reasonable period to be determined, by ordinance, by the governing body.

15-12  The governing body shall render its decision:

15-13  (a) In a county whose population is [40,000] 50,000 or more, within 45

15-14  days; or

15-15  (b) In a county whose population is less than [40,000,] 50,000, within

15-16  60 days,

15-17  after the date on which the appeal is filed.

15-18  4.  If the map is disapproved, the governing body or its authorized

15-19  representative or the planning commission shall return the map to the

15-20  person who proposes to divide the land, with the reason for its action and a

15-21  statement of the changes necessary to render the map acceptable.

15-22  5.  If the final map divides the land into 16 lots or more, the governing

15-23  body or its authorized representative or the planning commission shall not

15-24  approve a map, and a map shall not be deemed approved, unless:

15-25  (a) Each lot contains an access road that is suitable for use by

15-26  emergency vehicles; and

15-27  (b) The corners of each lot are set by a professional land surveyor.

15-28  6.  If the final map divides the land into 15 lots or less, the governing

15-29  body or its authorized representative or the planning commission may, if

15-30  reasonably necessary, require the map to comply with the provisions of

15-31  subsection 5.

15-32  7.  Upon approval, the map must be filed with the county recorder.

15-33  Filing with the county recorder operates as a continuing:

15-34  (a) Offer to dedicate for public roads the areas shown as proposed roads

15-35  or easements of access, which the governing body may accept in whole or

15-36  in part at any time or from time to time.

15-37  (b) Offer to grant the easements shown for public utilities, which any

15-38  public utility may similarly accept without excluding any other public

15-39  utility whose presence is physically compatible.

15-40  8.  The map filed with the county recorder must include:

15-41  (a) A certificate signed and acknowledged by each owner of land to be

15-42  divided consenting to the preparation of the map, the dedication of the

15-43  roads and the granting of the easements.

15-44  (b) A certificate signed by the clerk of the governing body or authorized

15-45  representative of the governing body or the secretary to the planning

15-46  commission that the map was approved, or the affidavit of the person

15-47  presenting the map for filing that the time limited by subsection 1 or 2 for

15-48  action by the governing body or its authorized representative or the

15-49  planning commission has expired and that the requirements of subsection 5

16-1  have been met. A certificate signed pursuant to this paragraph must also

16-2  indicate, if applicable, that the governing body or planning commission

16-3  determined that a public street, easement or utility easement which will not

16-4  remain in effect after a merger and resubdivision of parcels conducted

16-5  pursuant to NRS 278.4925, has been vacated or abandoned in accordance

16-6  with NRS 278.480.

16-7    (c) A written statement signed by the treasurer of the county in which

16-8  the land to be divided is located indicating that all property taxes on the

16-9  land for the fiscal year have been paid.

16-10  9.  A governing body may by local ordinance require a final map to

16-11  include:

16-12  (a) A report from a title company which lists the names of:

16-13     (1) Each owner of record of the land to be divided; and

16-14     (2) Each holder of record of a security interest in the land to be

16-15  divided, if the security interest was created by a mortgage or a deed of

16-16  trust.

16-17  (b) The signature of each owner of record of the land to be divided.

16-18  (c) The written consent of each holder of record of a security interest

16-19  listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

16-20  recordation of the final map. A holder of record may consent by signing:

16-21     (1) The final map; or

16-22     (2) A separate document that is filed with the final map and declares

16-23  his consent to the division of land.

16-24  10.  After a map has been filed with the county recorder, any lot shown

16-25  thereon may be conveyed by reference to the map, without further

16-26  description.

16-27  11.  The county recorder shall charge and collect for recording the map

16-28  a fee of not more than $35 per page set by the board of county

16-29  commissioners.

16-30  Sec. 22.  NRS 279.685 is hereby amended to read as follows:

16-31  279.685  1.  Except as otherwise provided in this section, an agency of

16-32  a city whose population is [200,000] 300,000 or more that receives revenue

16-33  from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall

16-34  set aside not less than 15 percent of that revenue received on or before

16-35  October 1, 1999, and 18 percent of that revenue received after October 1,

16-36  1999, to increase, improve and preserve the number of dwelling units in the

16-37  community for low-income households.

16-38  2.  The obligation of an agency to set aside not less than 15 percent of

16-39  the revenue from taxes allocated to and received by the agency pursuant to

16-40  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

16-41  existing obligations of the agency. As used in this subsection, “existing

16-42  obligations” means the principal and interest, when due, on any bonds,

16-43  notes or other indebtedness whether funded, refunded, assumed or

16-44  otherwise incurred by the agency before July 1, 1993, to finance or

16-45  refinance in whole or in part, the redevelopment of a redevelopment area.

16-46  For the purposes of this subsection, obligations incurred by an agency after

16-47  July 1, 1993, shall be deemed existing obligations if the net proceeds are

16-48  used to refinance existing obligations of the agency.

17-1    3.  The obligation of an agency to set aside an additional 3 percent of

17-2  the revenue from taxes allocated to and received by the agency pursuant to

17-3  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

17-4  existing obligations of the agency. As used in this subsection, “existing

17-5  obligations” means the principal and interest, when due, on any bonds,

17-6  notes or other indebtedness whether funded, refunded, assumed or

17-7  otherwise incurred by the agency before October 1, 1999, to finance or

17-8  refinance in whole or in part, the redevelopment of a redevelopment area.

17-9  For the purposes of this subsection, obligations incurred by an agency after

17-10  October 1, 1999, shall be deemed existing obligations if the net proceeds

17-11  are used to refinance existing obligations of the agency.

17-12  4.  The agency may expend or otherwise commit money for the

17-13  purposes of subsection 1 outside the boundaries of the redevelopment area.

17-14  Sec. 23.  NRS 283.040 is hereby amended to read as follows:

17-15  283.040  1.  Every office becomes vacant upon the occurring of any of

17-16  the following events before the expiration of the term:

17-17  (a) The death or resignation of the incumbent.

17-18  (b) The removal of the incumbent from office.

17-19  (c) The confirmed insanity of the incumbent, found by a court of

17-20  competent jurisdiction.

17-21  (d) A conviction of the incumbent of any felony or offense involving a

17-22  violation of his official oath or bond or a violation of NRS 241.040,

17-23  293.1755 or 293C.200.

17-24  (e) A refusal or neglect of the person elected or appointed to take the

17-25  oath of office, as prescribed in NRS 282.010, or, when a bond is required

17-26  by law, his refusal or neglect to give the bond within the time prescribed by

17-27  law.

17-28  (f) Except as otherwise provided in NRS 266.400, the ceasing of the

17-29  incumbent to be an actual, as opposed to constructive, resident of the state,

17-30  district, county, city, ward or other unit prescribed by law in which the

17-31  duties of his office are to be exercised, or from which he was elected or

17-32  appointed, or in which he was required to reside to be a candidate for office

17-33  or appointed to office.

17-34  (g) The neglect or refusal of the incumbent to discharge the duties of his

17-35  office for a period of 30 days, except when prevented by sickness or

17-36  absence from the state or county, as provided by law. In a county whose

17-37  population is less than [10,000,] 15,000, after an incumbent, other than a

17-38  state officer, has been prevented by sickness from discharging the duties of

17-39  his office for at least 6 months, the district attorney, either on his own

17-40  volition or at the request of another person, may petition the district court

17-41  to declare the office vacant. If the incumbent holds the office of district

17-42  attorney, the attorney general, either on his own volition or at the request of

17-43  another person, may petition the district court to declare the office vacant.

17-44  The district court shall hold a hearing to determine whether to declare the

17-45  office vacant and, in making its determination, shall consider evidence

17-46  relating to:

17-47     (1) The medical condition of the incumbent;

18-1      (2) The extent to which illness, disease or physical weakness has

18-2  rendered the incumbent unable to manage independently and perform the

18-3  duties of his office; and

18-4      (3) The extent to which the absence of the incumbent has had a

18-5  detrimental effect on the applicable governmental entity.

18-6    (h) The decision of a competent tribunal declaring the election or

18-7  appointment void or the office vacant.

18-8    2.  Upon the happening of any of the events described in subsection 1,

18-9  if the incumbent fails or refuses to relinquish his office, the attorney

18-10  general shall, if the office is a state office or concerns more than one

18-11  county, or the district attorney shall, if the office is a county office or

18-12  concerns territory within one county, commence and prosecute, in a court

18-13  of competent jurisdiction, any proceedings for judgment and decree

18-14  declaring that office vacant.

18-15  Sec. 24.  NRS 289.380 is hereby amended to read as follows:

18-16  289.380  1.  Except as otherwise provided in NRS 289.383, the

18-17  governing body of a city or county may create a review board by ordinance

18-18  to advise the governing body on issues concerning peace officers, school

18-19  police officers, constables and deputies of constables within the city or

18-20  county.

18-21  2.  A review board created pursuant to subsection 1 must consist of:

18-22  (a) In a city whose population is 150,000 or more or a county whose

18-23  population is 100,000 or more, 25 members; and

18-24  (b) In a city whose population is less than 150,000 or a county whose

18-25  population is less than 100,000, 12 members.

18-26  3.  Such a review board must be appointed by the governing body from

18-27  a list of names submitted by interested persons. If an insufficient number of

18-28  names of interested persons [are] is submitted, the governing body shall

18-29  appoint the remaining members in the manner it deems appropriate.

18-30  4.  A person appointed to the review board must:

18-31  (a) Be a resident of the city or county for which the review board was

18-32  created, except no member of the review board may be currently employed

18-33  as a peace officer, school police officer, constable or deputy of a constable.

18-34  (b) Complete training relating to law enforcement before serving as a

18-35  member of the review board, including, without limitation, training in the

18-36  policies and procedures of law enforcement agencies, police of school

18-37  districts and offices of constables, the provisions of NRS 289.010 to

18-38  289.120, inclusive, and the employment contracts of the peace officers,

18-39  school police officers, constables or deputies of constables.

18-40  Sec. 25.  NRS 293.464 is hereby amended to read as follows:

18-41  293.464  1.  If a court of competent jurisdiction orders a county to

18-42  extend the deadline for voting beyond the statutory deadline in a particular

18-43  election, the county clerk shall, as soon as practicable after he receives

18-44  notice of the court’s decision:

18-45  (a) Cause notice of the extended deadline to be published in a

18-46  newspaper of general circulation in the county; and

18-47  (b) Transmit a notice of the extended deadline to each registered voter

18-48  who requested an absent voter’s ballot for the election and has not returned

18-49  the ballot before the date on which the notice will be transmitted.

19-1    2.  The notice required pursuant to paragraph (a) of subsection 1 must

19-2  be published:

19-3    (a) In a county whose population is [30,000] 45,000 or more, on at least

19-4  3 successive days.

19-5    (b) In a county whose population is less than [30,000,] 45,000, at least

19-6  twice in successive issues of the newspaper.

19-7    Sec. 26.  NRS 295.121 is hereby amended to read as follows:

19-8    295.121  1.  In a county whose population is [50,000] 100,000 or

19-9  more, for each initiative, referendum or other question to be placed on the

19-10  ballot by the board or county clerk, including, without limitation, pursuant

19-11  to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with

19-12  the county clerk, pursuant to subsection 2, appoint a committee of six

19-13  persons, three of whom are known to favor approval by the voters of the

19-14  initiative, referendum or other question and three of whom are known to

19-15  oppose approval by the voters of the initiative, referendum or other

19-16  question. A person may serve on more than one committee. Members of

19-17  the committee serve without compensation. The term of office for each

19-18  member commences upon appointment and expires upon the publication of

19-19  the sample ballot containing the initiative, referendum or other question.

19-20  2.  Before the board appoints a committee pursuant to subsection 1, the

19-21  county clerk shall:

19-22  (a) Recommend to the board persons to be appointed to the committee;

19-23  and

19-24  (b) Consider recommending pursuant to paragraph (a):

19-25     (1) Any person who has expressed an interest in serving on the

19-26  committee; and

19-27     (2) A person who is a member of an organization that has expressed

19-28  an interest in having a member of the organization serve on the committee.

19-29  3.  If the board of a county whose population is [50,000] 100,000 or

19-30  more fails to appoint a committee as required by subsection 1, the county

19-31  clerk shall appoint the committee.

19-32  4.  A committee appointed pursuant to this section:

19-33  (a) Shall elect a chairman for the committee;

19-34  (b) Shall meet and conduct its affairs as necessary to fulfill the

19-35  requirements of this section;

19-36  (c) May seek and consider comments from the general public;

19-37  (d) Shall prepare an argument advocating approval by the voters of the

19-38  initiative, referendum or other question, and prepare a rebuttal to that

19-39  argument;

19-40  (e) Shall prepare an argument opposing approval by the voters of the

19-41  initiative, referendum or other question, and prepare a rebuttal to that

19-42  argument; and

19-43  (f) Shall submit the arguments and rebuttals prepared pursuant to

19-44  paragraphs (d) and (e) to the county clerk not later than the date prescribed

19-45  by the county clerk pursuant to subsection 5.

19-46  5.  The county clerk of a county whose population is [50,000] 100,000

19-47  or more shall provide, by rule or regulation:

19-48  (a) The maximum permissible length of an argument or rebuttal

19-49  prepared pursuant to this section; and

20-1    (b) The date by which an argument or rebuttal prepared pursuant to this

20-2  section must be submitted by the committee to the county clerk.

20-3    6.  Upon receipt of an argument or rebuttal prepared pursuant to this

20-4  section, the county clerk shall reject each statement in the argument or

20-5  rebuttal that he believes is libelous or factually inaccurate. Not later than 5

20-6  days after the county clerk rejects a statement pursuant to this subsection,

20-7  the committee may appeal that rejection to the district attorney. The district

20-8  attorney shall review the statement and the reasons for its rejection and

20-9  may receive evidence, documentary or testimonial, to aid him in his

20-10  decision. Not later than 3 business days after the appeal by the committee,

20-11  the district attorney shall issue his decision rejecting or accepting the

20-12  statement. The decision of the district attorney is a final decision for the

20-13  purposes of judicial review.

20-14  7.  The county clerk shall place in the sample ballot provided to the

20-15  registered voters of the county each argument and rebuttal prepared

20-16  pursuant to this section, containing all statements that were not rejected

20-17  pursuant to subsection 6. The county clerk may revise the language

20-18  submitted by the committee so that it is clear, concise and suitable for

20-19  incorporation in the sample ballot, but shall not alter the meaning or effect

20-20  without the consent of the committee.

20-21  8.  In a county whose population is less than [50,000:] 100,000:

20-22  (a) The board may appoint a committee pursuant to subsection 1.

20-23  (b) If the board appoints a committee, the county clerk shall provide for

20-24  rules or regulations pursuant to subsection 5.

20-25  Sec. 27.  NRS 295.217 is hereby amended to read as follows:

20-26  295.217  1.  In a city whose population is [50,000] 60,000 or more, for

20-27  each initiative, referendum or other question to be placed on the ballot by

20-28  the council, including, without limitation, pursuant to NRS 293.482 or

20-29  295.215, the council shall, in consultation with the city clerk, pursuant to

20-30  subsection 2, appoint a committee of six persons, three of whom are known

20-31  to favor approval by the voters of the initiative, referendum or other

20-32  question and three of whom are known to oppose approval by the voters of

20-33  the initiative, referendum or other question. A person may serve on more

20-34  than one committee. Members of the committee serve without

20-35  compensation. The term of office for each member commences upon

20-36  appointment and expires upon the publication of the sample ballot

20-37  containing the initiative, referendum or other question.

20-38  2.  Before the council appoints a committee pursuant to subsection 1,

20-39  the city clerk shall:

20-40  (a) Recommend to the council persons to be appointed to the

20-41  committee; and

20-42  (b) Consider recommending pursuant to paragraph (a):

20-43     (1) Any person who has expressed an interest in serving on the

20-44  committee; and

20-45     (2) A person who is a member of an organization that has expressed

20-46  an interest in having a member of the organization serve on the committee.

20-47  3.  If the council of a city whose population is [50,000] 60,000 or more

20-48  fails to appoint a committee as required by subsection 1, the city clerk shall

20-49  appoint the committee.

21-1    4.  A committee appointed pursuant to this section:

21-2    (a) Shall elect a chairman for the committee;

21-3    (b) Shall meet and conduct its affairs as necessary to fulfill the

21-4  requirements of this section;

21-5    (c) May seek and consider comments from the general public;

21-6    (d) Shall prepare an argument advocating approval by the voters of the

21-7  initiative, referendum or other question, and prepare a rebuttal to that

21-8  argument;

21-9    (e) Shall prepare an argument opposing approval by the voters of the

21-10  initiative, referendum or other question, and prepare a rebuttal to that

21-11  argument; and

21-12  (f) Shall submit the arguments and rebuttals prepared pursuant to

21-13  paragraphs (d) and (e) to the city clerk not later than the date prescribed by

21-14  the city clerk pursuant to subsection 5.

21-15  5.  The city clerk of a city whose population is [50,000] 60,000 or more

21-16  shall provide, by rule or regulation:

21-17  (a) The maximum permissible length of an argument or rebuttal

21-18  prepared pursuant to this section; and

21-19  (b) The date by which an argument or rebuttal prepared pursuant to this

21-20  section must be submitted by the committee to the city clerk.

21-21  6.  Upon receipt of an argument or rebuttal prepared pursuant to this

21-22  section, the city clerk shall reject each statement in the argument or rebuttal

21-23  that he believes is libelous or factually inaccurate. Not later than 5 days

21-24  after the city clerk rejects a statement pursuant to this subsection, the

21-25  committee may appeal that rejection to the city attorney. The city attorney

21-26  shall review the statement and the reasons for its rejection and may receive

21-27  evidence, documentary or testimonial, to aid him in his decision. Not later

21-28  than 3 business days after the appeal by the committee, the city attorney

21-29  shall issue his decision rejecting or accepting the statement. The decision

21-30  of the city attorney is a final decision for the purposes of judicial review.

21-31  7.  The city clerk shall place in the sample ballot provided to the

21-32  registered voters of the city each argument and rebuttal prepared pursuant

21-33  to this section, containing all statements that were not rejected pursuant to

21-34  subsection 6. The city clerk may revise the language submitted by the

21-35  committee so that it is clear, concise and suitable for incorporation in the

21-36  sample ballot, but shall not alter the meaning or effect without the consent

21-37  of the committee.

21-38  8.  In a city whose population is less than [50,000:] 60,000:

21-39  (a) The council may appoint a committee pursuant to subsection 1.

21-40  (b) If the council appoints a committee, the city clerk shall provide for

21-41  rules or regulations pursuant to subsection 5.

21-42  Sec. 28.  NRS 350.002 is hereby amended to read as follows:

21-43  350.002  1.  There is hereby created in each county whose population

21-44  is 400,000 or more, a debt management commission, to be composed of:

21-45  (a) Three representatives of the board of county commissioners from its

21-46  membership;

21-47  (b) One representative of each governing body of the five largest

21-48  incorporated cities in the county from its membership;

22-1    (c) One representative of the board of trustees of the county school

22-2  district from its membership; and

22-3    (d) Two representatives of the public at large.

22-4    2.  There is hereby created in each county whose population is less than

22-5  400,000, a debt management commission, to be composed of one

22-6  representative of the county, one representative of the school district and

22-7  the following additional representatives:

22-8    (a) In each such county which contains more than one incorporated city:

22-9      (1) One representative of the city in which the county seat is located;

22-10     (2) One representative of the other incorporated cities jointly; and

22-11     (3) One representative of the public at large.

22-12  (b) In each such county which contains one incorporated city:

22-13     (1) One representative of the incorporated city; and

22-14     (2) Two representatives of the public at large.

22-15  (c) In each such county which contains no incorporated city, one

22-16  representative of the public at large.

22-17  (d) In each such county which contains one or more general

22-18  improvement districts, one representative of the district or districts jointly

22-19  and one additional representative of the public at large.

22-20  3.  In Carson City, there is hereby created a debt management

22-21  commission, to be composed of one representative of the board of

22-22  supervisors, one representative of the school district and three

22-23  representatives of the public at large. The representative of the board of

22-24  supervisors and the representative of the school district shall select the

22-25  representatives of the public at large and, for that purpose only, constitute a

22-26  quorum of the debt management commission. Members of the commission

22-27  serve for a term of 2 years beginning on January 1, or until their successors

22-28  are chosen.

22-29  4.  Except as otherwise provided in subsection 1, each representative of

22-30  a single local government must be chosen by its governing body. Each

22-31  representative of two or more local governments must be chosen by their

22-32  governing bodies jointly, each governing body having one vote. Each

22-33  representative of the general improvement districts must be chosen by their

22-34  governing bodies jointly, each governing body having one vote. Each

22-35  representative of the public at large must be chosen by the other members

22-36  of the commission from residents of the county, or Carson City, as the case

22-37  may be, who have a knowledge of its financial structure. A tie vote must be

22-38  resolved by lot.

22-39  5.  A person appointed as a member of the commission in a county

22-40  whose population is [50,000] 100,000 or more who is not an elected officer

22-41  or a person appointed to an elective office for an unexpired term must have

22-42  at least 5 years of experience in the field of public administration, public

22-43  accounting or banking.

22-44  6.  A person appointed as a member of the commission shall not have a

22-45  substantial financial interest in the ownership or negotiation of securities

22-46  issued by this state or any of its political subdivisions.

22-47  7.  Except as otherwise provided in this subsection, members of the

22-48  commission or their successors must be chosen in January of each odd-

22-49  numbered year and hold office for a term of 2 years beginning January 1.

23-1  The representatives of incorporated cities must be chosen after elections

23-2  are held in the cities, but before the annual meeting of the commission in

23-3  July. The term of a representative who serves pursuant to paragraph (a), (b)

23-4  or (c) of subsection 1 is coterminous with the term of his elected office,

23-5  unless the public entity that appointed him revokes his appointment.

23-6    8.  Any vacancy must be filled in the same manner as the original

23-7  choice was made for the remainder of the unexpired term.

23-8    Sec. 29.  NRS 350.0033 is hereby amended to read as follows:

23-9    350.0033  1.  The commission in a county whose population is less

23-10  than [30,000] 45,000 may request technical assistance from the department

23-11  of taxation to carry out the duties of the commission. Upon such a request,

23-12  the department of taxation shall provide to that commission such technical

23-13  assistance to the extent that resources are available.

23-14  2.  The board of county commissioners of a county whose population is

23-15  [30,000] 45,000 or more shall provide the commission in that county with

23-16  such staff as is necessary to carry out the duties of the commission. The

23-17  staff provided to the commission pursuant to this subsection shall provide

23-18  such technical assistance to the commission as the commission requires,

23-19  except the staff shall not render an opinion on the merits of any proposal or

23-20  other matter before the commission.

23-21  Sec. 30.  NRS 355.178 is hereby amended to read as follows:

23-22  355.178  1.  The governing body of a city whose population is

23-23  150,000 or more or a county whose population is 100,000 or more may

23-24  lend securities from its investment portfolio if:

23-25  (a) The investment portfolio has a value of at least $100,000,000;

23-26  (b) The treasurer of the city or county:

23-27     (1) Establishes a policy for investment that includes provisions which

23-28  set forth the procedures to be used to lend securities pursuant to this

23-29  section; and

23-30     (2) Submits the policy established pursuant to subparagraph (1) to the

23-31  city or county manager and prepares and submits to the city or county

23-32  manager a monthly report that sets forth the securities that have been lent

23-33  pursuant to this section and any other information relating thereto,

23-34  including, without limitation, the terms of each agreement for the lending

23-35  of those securities; and

23-36  (c) The governing body receives collateral from the borrower in the

23-37  form of cash or marketable securities that are:

23-38     (1) Authorized pursuant to NRS 355.170, if the collateral is in the

23-39  form of marketable securities; and

23-40     (2) At least 102 percent of the value of the securities borrowed.

23-41  2.  The governing body of a city or consolidated municipality whose

23-42  population is [50,000] 60,000 or more but less than [100,000] 150,000 may

23-43  lend securities from its investment portfolio if:

23-44  (a) The investment portfolio has a value of at least $50,000,000;

23-45  (b) The governing body is currently authorized to lend securities

23-46  pursuant to subsection 5;

23-47  (c) The treasurer of the city or consolidated municipality:

24-1      (1) Establishes a policy for investment that includes provisions which

24-2  set forth the procedures to be used to lend securities pursuant to this

24-3  section; and

24-4      (2) Submits the policy established pursuant to subparagraph (1) to the

24-5  manager of the city or consolidated municipality and prepares and submits

24-6  to the manager of the city or consolidated municipality a monthly report

24-7  that sets forth the securities that have been lent pursuant to this section and

24-8  any other information relating thereto, including, without limitation, the

24-9  terms of each agreement for the lending of those securities; and

24-10  (d) The governing body receives collateral from the borrower in the

24-11  form of cash or marketable securities that are:

24-12     (1) Authorized pursuant to NRS 355.170, if the collateral is in the

24-13  form of marketable securities; and

24-14     (2) At least 102 percent of the value of the securities borrowed.

24-15  3.  The governing body of a city, county or consolidated municipality

24-16  may enter into such contracts as are necessary to extend and manage loans

24-17  pursuant to this section.

24-18  4.  Any investments made with collateral received pursuant to

24-19  subsection 1 or 2 must mature not later than 90 days after the date on

24-20  which the securities are lent.

24-21  5.  The governing body of a city or consolidated municipality whose

24-22  population is [50,000] 60,000 or more but less than [100,000] 150,000

24-23  shall not lend securities from its investment portfolio unless it has been

24-24  authorized to do so by the state board of finance. The state board of finance

24-25  shall adopt regulations that establish minimum standards for granting

24-26  authorization pursuant to this subsection. Such an authorization is valid for

24-27  2 years and may be renewed by the state board of finance for additional 2-

24-28  year periods.

24-29  Sec. 31.  NRS 360.750 is hereby amended to read as follows:

24-30  360.750  1.  A person who intends to locate or expand a business in

24-31  this state may apply to the commission on economic development for a

24-32  partial abatement of one or more of the taxes imposed on the new or

24-33  expanded business pursuant to chapter 361, 364A or 374 of NRS.

24-34  2.  The commission on economic development shall approve an

24-35  application for a partial abatement if the commission makes the following

24-36  determinations:

24-37  (a) The business is consistent with:

24-38     (1) The state plan for industrial development and diversification that

24-39  is developed by the commission pursuant to NRS 231.067; and

24-40     (2) Any guidelines adopted pursuant to the state plan.

24-41  (b) The applicant has executed an agreement with the commission

24-42  which states that the business will, after the date on which a certificate of

24-43  eligibility for the abatement is issued pursuant to subsection 5, continue in

24-44  operation in this state for a period specified by the commission, which

24-45  must be at least 5 years, and will continue to meet the eligibility

24-46  requirements set forth in this subsection. The agreement must bind the

24-47  successors in interest of the business for the specified period.

25-1    (c) The business is registered pursuant to the laws of this state or the

25-2  applicant commits to obtain a valid business license and all other permits

25-3  required by the county, city or town in which the business operates.

25-4    (d) Except as otherwise provided in NRS 361.0687, if the business is a

25-5  new business in a county whose population is 100,000 or more or a city

25-6  whose population is [50,000] 60,000 or more, the business meets at least

25-7  two of the following requirements:

25-8      (1) The business will have 75 or more full-time employees on the

25-9  payroll of the business by the fourth quarter that it is in operation.

25-10     (2) Establishing the business will require the business to make a

25-11  capital investment of at least $1,000,000 in this state.

25-12     (3) The average hourly wage that will be paid by the new business to

25-13  its employees in this state is at least 100 percent of the average statewide

25-14  hourly wage as established by the employment security division of the

25-15  department of employment, training and rehabilitation on July 1 of each

25-16  fiscal year and:

25-17         (I) The business will provide a health insurance plan for all

25-18  employees that includes an option for health insurance coverage for

25-19  dependents of the employees; and

25-20         (II) The cost to the business for the benefits the business provides

25-21  to its employees in this state will meet the minimum requirements for

25-22  benefits established by the commission by regulation pursuant to

25-23  subsection 9.

25-24  (e) Except as otherwise provided in NRS 361.0687, if the business is a

25-25  new business in a county whose population is less than 100,000 or a city

25-26  whose population is less than [50,000,] 60,000, the business meets at least

25-27  two of the following requirements:

25-28     (1) The business will have 25 or more full-time employees on the

25-29  payroll of the business by the fourth quarter that it is in operation.

25-30     (2) Establishing the business will require the business to make a

25-31  capital investment of at least $250,000 in this state.

25-32     (3) The average hourly wage that will be paid by the new business to

25-33  its employees in this state is at least 100 percent of the average statewide

25-34  hourly wage as established by the employment security division of the

25-35  department of employment, training and rehabilitation on July 1 of each

25-36  fiscal year and:

25-37         (I) The business will provide a health insurance plan for all

25-38  employees that includes an option for health insurance coverage for

25-39  dependents of the employees; and

25-40         (II) The cost to the business for the benefits the business provides

25-41  to its employees in this state will meet the minimum requirements for

25-42  benefits established by the commission by regulation pursuant to

25-43  subsection 9.

25-44  (f) If the business is an existing business, the business meets at least two

25-45  of the following requirements:

25-46     (1) The business will increase the number of employees on its payroll

25-47  by 10 percent more than it employed in the immediately preceding fiscal

25-48  year or by six employees, whichever is greater.

26-1      (2) The business will expand by making a capital investment in this

26-2  state in an amount equal to at least 20 percent of the value of the tangible

26-3  property possessed by the business in the immediately preceding fiscal

26-4  year. The determination of the value of the tangible property possessed by

26-5  the business in the immediately preceding fiscal year must be made by the:

26-6          (I) County assessor of the county in which the business will

26-7  expand, if the business is locally assessed; or

26-8          (II) Department, if the business is centrally assessed.

26-9      (3) The average hourly wage that will be paid by the existing

26-10  business to its new employees in this state is at least 100 percent of the

26-11  average statewide hourly wage as established by the employment security

26-12  division of the department of employment, training and rehabilitation on

26-13  July 1 of each fiscal year and:

26-14         (I) The business will provide a health insurance plan for all new

26-15  employees that includes an option for health insurance coverage for

26-16  dependents of the employees; and

26-17         (II) The cost to the business for the benefits the business provides

26-18  to its new employees in this state will meet the minimum requirements for

26-19  benefits established by the commission by regulation pursuant to

26-20  subsection 9.

26-21  3.  Notwithstanding the provisions of subsection 2, the commission on

26-22  economic development may:

26-23  (a) Approve an application for a partial abatement by a business that

26-24  does not meet the requirements set forth in paragraph (d), (e) or (f) of

26-25  subsection 2;

26-26  (b) Make the requirements set forth in paragraph (d), (e) or (f) of

26-27  subsection 2 more stringent; or

26-28  (c) Add additional requirements that a business must meet to qualify for

26-29  a partial abatement,

26-30  if the commission determines that such action is necessary.

26-31  4.  If a person submits an application to the commission on economic

26-32  development pursuant to subsection 1, the commission shall provide notice

26-33  to the governing body of the county and the city or town, if any, in which

26-34  the person intends to locate or expand a business. The notice required

26-35  pursuant to this subsection must set forth the date, time and location of the

26-36  hearing at which the commission will consider the application.

26-37  5.  If the commission on economic development approves an

26-38  application for a partial abatement, the commission shall immediately

26-39  forward a certificate of eligibility for the abatement to:

26-40  (a) The department;

26-41  (b) The Nevada tax commission; and

26-42  (c) If the partial abatement is from the property tax imposed pursuant to

26-43  chapter 361 of NRS, the county treasurer.

26-44  6.  An applicant for a partial abatement pursuant to this section or an

26-45  existing business whose partial abatement is in effect shall, upon the

26-46  request of the executive director of the commission on economic

26-47  development, furnish the executive director with copies of all records

26-48  necessary to verify that the applicant meets the requirements of
subsection 2.

27-1    7.  If a business whose partial abatement has been approved pursuant to

27-2  this section and is in effect ceases:

27-3    (a) To meet the requirements set forth in subsection 2; or

27-4    (b) Operation before the time specified in the agreement described in

27-5  paragraph (b) of subsection 2,

27-6  the business shall repay to the department or, if the partial abatement was

27-7  from the property tax imposed pursuant to chapter 361 of NRS, to the

27-8  county treasurer, the amount of the exemption that was allowed pursuant to

27-9  this section before the failure of the business to comply unless the Nevada

27-10  tax commission determines that the business has substantially complied

27-11  with the requirements of this section. Except as otherwise provided in NRS

27-12  360.232 and 360.320, the business shall, in addition to the amount of the

27-13  exemption required to be paid pursuant to this subsection, pay interest on

27-14  the amount due at the rate most recently established pursuant to NRS

27-15  99.040 for each month, or portion thereof, from the last day of the month

27-16  following the period for which the payment would have been made had the

27-17  partial abatement not been approved until the date of payment of the tax.

27-18  8.  A county treasurer:

27-19  (a) Shall deposit any money that he receives pursuant to subsection 7 in

27-20  one or more of the funds established by a local government of the county

27-21  pursuant to NRS 354.611, 354.6113 or 354.6115; and

27-22  (b) May use the money deposited pursuant to paragraph (a) only for the

27-23  purposes authorized by NRS 354.611, 354.6113 and 354.6115.

27-24  9.  The commission on economic development:

27-25  (a) Shall adopt regulations relating to:

27-26     (1) The minimum level of benefits that a business must provide to its

27-27  employees if the business is going to use benefits paid to employees as a

27-28  basis to qualify for a partial abatement; and

27-29     (2) The notice that must be provided pursuant to subsection 4.

27-30  (b) May adopt such other regulations as the commission on economic

27-31  development determines to be necessary to carry out the provisions of this

27-32  section.

27-33  10.  The Nevada tax commission:

27-34  (a) Shall adopt regulations regarding:

27-35     (1) The capital investment that a new business must make to meet the

27-36  requirement set forth in paragraph (d) or (e) of subsection 2; and

27-37     (2) Any security that a business is required to post to qualify for a

27-38  partial abatement pursuant to this section.

27-39  (b) May adopt such other regulations as the Nevada tax commission

27-40  determines to be necessary to carry out the provisions of this section.

27-41  11.  An applicant for an abatement who is aggrieved by a final decision

27-42  of the commission on economic development may petition for judicial

27-43  review in the manner provided in chapter 233B of NRS.

27-44  Sec. 32.  NRS 361.0687 is hereby amended to read as follows:

27-45  361.0687  1.  A person who intends to locate or expand a business in

27-46  this state may, pursuant to NRS 360.750, apply to the commission on

27-47  economic development for a partial abatement from the taxes imposed by

27-48  this chapter.

28-1    2.  For a business to qualify pursuant to NRS 360.750 for a partial

28-2  abatement from the taxes imposed by this chapter, the commission on

28-3  economic development must determine that, in addition to meeting the

28-4  other requirements set forth in subsection 2 of that section:

28-5    (a) If the business is a new business in a county whose population is

28-6  100,000 or more or a city whose population is [50,000] 60,000 or more:

28-7      (1) The business will make a capital investment in the county of at

28-8  least $50,000,000 if the business is an industrial or manufacturing business

28-9  or at least $5,000,000 if the business is not an industrial or manufacturing

28-10  business; and

28-11     (2) The average hourly wage that will be paid by the new business to

28-12  its employees in this state is at least 100 percent of the average statewide

28-13  hourly wage as established by the employment security division of the

28-14  department of employment, training and rehabilitation on July 1 of each

28-15  fiscal year.

28-16  (b) If the business is a new business in a county whose population is

28-17  less than 100,000 or a city whose population is less than [50,000:] 60,000:

28-18     (1) The business will make a capital investment in the county of at

28-19  least $5,000,000 if the business is an industrial or manufacturing business

28-20  or at least $500,000 if the business is not an industrial or manufacturing

28-21  business; and

28-22     (2) The average hourly wage that will be paid by the new business to

28-23  its employees in this state is at least 100 percent of the average statewide

28-24  hourly wage as established by the employment security division of the

28-25  department of employment, training and rehabilitation on July 1 of each

28-26  fiscal year.

28-27  3.  If a partial abatement from the taxes imposed by this chapter is

28-28  approved by the commission on economic development pursuant to NRS

28-29  360.750:

28-30  (a) The partial abatement must:

28-31     (1) Be for a duration of at least 1 year but not more than 10 years;

28-32     (2) Not exceed 50 percent of the taxes payable by a business each

28-33  year pursuant to this chapter; and

28-34     (3) Be administered and carried out in the manner set forth in NRS

28-35  360.750.

28-36  (b) The executive director of the commission on economic development

28-37  shall notify the county assessor of the county in which the business is

28-38  located of the approval of the partial abatement, including, without

28-39  limitation, the duration and percentage of the partial abatement that the

28-40  commission granted. The executive director shall, on or before April 15 of

28-41  each year, advise the county assessor of each county in which a business

28-42  qualifies for a partial abatement during the current fiscal year as to whether

28-43  the business is still eligible for the partial abatement in the next succeeding

28-44  fiscal year.

28-45  Sec. 33.  NRS 361.340 is hereby amended to read as follows:

28-46  361.340  1.  Except as otherwise provided in subsection 2, the board

28-47  of equalization of each county consists of:

28-48  (a) Five members, only two of whom may be elected public officers, in

28-49  counties having a population of [10,000] 15,000 or more; and

29-1    (b) Three members, only one of whom may be an elected public officer,

29-2  in counties having a population of less than [10,000.] 15,000.

29-3    2.  The board of county commissioners may by resolution provide for

29-4  an additional panel of like composition to be added to the board of

29-5  equalization to serve for a designated fiscal year. The board of county

29-6  commissioners may also appoint alternate members to either panel.

29-7    3.  A district attorney, county treasurer or county assessor or any of

29-8  their deputies or employees may not be appointed to the county board of

29-9  equalization.

29-10  4.  The chairman of the board of county commissioners shall nominate

29-11  persons to serve on the county board of equalization who are sufficiently

29-12  experienced in business generally to be able to bring knowledge and sound

29-13  judgment to the deliberations of the board or who are elected public

29-14  officers. The nominees must be appointed upon a majority vote of the

29-15  board of county commissioners. The chairman of the board of county

29-16  commissioners shall designate one of the appointees to serve as chairman

29-17  of the county board of equalization.

29-18  5.  Except as otherwise provided in this subsection, the term of each

29-19  member is 4 years and any vacancy must be filled by appointment for the

29-20  unexpired term. The term of any elected public officer expires upon the

29-21  expiration of the term of his elected office.

29-22  6.  The county clerk or his designated deputy is the clerk of each panel

29-23  of the county board of equalization.

29-24  7.  Any member of the county board of equalization may be removed

29-25  by the board of county commissioners if, in its opinion, the member is

29-26  guilty of malfeasance in office or neglect of duty.

29-27  8.  The members of the county board of equalization are entitled to

29-28  receive per diem allowance and travel expenses as provided for state

29-29  officers and employees. The board of county commissioners of any county

29-30  may by resolution provide for compensation to members of the board of

29-31  equalization in their county who are not elected public officers as they

29-32  deem adequate for time actually spent on the work of the board of

29-33  equalization. In no event may the rate of compensation established by a

29-34  board of county commissioners exceed $40 per day.

29-35  9.  A majority of the members of the county board of equalization

29-36  constitutes a quorum, and a majority of the board determines the action of

29-37  the board.

29-38  10.  The county board of equalization of each county shall hold such

29-39  number of meetings as may be necessary to care for the business of

29-40  equalization presented to it. Every appeal to the county board of

29-41  equalization must be filed not later than January 15. Each county board

29-42  shall cause to be published, in a newspaper of general circulation published

29-43  in that county, a schedule of dates, times and places of the board meetings

29-44  at least 5 days before the first meeting. The county board of equalization

29-45  shall conclude the business of equalization on or before February 28 of

29-46  each year except as to matters remanded by the state board of equalization.

29-47  The state board of equalization may establish procedures for the county

29-48  boards, including setting the period for hearing appeals and for setting

29-49  aside time to allow the county board to review and make final

30-1  determinations. The district attorney or his deputy shall be present at all

30-2  meetings of the county board of equalization to explain the law and the

30-3  board’s authority.

30-4    11.  The county assessor or his deputy shall attend all meetings of each

30-5  panel of the county board of equalization.

30-6    Sec. 34.  NRS 361.453 is hereby amended to read as follows:

30-7    361.453  1.  Except as otherwise provided in this section and NRS

30-8  354.705, 354.723 and 450.760, the total ad valorem tax levy for all public

30-9  purposes must not exceed $3.64 on each $100 of assessed valuation, or a

30-10  lesser or greater amount fixed by the state board of examiners if the state

30-11  board of examiners is directed by law to fix a lesser or greater amount for

30-12  that fiscal year.

30-13  2.  Any levy imposed by the legislature for the repayment of bonded

30-14  indebtedness or the operating expenses of the State of Nevada and any levy

30-15  imposed by the board of county commissioners pursuant to NRS 387.195

30-16  that is in excess of 50 cents on each $100 of assessed valuation of taxable

30-17  property within the county must not be included in calculating the

30-18  limitation set forth in subsection 1 on the total ad valorem tax levied within

30-19  the boundaries of the county, city or unincorporated town, if, in a county

30-20  whose population is [25,000] 40,000 or less, or in a city or unincorporated

30-21  town located within that county:

30-22  (a) The combined tax rate certified by the Nevada tax commission was

30-23  at least $3.50 on each $100 of assessed valuation on June 25, 1998;

30-24  (b) The governing body of that county, city or unincorporated town

30-25  proposes to its registered voters an additional levy ad valorem above the

30-26  total ad valorem tax levy for all public purposes set forth in subsection 1;

30-27  (c) The proposal specifies the amount of money to be derived, the

30-28  purpose for which it is to be expended and the duration of the levy; and

30-29  (d) The proposal is approved by a majority of the voters voting on the

30-30  question at a general election or a special election called for that purpose.

30-31  3.  The duration of the additional levy ad valorem levied pursuant to

30-32  subsection 2 must not exceed 5 years. The governing body of the county,

30-33  city or unincorporated town may discontinue the levy before it expires and

30-34  may not thereafter reimpose it in whole or in part without following the

30-35  procedure required for its original imposition set forth in subsection 2.

30-36  4.  A special election may be held pursuant to subsection 2 only if the

30-37  governing body of the county, city or unincorporated town determines, by

30-38  a unanimous vote, that an emergency exists. The determination made by

30-39  the governing body is conclusive unless it is shown that the governing

30-40  body acted with fraud or a gross abuse of discretion. An action to challenge

30-41  the determination made by the governing body must be commenced within

30-42  15 days after the governing body’s determination is final. As used in this

30-43  subsection, “emergency” means any unexpected occurrence or combination

30-44  of occurrences which requires immediate action by the governing body of

30-45  the county, city or unincorporated town to prevent or mitigate a substantial

30-46  financial loss to the county, city or unincorporated town or to enable the

30-47  governing body to provide an essential service to the residents of the

30-48  county, city or unincorporated town.

 

31-1    Sec. 35.  NRS 371.107 is hereby amended to read as follows:

31-2    371.107  The county assessor of each county whose population is

31-3  [35,000] 50,000 or more is designated as an agent to assist the department

31-4  in administering the exemptions provided in this chapter, and shall, after

31-5  establishing the validity of an application for an exemption, issue a

31-6  certificate for use by the department to allow a claimant the appropriate

31-7  exemption on his vehicle.

31-8    Sec. 36.  NRS 371.125 is hereby amended to read as follows:

31-9    371.125  The county assessor of each county whose population is less

31-10  than [35,000] 50,000 is designated as agent to assist in the collection of the

31-11  tax required to be levied under this chapter. The county assessor of each

31-12  county is designated as agent to assist the department in administering the

31-13  exemptions provided in this chapter.

31-14  Sec. 37.  NRS 373.028 is hereby amended to read as follows:

31-15  373.028  “Project” means:

31-16  1.  In a county whose population is [35,000] 50,000 or more, street and

31-17  highway construction, including, without limitation, the acquisition and

31-18  improvement of any street, avenue, boulevard, alley, highway or other

31-19  public right of way used for any vehicular traffic, and including a sidewalk

31-20  designed primarily for use by pedestrians, and also, including, without

31-21  limitation, grades, regrades, gravel, oiling, surfacing, macadamizing,

31-22  paving, crosswalks, sidewalks, pedestrian rights of way, driveway

31-23  approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,

31-24  manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,

31-25  underpasses, approaches, sprinkling facilities, artificial lights and lighting

31-26  equipment, parkways, grade separators, traffic separators, and traffic

31-27  control equipment, and all appurtenances and incidentals, or any

31-28  combination thereof, including, without limitation, the acquisition and

31-29  improvement of all types of property therefor.

31-30  2.  In a county whose population is less than [35,000,] 50,000, street

31-31  and highway construction, maintenance or repair, or any combination

31-32  thereof, including, without limitation, the acquisition, maintenance, repair

31-33  and improvement of any street, avenue, boulevard, alley, highway or other

31-34  public right of way used for any vehicular traffic, and including a sidewalk

31-35  designed primarily for use by pedestrians, and also, including, without

31-36  limitation, grades, regrades, gravel, oiling, surfacing, macadamizing,

31-37  paving, crosswalks, sidewalks, pedestrian rights of way, driveway

31-38  approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,

31-39  manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,

31-40  underpasses, approaches, sprinkling facilities, artificial lights and lighting

31-41  equipment, parkways, grade separators, traffic separators, and traffic

31-42  control equipment, and all appurtenances and incidentals, or any

31-43  combination thereof, including, without limitation, the acquisition,

31-44  maintenance, repair and improvement of all types of property therefor.

31-45  Sec. 38.  NRS 379.050 is hereby amended to read as follows:

31-46  379.050  1.  Whenever a new county library is provided for in any

31-47  county whose population is [25,000] 40,000 or more, the trustees of any

31-48  district library in the county previously established may transfer all books,

32-1  funds, equipment or other property in the possession of such trustees to the

32-2  new library upon the demand of the trustees of the new library.

32-3    2.  Whenever there are two or more county library districts in any

32-4  county whose population is [25,000] 40,000 or more, the districts may

32-5  merge into one county library district upon approval of the library trustees

32-6  of the merging districts.

32-7    3.  Whenever there is a city or a town library located adjacent to a

32-8  county library district, the city or town library may:

32-9    (a) Merge with the county library district upon approval of the trustees

32-10  of the merging library and district; or

32-11  (b) Subject to the limitations in NRS 379.0221, consolidate with the

32-12  county library district.

32-13  4.  All expenses incurred in making a transfer or merger must be paid

32-14  out of the general fund of the new library.

32-15  Sec. 39.  NRS 380.010 is hereby amended to read as follows:

32-16  380.010  1.  The board of county commissioners of any county may

32-17  establish by ordinance a law library to be governed and managed by a

32-18  board of law library trustees in accordance with the provisions of this

32-19  chapter.

32-20  2.  The board of county commissioners of any county whose population

32-21  is less than [35,000] 50,000 may establish by ordinance a law library to be

32-22  governed and managed as prescribed by the board of county

32-23  commissioners of that county. The board of county commissioners of any

32-24  county whose population is less than [35,000] 50,000 may exercise or

32-25  delegate the exercise of any power granted to a board of law library

32-26  trustees under this chapter.

32-27  3.  Any law library established pursuant to subsection 2 is subject to the

32-28  provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

32-29  Sec. 40.  NRS 387.331 is hereby amended to read as follows:

32-30  387.331  1.  The tax on residential construction authorized by this

32-31  section is a specified amount which must be the same for each:

32-32  (a) Lot for a mobile home;

32-33  (b) Residential dwelling unit; and

32-34  (c) Suite in an apartment house,

32-35  imposed on the privilege of constructing apartment houses and residential

32-36  dwelling units and developing lots for mobile homes.

32-37  2.  The board of trustees of any school district whose population is less

32-38  than [40,000] 50,000 may request that the board of county commissioners

32-39  of the county in which the school district is located impose a tax on

32-40  residential construction in the school district to construct, remodel and

32-41  make additions to school buildings. Whenever the board of trustees takes

32-42  that action it shall notify the board of county commissioners and shall

32-43  specify the areas of the county to be served by the buildings to be erected

32-44  or enlarged.

32-45  3.  If the board of county commissioners decides that the tax should be

32-46  imposed, it shall notify the Nevada tax commission. If the commission

32-47  approves, the board of county commissioners may then impose the tax,

32-48  whose specified amount must not exceed $1,600.

33-1    4.  The board shall collect the tax so imposed, in the areas of the county

33-2  to which it applies, and may require that administrative costs, not to exceed

33-3  1 percent, be paid from the amount collected.

33-4    5.  The money collected must be deposited with the county treasurer in

33-5  the school district’s fund for capital projects to be held and expended in the

33-6  same manner as other money deposited in that fund.

33-7    Sec. 41.  NRS 396.892 is hereby amended to read as follows:

33-8    396.892  1.  Each student who receives a loan made pursuant to NRS

33-9  396.890 to 396.898, inclusive, shall repay the loan and accrued interest

33-10  pursuant to the terms of the loan unless:

33-11  (a) He practices nursing in a rural area of Nevada or as an employee of

33-12  the state for 6 months for each academic year for which he received a loan;

33-13  or

33-14  (b) He practices nursing in any other area of Nevada for 1 year for each

33-15  academic year for which he received a loan.

33-16  2.  The board of regents may adopt regulations:

33-17  (a) Extending the time for completing the required practice beyond 5

33-18  years for persons who are granted extensions because of hardship; and

33-19  (b) Granting prorated credit towards repayment of a loan for time a

33-20  person practices nursing as required, for cases in which the period for

33-21  required practice is only partially completed,

33-22  and such other regulations as are necessary to carry out the provisions of

33-23  NRS 396.890 to 396.898, inclusive.

33-24  3.  As used in this section, “practices nursing in a rural area” means

33-25  that the person practices nursing in an area located in a county whose

33-26  population is less than [30,000] 45,000 at least half of the total time the

33-27  person spends in the practice of nursing, and not less than 20 hours per

33-28  week.

33-29  Sec. 42.  NRS 439B.420 is hereby amended to read as follows:

33-30  439B.420  1.  A hospital or related entity shall not establish a rental

33-31  agreement with a physician or entity that employs physicians that requires

33-32  any portion of his medical practice to be referred to the hospital or related

33-33  entity.

33-34  2.  The rent required of a physician or entity which employs physicians

33-35  by a hospital or related entity must not be less than 75 percent of the rent

33-36  for comparable office space leased to another physician or other lessee in

33-37  the building, or in a comparable building owned by the hospital or entity.

33-38  3.  A hospital or related entity shall not pay any portion of the rent of a

33-39  physician or entity which employs physicians within facilities not owned or

33-40  operated by the hospital or related entity, unless the resulting rent is no

33-41  lower than the highest rent for which the hospital or related entity rents

33-42  comparable office space to other physicians.

33-43  4.  A health facility shall not offer any provider of medical care any

33-44  financial inducement, excluding rental agreements subject to the provisions

33-45  of subsection 2 or 3, whether in the form of immediate, delayed, direct or

33-46  indirect payment to induce the referral of a patient or group of patients to

33-47  the health facility. This subsection does not prohibit bona fide gifts under

33-48  $100, or reasonable promotional food or entertainment.

34-1    5.  The provisions of subsections 1 to 4, inclusive, do not apply to

34-2  hospitals in a county whose population is less than [35,000.] 50,000.

34-3    6.  A hospital, if acting as a billing agent for a medical practitioner

34-4  performing services in the hospital, shall not add any charges to the

34-5  practitioner’s bill for services other than a charge related to the cost of

34-6  processing the billing.

34-7    7.  A hospital or related entity shall not offer any financial inducement

34-8  to an officer, employee or agent of an insurer, a person acting as an insurer

34-9  or self- insurer or a related entity. A person shall not accept such offers.

34-10  This subsection does not prohibit bona fide gifts of under $100 in value, or

34-11  reasonable promotional food or entertainment.

34-12  8.  A hospital or related entity shall not sell goods or services to a

34-13  physician unless the costs for such goods and services are at least equal to

34-14  the cost for which the hospital or related entity pays for the goods and

34-15  services.

34-16  9.  Except as otherwise provided in this subsection, a practitioner or

34-17  health facility shall not refer a patient to a health facility or service in

34-18  which the referring party has a financial interest unless the referring party

34-19  first discloses the interest to the patient. This subsection does not apply to

34-20  practitioners subject to the provisions of NRS 439B.425.

34-21  10.  The director may, at reasonable intervals, require a hospital or

34-22  related entity or other party to an agreement to submit copies of operative

34-23  contracts subject to the provisions of this section after notification by

34-24  registered mail. The contracts must be submitted within 30 days after

34-25  receipt of the notice. Contracts submitted pursuant to this subsection are

34-26  confidential, except in cases in which an action is brought pursuant to

34-27  subsection 11.

34-28  11.  A person who willfully violates any provision of this section is

34-29  liable to the State of Nevada for:

34-30  (a) A civil penalty in an amount of not more than $5,000 per

34-31  occurrence, or 100 percent of the value of the illegal transaction, whichever

34-32  is greater.

34-33  (b) Any reasonable expenses incurred by the state in enforcing this

34-34  section.

34-35  Any money recovered pursuant to this subsection as a civil penalty must be

34-36  deposited in a separate account in the state general fund and used for

34-37  projects intended to benefit the residents of this state with regard to health

34-38  care. Money in the account may only be withdrawn by act of the

34-39  legislature.

34-40  12.  As used in this section, “related entity” means an affiliated person

34-41  or subsidiary as those terms are defined in NRS 439B.430.

34-42  Sec. 43.  NRS 444A.040 is hereby amended to read as follows:

34-43  444A.040  1.  The board of county commissioners in a county whose

34-44  population is [more than 100,000,] 100,000 or more, or its designee, shall

34-45  make available for use in that county a program for:

34-46  (a) The separation at the source of recyclable material from other solid

34-47  waste originating from the residential premises and public buildings where

34-48  services for the collection of solid waste are provided.

35-1    (b) The establishment of recycling centers for the collection and

35-2  disposal of recyclable material where existing recycling centers do not

35-3  carry out the purposes of the program.

35-4    (c) The disposal of hazardous household products which are capable of

35-5  causing harmful physical effects if inhaled, absorbed or ingested. This

35-6  program may be included as a part of any other program made available

35-7  pursuant to this subsection.

35-8    2.  The board of county commissioners of a county whose population is

35-9  [more than 25,000 but not more than 100,000,] 40,000 or more but less

35-10  than 100,000, or its designee:

35-11  (a) May make available for use in that county a program for the

35-12  separation at the source of recyclable material from other solid waste

35-13  originating from the residential premises and public buildings where

35-14  services for the collection of solid waste are provided.

35-15  (b) Shall make available for use in that county a program for:

35-16     (1) The establishment of recycling centers for the collection and

35-17  disposal of recyclable material where existing recycling centers do not

35-18  carry out the purposes of the program established pursuant to paragraph

35-19  (a).

35-20     (2) The disposal of hazardous household products which are capable

35-21  of causing harmful physical effects if inhaled, absorbed or ingested. This

35-22  program may be included as a part of any other program made available

35-23  pursuant to this subsection.

35-24  3.  The board of county commissioners of a county whose population is

35-25  [not more than 25,000,] less than 40,000, or its designee, may make

35-26  available for use in that county a program for:

35-27  (a) The separation at the source of recyclable material from other solid

35-28  waste originating from the residential premises and public buildings where

35-29  services for the collection of solid waste are provided.

35-30  (b) The establishment of recycling centers for the collection and

35-31  disposal of recyclable material where existing recycling centers do not

35-32  carry out the purposes of the program.

35-33  (c) The disposal of hazardous household products which are capable of

35-34  causing harmful physical effects if inhaled, absorbed or ingested. This

35-35  program may be included as a part of any other program made available

35-36  pursuant to this subsection.

35-37  4.  Any program made available pursuant to this section:

35-38  (a) Must not:

35-39     (1) Conflict with the standards adopted by the state environmental

35-40  commission pursuant to NRS 444A.020; and

35-41     (2) Become effective until approved by the department.

35-42  (b) May be based on the model plans adopted pursuant to NRS

35-43  444A.030.

35-44  5.  The governing body of a municipality may adopt and carry out

35-45  within the municipality such programs made available pursuant to this

35-46  section as are deemed necessary and appropriate for that municipality.

35-47  6.  Any municipality may, with the approval of the governing body of

35-48  an adjoining municipality, participate in any program adopted by the

35-49  adjoining municipality pursuant to subsection 5.

36-1    7.  Persons residing on an Indian reservation or Indian colony may

36-2  participate in any program adopted pursuant to subsection 5 by a

36-3  municipality in which the reservation or colony is located if the governing

36-4  body of the reservation or colony adopts an ordinance requesting such

36-5  participation. Upon receipt of such a request, the governing body of the

36-6  municipality shall make available to the residents of the reservation or

36-7  colony those programs requested.

36-8    Sec. 44.  NRS 445A.500 is hereby amended to read as follows:

36-9    445A.500  1.  Each permit issued by the department must ensure

36-10  compliance with the following factors whenever applicable to the

36-11  discharge or the injection of fluids through a well for which the permit is

36-12  sought:

36-13  (a) Effluent limitations;

36-14  (b) Standards of performance for new sources;

36-15  (c) Standards for pretreatment;

36-16  (d) Standards for injections of fluids through a well; and

36-17  (e) Any more stringent limitations, including any necessary to meet or

36-18  effectuate standards of water quality, standards of treatment or schedules of

36-19  compliance developed by the department as part of a continuing planning

36-20  process or areawide plan for the management of the treatment of waste

36-21  under NRS 445A.580 or in furthering the purposes and goals of NRS

36-22  445A.300 to 445A.730, inclusive.

36-23  2.  Each permit must specify average and maximum daily or other

36-24  appropriate quantitative limitations for the level of pollutants or

36-25  contaminants in the authorized discharge or injection.

36-26  3.  If an application is made to discharge from a point source into any

36-27  waters of this state which flow directly or ultimately into an irrigation

36-28  reservoir upstream from which are located urban areas in two or more

36-29  counties and if each county has a population of [35,000] 50,000 or more,

36-30  the department must give notice of the application to each city, county,

36-31  unincorporated town and irrigation district located downstream from the

36-32  point of discharge. Notice to an unincorporated town must be given to the

36-33  town board or advisory council if there is one.

36-34  Sec. 45.  NRS 445A.590 is hereby amended to read as follows:

36-35  445A.590  1.  The department shall notify each interested person and

36-36  appropriate governmental agency of each complete application for a

36-37  permit, and shall provide them an opportunity to submit their written views

36-38  and recommendations thereon. The provisions of this subsection do not

36-39  apply to an application for a temporary permit issued pursuant to NRS

36-40  445A.485.

36-41  2.  Notification must be in the manner provided in the regulations

36-42  adopted by the commission pursuant to applicable federal law.

36-43  3.  If the treatment works are to discharge into any waters of this state

36-44  which flow directly or ultimately into an irrigation reservoir upstream from

36-45  which are located urban areas in two or more counties and if each county

36-46  has a population of [35,000] 50,000 or more, the department must include

36-47  in its notification each city, county, unincorporated town and irrigation

36-48  district located downstream from the point of discharge. Notice to an

37-1  unincorporated town must be given to the town board or advisory council if

37-2  there is one.

37-3    Sec. 46.  NRS 449.0177 is hereby amended to read as follows:

37-4    449.0177  “Rural hospital” means a hospital with 85 or fewer beds

37-5  which is:

37-6    1.  The sole institutional provider of health care located within a county

37-7  whose population is less than 100,000;

37-8    2.  The sole institutional provider of health care located within a city

37-9  whose population is less than [20,000;] 25,000; or

37-10  3.  Maintained and governed pursuant to NRS 450.550 to 450.750,

37-11  inclusive.

37-12  Sec. 47.  NRS 459.558 is hereby amended to read as follows:

37-13  459.558  1.  The provisions of NRS 459.560 and 459.565 that concern

37-14  hazardous substances do not apply:

37-15  (a) In a county whose population is less than [40,000;] 50,000;

37-16  (b) To mining or agricultural activities; or

37-17  (c) To other facilities or locations where the quantity of any one

37-18  hazardous substance at any one facility or location does not exceed 1,000

37-19  kilograms at any time.

37-20  2.  All other provisions of NRS 459.560 and 459.565, including the

37-21  provisions concerning hazardous waste, apply to all counties and all

37-22  industries without regard to volume.

37-23  Sec. 48.  NRS 477.030 is hereby amended to read as follows:

37-24  477.030  1.  Except as otherwise provided in this section, the state fire

37-25  marshal shall enforce all laws and adopt regulations relating to:

37-26  (a) The prevention of fire.

37-27  (b) The storage and use of:

37-28     (1) Combustibles, flammables and fireworks; and

37-29     (2) Explosives in any commercial construction, but not in mining or

37-30  the control of avalanches,

37-31  under those circumstances that are not otherwise regulated by the division

37-32  of industrial relations of the department of business and industry pursuant

37-33  to NRS 618.890.

37-34  (c) The safety, access, means and adequacy of exit in case of fire from

37-35  mental and penal institutions, facilities for the care of children, foster

37-36  homes, residential facilities for groups, facilities for intermediate care,

37-37  nursing homes, hospitals, schools, all buildings, except private residences,

37-38  which are occupied for sleeping purposes, buildings used for public

37-39  assembly and all other buildings where large numbers of persons work, live

37-40  or congregate for any purpose. As used in this paragraph, “public

37-41  assembly” means a building or a portion of a building used for the

37-42  gathering together of 50 or more persons for purposes of deliberation,

37-43  education, instruction, worship, entertainment, amusement or awaiting

37-44  transportation, or the gathering together of 100 or more persons in

37-45  establishments for drinking or dining.

37-46  (d) The suppression and punishment of arson and fraudulent claims or

37-47  practices in connection with fire losses.

37-48  The regulations of the state fire marshal apply throughout the state, but,

37-49  except with respect to state-owned or state-occupied buildings, his

38-1  authority to enforce them or conduct investigations under this chapter does

38-2  not extend to a county whose population is [50,000] 100,000 or more or

38-3  which has been converted into a consolidated municipality, except in those

38-4  local jurisdictions in those counties where he is requested to exercise that

38-5  authority by the chief officer of the organized fire department of that

38-6  jurisdiction.

38-7    2.  The state fire marshal may set standards for equipment and

38-8  appliances pertaining to fire safety or to be used for fire protection within

38-9  this state, including the threads used on fire hose couplings and hydrant

38-10  fittings.

38-11  3.  The state fire marshal shall cooperate with the state forester

38-12  firewarden in the preparation of regulations relating to standards for fire

38-13  retardant roofing materials pursuant to paragraph (e) of subsection 1 of

38-14  NRS 472.040.

38-15  4.  The state fire marshal shall cooperate with the division of child and

38-16  family services of the department of human resources in establishing

38-17  reasonable minimum standards for overseeing the safety of and directing

38-18  the means and adequacy of exit in case of fire from family foster homes

38-19  and group foster homes.

38-20  5.  The state fire marshal shall coordinate all activities conducted

38-21  pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money

38-22  allocated by the United States pursuant to that act.

38-23  6.  Except as otherwise provided in subsection 10, the state fire marshal

38-24  shall:

38-25  (a) Investigate any fire which occurs in a county other than one whose

38-26  population is [50,000] 100,000 or more or which has been converted into a

38-27  consolidated municipality, and from which a death results or which is of a

38-28  suspicious nature.

38-29  (b) Investigate any fire which occurs in a county whose population is

38-30  [50,000] 100,000 or more or which has been converted into a consolidated

38-31  municipality, and from which a death results or which is of a suspicious

38-32  nature, if requested to do so by the chief officer of the fire department in

38-33  whose jurisdiction the fire occurs.

38-34  (c) Cooperate with the commissioner of insurance in any investigation

38-35  of a fraudulent claim under an insurance policy for any fire of a suspicious

38-36  nature.

38-37  (d) Cooperate with any local fire department in the investigation of any

38-38  report received pursuant to NRS 629.045.

38-39  (e) Provide specialized training in investigating the causes of fires if

38-40  requested to do so by the chief officer of an organized fire department.

38-41  7.  The state fire marshal shall put the National Fire Incident Reporting

38-42  System into effect throughout the state and publish at least annually a

38-43  summary of data collected under the system.

38-44  8.  The state fire marshal shall provide assistance and materials to local

38-45  authorities, upon request, for the establishment of programs for public

38-46  education and other fire prevention activities.

38-47  9.  The state fire marshal shall:

38-48  (a) Assist in checking plans and specifications for construction;

38-49  (b) Provide specialized training to local fire departments; and

39-1    (c) Assist local governments in drafting regulations and ordinances,

39-2  on request or as he deems necessary.

39-3    10.  In a county other than one whose population is [50,000] 100,000 or

39-4  more or which has been converted into a consolidated municipality, the

39-5  state fire marshal shall, upon request by a local government, delegate to the

39-6  local government by interlocal agreement all or a portion of his authority or

39-7  duties if the local government’s personnel and programs are, as determined

39-8  by the state fire marshal, equally qualified to perform those functions. If a

39-9  local government fails to maintain the qualified personnel and programs in

39-10  accordance with such an agreement, the state fire marshal shall revoke the

39-11  agreement.

39-12  Sec. 49.  NRS 477.100 is hereby amended to read as follows:

39-13  477.100  As used in NRS 477.110 to 477.170, inclusive, unless the

39-14  context otherwise requires, “authority” means:

39-15  1.  The state fire marshal in a county other than one whose population

39-16  is [50,000] 100,000 or more or which has been converted into a

39-17  consolidated municipality;

39-18  2.  Unless the county has enacted an ordinance designating the persons

39-19  who constitute the authority, the chief building official and chief officer of

39-20  the fire service of the jurisdiction in a county whose population is [50,000]

39-21  100,000 or more or which has been converted into a consolidated

39-22  municipality, and if they are unable to agree on any question, “authority”

39-23  includes the county manager or city manager, who shall cast the deciding

39-24  vote on that question; or

39-25  3.  If the board of county commissioners of a county whose population

39-26  is [50,000] 100,000 or more or which has been converted into a

39-27  consolidated municipality, or the governing body of a city in that county,

39-28  has specified a person or persons to act as the authority, that person or

39-29  those persons.

39-30  Sec. 50.  NRS 482.225 is hereby amended to read as follows:

39-31  482.225  1.  When application is made to the department for

39-32  registration of a vehicle purchased in this state from a person other than a

39-33  retailer required to be registered with the department of taxation or of a

39-34  vehicle purchased outside this state and not previously registered within

39-35  this state where the registrant or owner at the time of purchase was not a

39-36  resident of or employed in this state, the department or its agent shall

39-37  determine and collect any sales or use tax due and shall remit the tax to the

39-38  department of taxation except as otherwise provided in NRS 482.260.

39-39  2.  If the registrant or owner of the vehicle was a resident of the state,

39-40  or employed within the state, at the time of the purchase of that vehicle, it

39-41  is presumed that the vehicle was purchased for use within the state and the

39-42  representative or agent of the department of taxation shall collect the tax

39-43  and remit it to the department of taxation.

39-44  3.  Until all applicable taxes and fees are collected, the department shall

39-45  refuse to register the vehicle.

39-46  4.  In any county whose population is less than [35,000,] 50,000, the

39-47  department shall designate the county assessor as the agent of the

39-48  department for the collection of any sales or use tax.

40-1    5.  If the registrant or owner desires to refute the presumption stated in

40-2  subsection 2 that he purchased the vehicle for use in this state, he must pay

40-3  the tax to the department and then may submit his claim for exemption in

40-4  writing, signed by him or his authorized representative, to the department

40-5  together with his claim for refund of tax erroneously or illegally collected.

40-6    6.  If the department finds that the tax has been erroneously or illegally

40-7  collected, the tax must be refunded.

40-8    Sec. 51.  NRS 483.250 is hereby amended to read as follows:

40-9    483.250  The department shall not issue any license under the

40-10  provisions of NRS 483.010 to 483.630, inclusive:

40-11  1.  To any person who is under the age of 18 years, except that the

40-12  department may issue:

40-13  (a) A restricted license to a person between the ages of 14 and 18 years

40-14  pursuant to the provisions of NRS 483.267 and 483.270.

40-15  (b) An instruction permit to a person who is at least 15 1/2 years of age

40-16  pursuant to the provisions of subsection 1 of NRS 483.280.

40-17  (c) A restricted instruction permit to a person under the age of 18 years

40-18  pursuant to the provisions of subsection 3 of NRS 483.280.

40-19  (d) Except as otherwise provided in paragraph (e), a license to a person

40-20  between the ages of 16 and 18 years who has completed a course:

40-21     (1) In automobile driver education pursuant to NRS 389.090; or

40-22     (2) Provided by a school for training drivers licensed pursuant to

40-23  NRS 483.700 to 483.780, inclusive, if the course complies with the

40-24  applicable regulations governing the establishment, conduct and scope of

40-25  automobile driver education adopted by the state board of education

40-26  pursuant to NRS 389.090,

40-27  and who has at least 50 hours of experience in driving a motor vehicle with

40-28  a restricted license, instruction permit or restricted instruction permit issued

40-29  pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

40-30  guardian of a person who desires to obtain a license pursuant to this

40-31  paragraph must sign and submit to the department a form provided by the

40-32  department which attests that the person who desires a license has

40-33  completed the training and experience required by this paragraph.

40-34  (e) A license to a person who is between the ages of 16 and 18 years if:

40-35     (1) The public school in which he is enrolled is located in a county

40-36  whose population is less than [35,000] 50,000 or in a city or town whose

40-37  population is less than 25,000;

40-38     (2) The public school does not offer automobile driver education;

40-39     (3) He has at least 50 hours of experience in driving a motor vehicle

40-40  with a restricted license, instruction permit or restricted instruction permit

40-41  issued pursuant to NRS 483.267, 483.270 or 483.280; and

40-42     (4) His parent or legal guardian signs and submits to the department a

40-43  form provided by the department which attests that the person who desires

40-44  a license has completed the experience required by subparagraph (3).

40-45  2.  To any person whose license has been revoked until the expiration

40-46  of the period during which he is not eligible for a license.

40-47  3.  To any person whose license has been suspended, but, upon good

40-48  cause shown to the administrator, the department may issue a restricted

40-49  license to him or shorten any period of suspension.

41-1    4.  To any person who has previously been adjudged to be afflicted

41-2  with or suffering from any mental disability or disease and who has not at

41-3  the time of application been restored to legal capacity.

41-4    5.  To any person who is required by NRS 483.010 to 483.630,

41-5  inclusive, to take an examination, unless he has successfully passed the

41-6  examination.

41-7    6.  To any person when the administrator has good cause to believe that

41-8  by reason of physical or mental disability that person would not be able to

41-9  operate a motor vehicle safely.

41-10  7.  To any person who is not a resident of this state.

41-11  8.  To any child who is the subject of a court order issued pursuant to

41-12  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

41-13  62.228 which delays his privilege to drive.

41-14  9.  To any person who is the subject of a court order issued pursuant to

41-15  NRS 206.330 which suspends or delays his privilege to drive until the

41-16  expiration of the period of suspension or delay.

41-17  Sec. 52.  NRS 483.270 is hereby amended to read as follows:

41-18  483.270  1.  The department may issue a restricted license to any pupil

41-19  between the ages of 14 and 18 years who is attending:

41-20  (a) A public school in a school district in this state in a county whose

41-21  population is less than [35,000] 50,000 or in a city or town whose

41-22  population is less than 25,000 when transportation to and from school is

41-23  not provided by the board of trustees of the school district, if the pupil

41-24  meets the requirements for eligibility adopted by the department pursuant

41-25  to subsection 5; or

41-26  (b) A private school meeting the requirements for approval under NRS

41-27  392.070 when transportation to and from school is not provided by the

41-28  private school,

41-29  and it is impossible or impracticable to furnish such pupil with private

41-30  transportation to and from school.

41-31  2.  An application for the issuance of a restricted license under this

41-32  section must:

41-33  (a) Be made upon a form provided by the department.

41-34  (b) Be signed and verified as provided in NRS 483.300.

41-35  (c) Contain such other information as may be required by the

41-36  department.

41-37  3.  Any restricted license issued pursuant to this section:

41-38  (a) Is effective only for the school year during which it is issued or for a

41-39  more restricted period.

41-40  (b) Authorizes the licensee to drive a motor vehicle on a street or

41-41  highway only while going to and from school, and at a speed not in excess

41-42  of the speed limit set by law for school buses.

41-43  (c) May contain such other restrictions as the department may deem

41-44  necessary and proper.

41-45  (d) May authorize the licensee to transport as passengers in a motor

41-46  vehicle driven by him, only while he is going to and from school, members

41-47  of his immediate family, or other minor persons upon written consent of

41-48  the parents or guardians of such minors, but in no event may the number of

42-1  passengers so transported at any time exceed the number of passengers for

42-2  which the vehicle was designed.

42-3    4.  No restricted license may be issued under the provisions of this

42-4  section until the department is satisfied fully as to the applicant’s

42-5  competency and fitness to drive a motor vehicle.

42-6    5.  The department shall adopt regulations that set forth the

42-7  requirements for eligibility of a pupil to receive a restricted license

42-8  pursuant to paragraph (a) of subsection 1.

42-9    Sec. 53.  NRS 629.045 is hereby amended to read as follows:

42-10  629.045  1.  Every provider of health care to whom any person comes

42-11  or is brought for the treatment of:

42-12  (a) Second or third degree burns to 5 percent or more of his body;

42-13  (b) Burns to his upper respiratory tract or laryngeal edema resulting

42-14  from the inhalation of heated air; or

42-15  (c) Burns which may result in death,

42-16  shall promptly report that information to the appropriate local fire

42-17  department.

42-18  2.  The report required by subsection 1 must include:

42-19  (a) The name and address of the person treated, if known;

42-20  (b) The location of the person treated; and

42-21  (c) The character and extent of his injuries.

42-22  3.  A person required to make a report pursuant to subsection 1 shall,

42-23  within 3 working days after treating the person, submit a written report to:

42-24  (a) The appropriate local fire department in counties whose population

42-25  is [25,000] 40,000 or more; or

42-26  (b) The state fire marshal in counties whose population is less than

42-27  [25,000.] 40,000.

42-28  The report must be on a form provided by the state fire marshal.

42-29  4.  A provider of health care, his agents and employees are immune

42-30  from any civil action for any disclosures made in good faith in accordance

42-31  with the provisions of this section or any consequential damages.

42-32  Sec. 54.  NRS 644.217 is hereby amended to read as follows:

42-33  644.217  1.  The board may issue a certificate of registration as a

42-34  cosmetologist’s apprentice to a person if:

42-35  (a) The person is a resident of a county whose population is less than

42-36  [35,000;] 50,000;

42-37  (b) The person is required to travel more than 60 miles from his place of

42-38  residence to attend a licensed school of cosmetology; and

42-39  (c) The training of the person as a cosmetologist’s apprentice will be

42-40  conducted at a licensed cosmetological establishment that is located in such

42-41  a county.

42-42  2.  An applicant for a certificate of registration as a cosmetologist’s

42-43  apprentice must submit an application to the board on a form prescribed by

42-44  the board. The application must be accompanied by a fee of $100 and must

42-45  include:

42-46  (a) A statement signed by the licensed cosmetologist who will be

42-47  supervising and training the cosmetologist’s apprentice which states that

42-48  the licensed cosmetologist has been licensed by the board to practice

42-49  cosmetology in this state for not less than 3 years immediately preceding

43-1  the date of the application and that his license has been in good standing

43-2  during that period;

43-3    (b) A statement signed by the owner of the licensed cosmetological

43-4  establishment where the applicant will be trained which states that the

43-5  owner will permit the applicant to be trained as a cosmetologist’s

43-6  apprentice at the cosmetological establishment; and

43-7    (c) Such other information as the board may require by regulation.

43-8    3.  A certificate of registration as a cosmetologist’s apprentice is valid

43-9  for 2 years after the date on which it is issued and may be renewed by the

43-10  board upon good cause shown.

43-11  Sec. 55.  NRS 647.060 is hereby amended to read as follows:

43-12  647.060  1.  At the time of purchase by any junk dealer of any hides

43-13  or junk, the junk dealer shall require the person vending the hides or junk

43-14  to subscribe a statement containing the following information:

43-15  (a) When, where and from whom the vendor obtained the property.

43-16  (b) The vendor’s age, residence, including the city or town, and the

43-17  street and number, if any, of the residence, and such other information as is

43-18  reasonably necessary to enable the residence to be located.

43-19  (c) The name of the employer, if any, of the vendor and the place of

43-20  business or employment of the employer.

43-21  2.  Except as otherwise provided in subsection 3, the junk dealer shall

43-22  on the next business day:

43-23  (a) File the original statement subscribed by the vendor in the office of

43-24  the sheriff of the county where the purchase was made; and

43-25  (b) If the purchase was made in a city or town, file a copy of the

43-26  statement with the chief of police of that city or town.

43-27  3.  In a county whose population is [30,000] 45,000 or less, the original

43-28  statement may be filed in the office of the sheriff’s deputy for transmission

43-29  to the sheriff.

43-30  Sec. 56.  NRS 690B.015 is hereby amended to read as follows:

43-31  690B.015  1.  The commissioner shall annually conduct a survey of

43-32  licensed operators of body shops in this state to determine:

43-33  (a) The rates charged by such operators for painting and other repairs;

43-34  and

43-35  (b) The difference, if any, between the amount paid by the operators for

43-36  new and used parts acquired for repairs and the amount charged to

43-37  customers for those parts.

43-38  2.  The information obtained by the survey must be compiled in a

43-39  written report, which must set forth information relating to:

43-40  (a) Each county separately whose population is 50,000 or more ; [than

43-41  35,000;] and

43-42  (b) The remaining counties of the state.

43-43  The report is a public record for the purposes of NRS 239.010.

43-44  Sec. 57.  NRS 695G.175 is hereby amended to read as follows:

43-45  695G.175  1.  If a managed care organization contracts for the

43-46  provision of emergency medical services, outpatient services or inpatient

43-47  services with a hospital or other licensed health care facility that provides

43-48  acute care and is located in a city whose population is less than [45,000]

44-1  60,000 or a county whose population is less than 100,000, the managed

44-2  care organization shall not:

44-3    (a) Prohibit an insured from receiving services covered by the health

44-4  care plan of the insured at that hospital or licensed health care facility if the

44-5  services are provided by a provider of health care with whom the managed

44-6  care organization has contracted for the provision of the services;

44-7    (b) Refuse to provide coverage for services covered by the health care

44-8  plan of an insured that are provided to the insured at that hospital or

44-9  licensed health care facility if the services were provided by a provider of

44-10  health care with whom the managed care organization has contracted for

44-11  the provision of the services;

44-12  (c) Refuse to pay a provider of health care with whom the managed care

44-13  organization has contracted for the provision of services for providing

44-14  services to an insured at that hospital or licensed health care facility if the

44-15  services are covered by the health care plan of the insured;

44-16  (d) Discourage a provider of health care with whom the managed care

44-17  organization has contracted for the provision of services from providing

44-18  services to an insured at that hospital or licensed health care facility that

44-19  are covered by the health care plan of the insured; or

44-20  (e) Offer or pay any type of material inducement, bonus or other

44-21  financial incentive to a provider of health care:

44-22     (1) To provide services to an insured that are covered by the health

44-23  care plan of the insured at another hospital or licensed health care facility;

44-24  or

44-25     (2) Not to provide services to an insured at that hospital or licensed

44-26  health care facility that are covered by the health care plan of the insured.

44-27  2.  Nothing in this section prohibits a managed care organization from

44-28  informing an insured that enhanced health care services are available at a

44-29  hospital or licensed health care facility other than the hospital or licensed

44-30  health care facility described in subsection 1 with which the managed care

44-31  organization contracts for the provision of emergency medical services,

44-32  outpatient services or inpatient services.

44-33  Sec. 58.  NRS 710.147 is hereby amended to read as follows:

44-34  710.147  1.  The governing body of a county whose population is

44-35  [35,000] 50,000 or more:

44-36  (a) Shall not sell telecommunications service to the general public.

44-37  (b) May purchase or construct facilities for providing

44-38  telecommunications that intersect with public rights of way if the

44-39  governing body:

44-40     (1) Conducts a study to evaluate the costs and benefits associated

44-41  with purchasing or constructing the facilities; and

44-42     (2) Determines from the results of the study that the purchase or

44-43  construction is in the interest of the general public.

44-44  2.  Any information relating to the study conducted pursuant to

44-45  subsection 1 must be maintained by the county clerk and made available

44-46  for public inspection during the business hours of the office of the county

44-47  clerk.

44-48  3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an

44-49  airport may sell telecommunications service to the general public.

45-1    4.  As used in this section:

45-2    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. §

45-3  153(43), as that section existed on July 16, 1997.

45-4    (b) “Telecommunications service” has the meaning ascribed to it in 47

45-5  U.S.C. § 153(46), as that section existed on July 16, 1997.

45-6    Sec. 59.  NRS 711.175 is hereby amended to read as follows:

45-7    711.175  Except as otherwise provided in NRS 318.1192, 318.1193 and

45-8  318.1194:

45-9    1.  The governing body of a county whose population is [35,000]

45-10  50,000 or more shall not sell the services of a community antenna

45-11  television system to the general public.

45-12  2.  The governing body of a city whose population is 25,000 or more

45-13  shall not sell the services of a community antenna television system to the

45-14  general public.

45-15  Sec. 60.  The legislature declares that in enacting this act it has

45-16  reviewed each of the classifications by population amended by this act, has

45-17  considered the suggestions of the several counties and of other interested

45-18  persons in the state relating to whether any should be retained unchanged

45-19  or amended differently, and has found that each of the sections in which a

45-20  criterion of population has been changed should not under present

45-21  conditions apply to a county larger or smaller, as the case may be, than the

45-22  new criterion established.

45-23  Sec. 61.  This act becomes effective on July 1, 2001.

 

45-24  H