(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.  (Deleted by amendment.)

1-8    Sec. 3.  NRS 254.010 is hereby amended to read as follows:

1-9    254.010  The board of county commissioners of any county in this state

1-10  whose population is [6,000] 5,000 or more may appoint a county engineer

1-11  and fix his compensation.

1-12    Sec. 4.  NRS 62.180 is hereby amended to read as follows:

1-13    62.180  1.  Provision must be made for the temporary detention of

1-14  children in a detention home to be conducted as an agency of the court or

1-15  in some other appropriate public institution or agency, or the court may

1-16  arrange for the care and custody of such children temporarily in private

1-17  homes subject to the supervision of the court, or may arrange with any

1-18  private institution or private agency to receive for temporary care and

1-19  custody children within the jurisdiction of the court.

2-1    2.  Except as otherwise provided in this subsection and subject to the

2-2  provisions of this chapter, any county may provide, furnish and maintain at

2-3  public expense a building suitable and adequate for the purpose of a

2-4  detention home for the temporary detention of children. In a county whose

2-5  population is [35,000] 50,000 or more, the board of county commissioners

2-6  shall provide the detention facilities. Two or more counties, without regard

2-7  to their respective populations, may provide a combined detention home

2-8  under suitable terms agreed upon between the respective boards of county

2-9  commissioners and the judges of the juvenile court regularly sitting in the

2-10  judicial districts covering the counties.

2-11    3.  Any detention home built and maintained under this chapter must be

2-12  constructed and conducted as nearly like a home as possible, and must not

2-13  be deemed to be or treated as a penal institution.

2-14    4.  Except as otherwise provided in this subsection, a detention home

2-15  built and maintained under this chapter must not adjoin, be located on the

2-16  same grounds as, or share common facilities or common grounds with a

2-17  prison, an adult jail or an adult lockup. If a detention home built and

2-18  maintained under this chapter complies with the provisions of 28 C.F.R.

2-19  § 31.303 relating to collocated facilities, the detention home may adjoin, be

2-20  located on the same grounds as, or share common facilities or common

2-21  grounds with an adult jail or an adult lockup.

2-22    5.  In addition to detention homes, a county may provide and maintain

2-23  at public expense programs which provide alternatives to placing a child in

2-24  a detention home.

2-25    Sec. 5.  NRS 217.450 is hereby amended to read as follows:

2-26    217.450  1.  The commission on mental health and developmental

2-27  services shall advise the administrator of the division concerning the award

2-28  of grants from the account for aid for victims of domestic violence.

2-29    2.  The administrator of the division shall give priority to those

2-30  applications for grants from the account for aid for victims of domestic

2-31  violence submitted by organizations which offer the broadest range of

2-32  services for the least cost within one or more counties. The administrator

2-33  shall not approve the use of money from a grant to acquire any buildings.

2-34    3.  The administrator of the division has the final authority to approve

2-35  or deny an application for a grant. The administrator shall notify each

2-36  applicant in writing of the action taken on its application within 45 days

2-37  after the deadline for filing the application.

2-38    4.  In determining the amount of money to be allocated for grants, the

2-39  administrator of the division shall use the following formula:

2-40    (a) A basic allocation of $7,000 must be made for each county whose

2-41  population is less than 100,000. For counties whose population is 100,000

2-42  or more, the basic allocation is $35,000. These allocations must be

2-43  increased or decreased for each fiscal year ending after June 30, 1990, by

2-44  the same percentage that the amount deposited in the account during the

2-45  preceding fiscal year, pursuant to NRS 122.060, is greater or less than the

2-46  sum of $791,000.

2-47    (b) Any additional revenue available in the account must be allocated to

2-48  grants, on a per capita basis, for all counties whose population is [14,000]

2-49  20,000 or more.

3-1    (c) Money remaining in the account after disbursement of grants does

3-2  not revert and may be awarded in a subsequent year.

3-3    Sec. 6.  NRS 231.040 is hereby amended to read as follows:

3-4    231.040  1.  The commission on economic development is composed

3-5  of the lieutenant governor, who is its chairman, and six members who are

3-6  appointed by the governor.

3-7    2.  The governor shall appoint as members of the commission persons

3-8  who have proven experience in economic development which was acquired

3-9  by them while engaged in finance, manufacturing, mining, agriculture, the

3-10  field of transportation, or in general business other than tourism or gaming.

3-11    3.  The governor shall appoint at least one member who is a resident of:

3-12    (a) Clark County.

3-13    (b) Washoe County.

3-14    (c) A county whose population is [35,000] 50,000 or less.

3-15    Sec. 7.  NRS 231.067 is hereby amended to read as follows:

3-16    231.067  The commission on economic development shall:

3-17    1.  Develop a state plan for industrial development and diversification.

3-18    2.  Promote, encourage and aid the development of commercial,

3-19  industrial, agricultural, mining and other vital economic interests of this

3-20  state, except for travel and tourism, except that in a county whose

3-21  population is less than [35,000,] 50,000, the county may include

3-22  community development and the development of the nongaming recreation

3-23  and tourism industry in its economic development efforts.

3-24    3.  Identify sources of financing and assist businesses and industries

3-25  which wish to locate in Nevada in obtaining financing.

3-26    4.  Provide and administer grants of money to political subdivisions of

3-27  the state and to local or regional organizations for economic development

3-28  to assist them in promoting the advantages of their communities and in

3-29  recruiting businesses to relocate in those communities. Each recipient must

3-30  provide an amount of money, at least equal to the grant, for the same

3-31  purpose, except, in a county whose population is less than [35,000,]

3-32  50,000, the commission may, if convinced that the recipient is financially

3-33  unable to do so, provide such a grant with less than equal matching money

3-34  provided by the recipient.

3-35    5.  Encourage and assist state, county and city agencies in planning and

3-36  preparing projects for economic or industrial development and financing

3-37  those projects with revenue bonds.

3-38    6.  Coordinate and assist the activities of counties, cities, local and

3-39  regional organizations for economic development and fair and recreation

3-40  boards in the state which affect industrial development, except for travel

3-41  and tourism, except that in a county whose population is less than [35,000,]

3-42  50,000, the county may include community development and the

3-43  development of the nongaming recreation and tourism industry in its

3-44  economic development efforts.

3-45    7.  Arrange by cooperative agreements with local governments to serve

3-46  as the single agency in the state where relocating or expanding businesses

3-47  may obtain all required permits.

4-1    8.  Promote close cooperation between public agencies and private

4-2  persons who have an interest in industrial development and diversification

4-3  in Nevada.

4-4    9.  Organize and coordinate the activities of a group of volunteers

4-5  which will aggressively select and recruit businesses and industries,

4-6  especially small industries, to locate their offices and facilities in Nevada.

4-7    Sec. 8.  NRS 231.170 is hereby amended to read as follows:

4-8    231.170  1.  The commission on tourism is composed of the lieutenant

4-9  governor, who is its chairman, and eight members who are appointed by

4-10  the governor.

4-11    2.  The governor shall appoint as members of the commission persons

4-12  who are informed on and have experience in travel and tourism, including

4-13  the business of gaming.

4-14    3.  The chief administrative officers of the county fair and recreation

4-15  boards or, if there is no county fair and recreation board in the county, the

4-16  chairman of the board of county commissioners, of the three counties that

4-17  paid the largest amount of the proceeds from the taxes imposed on the

4-18  revenue from the rental of transient lodging to the department of taxation

4-19  for deposit with the state treasurer for credit to the fund for the promotion

4-20  of tourism created by NRS 231.250 for the previous fiscal year are ex

4-21  officio but nonvoting members of the commission. A change in any

4-22  member of the commission who serves pursuant to the provisions of this

4-23  subsection that is required because of a change in the amount of the

4-24  proceeds paid to the department of taxation by each county must be

4-25  effective on January 1 of the calendar year immediately following the

4-26  fiscal year in which the proceeds were paid to the department of taxation.

4-27    4.  In addition to the appointments made pursuant to subsection 3, the

4-28  governor shall appoint:

4-29    (a) At least one member who is a resident of Clark County.

4-30    (b) At least one member who is a resident of Washoe County.

4-31    (c) At least two members who are residents of counties whose

4-32  population is [50,000] 100,000 or less.

4-33    (d) One member who is a resident of any county in this state.

4-34    Sec. 9.  NRS 231.260 is hereby amended to read as follows:

4-35    231.260  The commission on tourism, through its division of tourism,

4-36  shall:

4-37    1.  Promote this state so as to increase the number of domestic and

4-38  international tourists.

4-39    2.  Promote special events which are designed to increase tourism.

4-40    3.  Develop a state plan to promote travel and tourism in Nevada.

4-41    4.  Develop a comprehensive program of marketing and advertising, for

4-42  both domestic and international markets, which publicizes travel and

4-43  tourism in Nevada in order to attract more visitors to this state or lengthen

4-44  their stay.

4-45    5.  Provide and administer grants of money or matching grants to

4-46  political subdivisions of the state, to fair and recreation boards, and to local

4-47  or regional organizations which promote travel and tourism, to assist them

4-48  in:

5-1    (a) Developing local programs for marketing and advertising which are

5-2  consistent with the state plan.

5-3    (b) Promoting specific events and attractions in their communities.

5-4    (c) Evaluating the effectiveness of the local programs and

5-5  events.

5-6  Each recipient must provide an amount of money, at least equal to the

5-7  grant, for the same purpose, except, in a county whose population is less

5-8  than [35,000,] 50,000, the commission may, if convinced that the recipient

5-9  is financially unable to do so, provide a grant with less than equal matching

5-10  money provided by the recipient.

5-11    6.  Coordinate and assist the programs of travel and tourism of

5-12  counties, cities, local and regional organizations for travel and tourism, fair

5-13  and recreation boards and transportation authorities in the state. Local

5-14  governmental agencies which promote travel and tourism shall coordinate

5-15  their promotional programs with those of the commission.

5-16    7.  Encourage cooperation between public agencies and private persons

5-17  who have an interest in promoting travel and tourism in Nevada.

5-18    8.  Compile or obtain by contract, keep current and disseminate

5-19  statistics and other marketing information on travel and tourism in Nevada.

5-20    9.  Prepare and publish, with the assistance of the division of

5-21  publications, brochures, travel guides, directories and other materials

5-22  which promote travel and tourism in Nevada.

5-23    Sec. 10.  NRS 268.048 is hereby amended to read as follows:

5-24    268.048  1.  The governing body of a city located in a county whose

5-25  population is less than [11,000,] 15,000, upon making a finding pursuant to

5-26  a public hearing that a city industrial park is necessary to meet the needs of

5-27  the city, and that no private enterprise has presented an acceptable proposal

5-28  for industrial development, may develop a plan and establish requirements

5-29  for the:

5-30    (a) Acquisition, sale or lease of real property by the city for industrial

5-31  development; and

5-32    (b) Design, engineering and construction of industrial developments.

5-33    2.  The governing body shall:

5-34    (a) Give notice of its intention by publication at least once in a

5-35  newspaper of general circulation published in the city, or if there is no such

5-36  newspaper then in a newspaper of general circulation in the city published

5-37  in the state; and

5-38    (b) Hold its public hearing not less than 10 nor more than 20 days after

5-39  the date of publication of the notice.

5-40    3.  The governing body may grant an option to purchase property

5-41  designated for industrial development. The duration of the option must not

5-42  exceed 3 years but afterward the governing body may extend it year by

5-43  year. Any attempted assignment of the option, whether contractual or

5-44  effected by operation of law, is void. Upon its execution, the option must

5-45  immediately be recorded by the governing body with the county recorder.

5-46    4.  After review by the planning commission, a member of the

5-47  governing body or the purchaser or lessee of the property shall present the

5-48  proposed plan for an industrial development to the governing body.

6-1    5.  The governing body shall, after a public hearing, approve or reject

6-2  the proposed plan.

6-3    Sec. 11.  NRS 268.802 is hereby amended to read as follows:

6-4    268.802  1.  The governing body of an incorporated city whose

6-5  population is [200,000] 300,000 or more may by ordinance create a district.

6-6    2.  Not more than one district may be created in each such city.

6-7    3.  A district is not entitled to receive any distribution of supplemental

6-8  city-county relief tax.

6-9    Sec. 12.  NRS 268.811 is hereby amended to read as follows:

6-10    268.811  As used in NRS 268.810 to 268.823, inclusive, unless the

6-11  context otherwise requires:

6-12    1.  “Governing body” means the governing body of a city whose

6-13  population is [200,000] 300,000 or more.

6-14    2.  “Operating entity” means a public operating entity of a pedestrian

6-15  mall or a private operating entity with whom a governing body has

6-16  contracted for the acquisition, construction, improvement, operation,

6-17  management or maintenance of a pedestrian mall, or any combination

6-18  thereof.

6-19    3.  “Pedestrian mall” means an area including portions of one or more

6-20  streets or alleys that has been set aside for use primarily by pedestrians and

6-21  to which access by motor vehicles is prohibited or restricted. The term

6-22  includes all improvements and appurtenances thereto that are designed to

6-23  be used primarily for the movement, safety, convenience, enjoyment,

6-24  entertainment, recreation or relaxation of pedestrians.

6-25    4.  “Redevelopment agency” means a governmental entity created

6-26  pursuant to NRS 279.382 to 279.685, inclusive, or a legislative body which

6-27  has elected to exercise the powers granted to an agency under NRS

6-28  279.382 to 279.685, inclusive.

6-29    Sec. 13.  NRS 268.812 is hereby amended to read as follows:

6-30    268.812  1.  The governing body of an incorporated city whose

6-31  population is [200,000] 300,000 or more may by ordinance create a

6-32  pedestrian mall.

6-33    2.  Before adopting an ordinance creating a pedestrian mall, the

6-34  governing body must find that it would be in the best interests of the city

6-35  and beneficial to the owners of adjacent property to use the street or streets

6-36  or other thoroughfare or thoroughfares primarily for pedestrians.

6-37    3.  The ordinance must establish the boundaries of the pedestrian mall

6-38  and the governing body may change the boundaries by ordinance. The area

6-39  included within a pedestrian mall may be contiguous or noncontiguous.

6-40    4.  In addition to other requirements for the consideration and adoption

6-41  of an ordinance, at least 10 days before the date fixed for a public hearing

6-42  on the adoption of the ordinance creating a pedestrian mall, a notice of the

6-43  date, time and place of the hearing and a copy of the proposed ordinance,

6-44  or notification that a copy is available in the office of the city clerk, must

6-45  be mailed to the owners of record of the property included within the

6-46  proposed boundaries of the pedestrian mall. The names and addresses of

6-47  the owners of such property may be obtained from the records of the

6-48  county assessor or from such other source or sources as the governing body

6-49  deems reliable. Any such list of names and addresses appertaining to any

7-1  pedestrian mall may be revised from time to time, but such a list need not

7-2  be revised more frequently than at 12-month intervals.

7-3    5.  Unless otherwise provided by the governing body in the ordinance,

7-4  all property of the city that is used in conjunction with or as a part of the

7-5  pedestrian mall remains property of the city and must not be considered

7-6  vacated for any purpose.

7-7    Sec. 14.  NRS 278.02095 is hereby amended to read as follows:

7-8    278.02095  1.  Except as otherwise provided in this section, in an

7-9  ordinance relating to the zoning of land adopted or amended by a

7-10  governing body, the definition of “single-family residence” must include a

7-11  manufactured home.

7-12    2.  Notwithstanding the provisions of subsection 1, a governing body

7-13  shall adopt standards for the placement of a manufactured home that will

7-14  not be affixed to a lot within a mobile home park which require that:

7-15    (a) The manufactured home:

7-16      (1) Be permanently affixed to a residential lot;

7-17      (2) Be manufactured within the 5 years immediately preceding the

7-18  date on which it is affixed to the residential lot;

7-19      (3) Have exterior siding and roofing which is similar in color,

7-20  material and appearance to the exterior siding and roofing primarily used

7-21  on other single-family residential dwellings in the immediate vicinity of the

7-22  manufactured home, as established by the governing body;

7-23      (4) Consist of more than one section; and

7-24      (5) Consist of at least 1,200 square feet of living area unless the

7-25  governing body, by administrative variance or other expedited procedure

7-26  established by the governing body, approves a lesser amount of square

7-27  footage based on the size or configuration of the lot or the square footage

7-28  of single-family residential dwellings in the immediate vicinity of the

7-29  manufactured home; and

7-30    (b) If the manufactured home has an elevated foundation, the

7-31  foundation is masked architecturally in a manner determined by the

7-32  governing body.

7-33  The governing body of a local government in a county whose population is

7-34  less than [25,000] 40,000 may adopt standards that are less restrictive than

7-35  the standards set forth in this subsection.

7-36    3.  Standards adopted by a governing body pursuant to subsection 2

7-37  must be objective and documented clearly and must not be adopted to

7-38  discourage or impede the construction or provision of affordable housing,

7-39  including, without limitation, the use of manufactured homes for affordable

7-40  housing.

7-41    4.  The provisions of this section do not abrogate a recorded restrictive

7-42  covenant prohibiting manufactured homes nor do the provisions apply

7-43  within the boundaries of a historic district established pursuant to NRS

7-44  384.005 or 384.100. An application to place a manufactured home on a

7-45  residential lot pursuant to this section constitutes an attestation by the

7-46  owner of the lot that the placement complies with all covenants, conditions

7-47  and restrictions placed on the lot and that the lot is not located within a

7-48  historic district.

8-1    5.  As used in this section, “manufactured home” has the meaning

8-2  ascribed to it in NRS 489.113.

8-3    Sec. 15.  NRS 278.0262 is hereby amended to read as follows:

8-4    278.0262  1.  There is hereby created in each county whose

8-5  population is 100,000 or more but less than 400,000, a regional planning

8-6  commission consisting of:

8-7    (a) Three members from the local planning commission of each city in

8-8  the county whose population is [40,000] 60,000 or more, appointed by the

8-9  respective governing bodies of those cities;

8-10    (b) One member from the local planning commission of each city in the

8-11  county whose population is less than [40,000,] 60,000, appointed by the

8-12  respective governing bodies of those cities; and

8-13    (c) Three members from the local planning commission of the county,

8-14  appointed by the governing body of the county, at least two of whom must

8-15  reside in unincorporated areas of the county.

8-16    2.  Except for the terms of the initial members of the commission, the

8-17  term of each member is 3 years and until the selection and qualification of

8-18  his successor. A member may be reappointed. A member who ceases to be

8-19  a member of the local planning commission of the jurisdiction from which

8-20  he is appointed automatically ceases to be a member of the commission. A

8-21  vacancy must be filled for the unexpired term by the governing body which

8-22  made the original appointment.

8-23    3.  The commission shall elect its chairman from among its members.

8-24  The term of the chairman is 1 year. The member elected chairman must

8-25  have been appointed by the governing body of the county or a city whose

8-26  population is [40,000] 60,000 or more, as determined pursuant to a

8-27  schedule adopted by the commission and made a part of its bylaws which

8-28  provides for the annual rotation of the chairmanship among each of those

8-29  governing bodies.

8-30    4.  A member of the commission must be compensated at the rate of

8-31  $80 per meeting or $400 per month, whichever is less.

8-32    5.  Each member of the commission must successfully complete the

8-33  course of training prescribed by the governing body pursuant to subsection

8-34  2 of NRS 278.0265 within 1 year after the date on which his term of

8-35  appointment commences. A member who fails to complete successfully the

8-36  course of training as required pursuant to this subsection forfeits his

8-37  appointment 1 year after the date on which his term of appointment

8-38  commenced.

8-39    Sec. 16.  NRS 278.0264 is hereby amended to read as follows:

8-40    278.0264  1.  There is hereby created in each county whose

8-41  population is 100,000 or more but less than 400,000, a governing board for

8-42  regional planning consisting of:

8-43    (a) Three representatives appointed by the board of county

8-44  commissioners, at least two of whom must represent or reside within

8-45  unincorporated areas of the county. If the representative is:

8-46      (1) A county commissioner, his district must be one of the two

8-47  districts in the county with the highest percentage of unincorporated area.

8-48      (2) Not a county commissioner, he must reside within an

8-49  unincorporated area of the county.

9-1    (b) Four representatives appointed by the governing body of the largest

9-2  incorporated city in the county.

9-3    (c) Three representatives appointed by the governing body of every

9-4  other incorporated city in the county whose population is [40,000] 60,000

9-5  or more.

9-6    (d) One representative appointed by the governing body of each

9-7  incorporated city in the county whose population is less than [40,000.]

9-8  60,000.

9-9    2.  Except for the terms of the initial members of the governing board,

9-10  the term of each member is 3 years and until the selection and qualification

9-11  of his successor. A member may be reappointed. A vacancy must be filled

9-12  for the unexpired term by the governing body which made the original

9-13  appointment.

9-14    3.  The governing bodies may appoint representatives to the governing

9-15  board from within their respective memberships. A member of a local

9-16  governing body who is so appointed and who subsequently ceases to be a

9-17  member of that body, automatically ceases to be a member of the

9-18  governing board. The governing body may also appoint alternative

9-19  representatives who may act in the respective absences of the principal

9-20  appointees.

9-21    4.  The governing board shall elect its chairman from among its

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

9-23  chairman must have been appointed by the governing body of the county or

9-24  a city whose population is more than [40,000,] 60,000, as determined

9-25  pursuant to a schedule adopted by the governing board and made a part of

9-26  its bylaws which provides for the annual rotation of the chairmanship

9-27  among each of those governing bodies.

9-28    5.  A member of the governing board who is also a member of the

9-29  governing body which appointed him shall serve without additional

9-30  compensation. All other members must be compensated at the rate of $40

9-31  per meeting or $200 per month, whichever is less.

9-32    6.  The governing board may appoint such employees as it deems

9-33  necessary for its work and may contract with city planners, engineers,

9-34  architects and other consultants for such services as it requires.

9-35    7.  The local governments represented on the governing board shall

9-36  provide the necessary facilities, equipment, staff, supplies and other usual

9-37  operating expenses necessary to enable the governing board to carry out its

9-38  functions. The local governments shall enter into an agreement whereby

9-39  those costs are shared by the local governments in proportion to the

9-40  number of members that each appoints to the governing board. The

9-41  agreement must also contain a provision specifying the responsibility of

9-42  each local government, respectively, of paying for legal services needed by

9-43  the governing board or by the regional planning commission.

9-44    8.  The governing board may sue or be sued in any court of competent

9-45  jurisdiction.

9-46    9.  The governing board shall prepare and adopt an annual budget and

9-47  transmit it as a recommendation for funding to each of the local

9-48  governments.

 

10-1    Sec. 17.  NRS 278.030 is hereby amended to read as follows:

10-2    278.030  1.  The governing body of each city [and of each county]

10-3  whose population is 25,000 or more and of each county whose population

10-4  is 40,000 or more shall create by ordinance a planning commission to

10-5  consist of seven members.

10-6    2.  Cities [and counties] whose population is less than 25,000 and

10-7  counties whose population is less than 40,000 may create by ordinance a

10-8  planning commission to consist of seven members. If the governing body

10-9  of any city [or of any county] whose population is less than 25,000 or of

10-10  any county whose population is less than 40,000 deems the creation of a

10-11  planning commission unnecessary or inadvisable, the governing body may,

10-12  in lieu of creating a planning commission as provided in this subsection,

10-13  perform all the functions and have all of the powers which would otherwise

10-14  be granted to and be performed by the planning commission.

10-15  Sec. 18.  NRS 278.330 is hereby amended to read as follows:

10-16  278.330  1.  The initial action in connection with the making of any

10-17  subdivision is the preparation of a tentative map.

10-18  2.  The subdivider shall file copies of such map with the planning

10-19  commission or its designated representative, or with the clerk of the

10-20  governing body if there is no planning commission, together with a filing

10-21  fee in an amount determined by the governing body.

10-22  3.  The commission, its designated representative, the clerk or other

10-23  designated representative of the governing body or, when authorized by the

10-24  governing body, the subdivider or any other appropriate agency shall

10-25  distribute copies of the map and any accompanying data to all state and

10-26  local agencies charged with reviewing the proposed subdivision.

10-27  4.  If there is no planning commission, the clerk of the governing body

10-28  shall submit the tentative map to the governing body at its next regular

10-29  meeting.

10-30  5.  Except as otherwise provided by subsection 6, if there is a planning

10-31  commission, it shall:

10-32  (a) In a county whose population is [40,000] 50,000 or more, within 45

10-33  days; or

10-34  (b) In a county whose population is less than [40,000,] 50,000, within

10-35  60 days,

10-36  after accepting as a complete application a tentative map, recommend

10-37  approval, conditional approval or disapproval of the map in a written report

10-38  filed with the governing body.

10-39  6.  If the governing body has authorized the planning commission to

10-40  take final action on a tentative map, the planning commission shall:

10-41  (a) In a county whose population is [40,000] 50,000 or more, within 45

10-42  days; or

10-43  (b) In a county whose population is less than [40,000,] 50,000, within

10-44  60 days,

10-45  after accepting as a complete application a tentative map, approve,

10-46  conditionally approve or disapprove the tentative map in the manner

10-47  provided for in NRS 278.349. It shall file its written decision with the

10-48  governing body.

 

11-1    Sec. 19.  NRS 278.349 is hereby amended to read as follows:

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

11-3  governing body, if it has not authorized the planning commission to take

11-4  final action, shall, by a majority vote of the members present, approve,

11-5  conditionally approve, or disapprove a tentative map filed pursuant to NRS

11-6  278.330:

11-7    (a) In a county whose population is [40,000] 50,000 or more, within 45

11-8  days; or

11-9    (b) In a county whose population is less than [40,000,] 50,000, within

11-10  60 days,

11-11  after receipt of the planning commission’s recommendations.

11-12  2.  If there is no planning commission, the governing body shall

11-13  approve, conditionally approve or disapprove a tentative map:

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

11-15  days; or

11-16  (b) In a county whose population is less than [40,000,] 50,000, within

11-17  60 days,

11-18  after the map is filed with the clerk of the governing body.

11-19  3.  The governing body, or planning commission if it is authorized to

11-20  take final action on a tentative map, shall consider:

11-21  (a) Environmental and health laws and regulations concerning water

11-22  and air pollution, the disposal of solid waste, facilities to supply water,

11-23  community or public sewage disposal and, where applicable, individual

11-24  systems for sewage disposal;

11-25  (b) The availability of water which meets applicable health standards

11-26  and is sufficient in quantity for the reasonably foreseeable needs of the

11-27  subdivision;

11-28  (c) The availability and accessibility of utilities;

11-29  (d) The availability and accessibility of public services such as schools,

11-30  police protection, transportation, recreation and parks;

11-31  (e) Conformity with the zoning ordinances and master plan, except that

11-32  if any existing zoning ordinance is inconsistent with the master plan, the

11-33  zoning ordinance takes precedence;

11-34  (f) General conformity with the governing body’s master plan of streets

11-35  and highways;

11-36  (g) The effect of the proposed subdivision on existing public streets and

11-37  the need for new streets or highways to serve the subdivision;

11-38  (h) Physical characteristics of the land such as flood plain, slope and

11-39  soil;

11-40  (i) The recommendations and comments of those entities reviewing the

11-41  tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

11-42  (j) The availability and accessibility of fire protection, including, but not

11-43  limited to, the availability and accessibility of water and services for the

11-44  prevention and containment of fires, including fires in wild lands.

11-45  4.  The governing body or planning commission shall, by a majority

11-46  vote of the members present, make a final disposition of the tentative map.

11-47  Any disapproval or conditional approval must include a statement of the

11-48  reason for that action.

 

12-1    Sec. 20.  NRS 278.464 is hereby amended to read as follows:

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

12-3  planning commission, it shall:

12-4    (a) In a county whose population is [40,000] 50,000 or more, within 45

12-5  days; or

12-6    (b) In a county whose population is less than [40,000,] 50,000, within

12-7  60 days,

12-8  after accepting as a complete application a parcel map, recommend

12-9  approval, conditional approval or disapproval of the map in a written

12-10  report. The planning commission shall submit the parcel map and the

12-11  written report to the governing body.

12-12  2.  If the governing body has authorized the planning commission to

12-13  take final action on a parcel map, the planning commission shall:

12-14  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-15  days; or

12-16  (b) In a county whose population is less than [40,000,] 50,000, within

12-17  60 days,

12-18  after accepting as a complete application the parcel map, approve,

12-19  conditionally approve or disapprove the map. It shall file its written

12-20  decision with the governing body. Unless the time is extended by mutual

12-21  agreement, if the planning commission is authorized to take final action

12-22  and it fails to take action within the period specified in this subsection, the

12-23  parcel map shall be deemed approved.

12-24  3.  If there is no planning commission or if the governing body has not

12-25  authorized the planning commission to take final action, the governing

12-26  body or, by authorization of the governing body, the director of planning or

12-27  other authorized person or agency shall:

12-28  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-29  days; or

12-30  (b) In a county whose population is less than [40,000,] 50,000, within

12-31  60 days,

12-32  after acceptance of the parcel map as a complete application by the

12-33  governing body pursuant to subsection 1 or pursuant to subsection 2 of

12-34  NRS 278.461, review and approve, conditionally approve or disapprove the

12-35  parcel map. Unless the time is extended by mutual agreement, if the

12-36  governing body, the director of planning or other authorized person or

12-37  agency fails to take action within the period specified in this subsection,

12-38  the parcel map shall be deemed approved.

12-39  4.  Except as otherwise provided in NRS 278.463, if unusual

12-40  circumstances exist, a governing body or, if authorized by the governing

12-41  body, the planning commission may waive the requirement for a parcel

12-42  map. Before waiving the requirement for a parcel map, a determination

12-43  must be made by the county surveyor, city surveyor or professional land

12-44  surveyor appointed by the governing body that a survey is not required.

12-45  Unless the time is extended by mutual agreement, a request for a waiver

12-46  must be acted upon:

12-47  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-48  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 the date of the request for the waiver, or, in the absence of action, the

13-4  waiver shall be deemed approved.

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

13-6  consideration of the criteria set forth in subsection 3 of NRS 278.349 in

13-7  determining whether to approve, conditionally approve or disapprove a

13-8  second or subsequent parcel map for land that has been divided by a parcel

13-9  map which was recorded within the 5 years immediately preceding the

13-10  acceptance of the second or subsequent parcel map as a complete

13-11  application.

13-12  6.  An applicant or other person aggrieved by a decision of the

13-13  governing body’s authorized representative or by a final act of the planning

13-14  commission may appeal to the governing body within a reasonable period

13-15  to be determined, by ordinance, by the governing body. The governing

13-16  body shall render its decision:

13-17  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-18  days; or

13-19  (b) In a county whose population is less than [40,000,] 50,000, within

13-20  60 days,

13-21  after the date the appeal is filed.

13-22  7.  If a parcel map and the associated division of land are approved or

13-23  deemed approved pursuant to this section, the approval must be noted on

13-24  the map in the form of a certificate attached thereto and executed by the

13-25  clerk of the governing body, the governing body’s designated

13-26  representative or the chairman of the planning commission. A certificate

13-27  attached to a parcel map pursuant to this subsection must indicate, if

13-28  applicable, that the governing body or planning commission determined

13-29  that a public street, easement or utility easement which will not remain in

13-30  effect after a merger and resubdivision of parcels conducted pursuant to

13-31  NRS 278.4925, has been vacated or abandoned in accordance with NRS

13-32  278.480.

13-33  Sec. 21.  NRS 278.4725 is hereby amended to read as follows:

13-34  278.4725  1.  Except as otherwise provided in this section, if the

13-35  governing body has authorized the planning commission to take final

13-36  action on a final map, the planning commission shall approve,

13-37  conditionally approve or disapprove the final map, basing its action upon

13-38  the requirements of NRS 278.472:

13-39  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-40  days; or

13-41  (b) In a county whose population is less than [40,000,] 50,000, within

13-42  60 days,

13-43  after accepting the final map as a complete application. The planning

13-44  commission shall file its written decision with the governing body. Except

13-45  as otherwise provided in subsection 5, or unless the time is extended by

13-46  mutual agreement, if the planning commission is authorized to take final

13-47  action and it fails to take action within the period specified in this

13-48  subsection, the final map shall be deemed approved unconditionally.

14-1    2.  If there is no planning commission or if the governing body has not

14-2  authorized the planning commission to take final action, the governing

14-3  body or its authorized representative shall approve, conditionally approve

14-4  or disapprove the final map, basing its action upon the requirements of

14-5  NRS 278.472:

14-6    (a) In a county whose population is [40,000] 50,000 or more, within 45

14-7  days; or

14-8    (b) In a county whose population is less than [40,000,] 50,000, within

14-9  60 days,

14-10  after the final map is accepted as a complete application. Except as

14-11  otherwise provided in subsection 5 or unless the time is extended by

14-12  mutual agreement, if the governing body or its authorized representative

14-13  fails to take action within the period specified in this subsection, the final

14-14  map shall be deemed approved unconditionally.

14-15  3.  An applicant or other person aggrieved by a decision of the

14-16  authorized representative of the governing body or by a final act of the

14-17  planning commission may appeal to the governing body within a

14-18  reasonable period to be determined, by ordinance, by the governing body.

14-19  The governing body shall render its decision:

14-20  (a) In a county whose population is [40,000] 50,000 or more, within 45

14-21  days; or

14-22  (b) In a county whose population is less than [40,000,] 50,000, within

14-23  60 days,

14-24  after the date on which the appeal is filed.

14-25  4.  If the map is disapproved, the governing body or its authorized

14-26  representative or the planning commission shall return the map to the

14-27  person who proposes to divide the land, with the reason for its action and a

14-28  statement of the changes necessary to render the map acceptable.

14-29  5.  If the final map divides the land into 16 lots or more, the governing

14-30  body or its authorized representative or the planning commission shall not

14-31  approve a map, and a map shall not be deemed approved, unless:

14-32  (a) Each lot contains an access road that is suitable for use by

14-33  emergency vehicles; and

14-34  (b) The corners of each lot are set by a professional land surveyor.

14-35  6.  If the final map divides the land into 15 lots or less, the governing

14-36  body or its authorized representative or the planning commission may, if

14-37  reasonably necessary, require the map to comply with the provisions of

14-38  subsection 5.

14-39  7.  Upon approval, the map must be filed with the county recorder.

14-40  Filing with the county recorder operates as a continuing:

14-41  (a) Offer to dedicate for public roads the areas shown as proposed roads

14-42  or easements of access, which the governing body may accept in whole or

14-43  in part at any time or from time to time.

14-44  (b) Offer to grant the easements shown for public utilities, which any

14-45  public utility may similarly accept without excluding any other public

14-46  utility whose presence is physically compatible.

14-47  8.  The map filed with the county recorder must include:

15-1    (a) A certificate signed and acknowledged by each owner of land to be

15-2  divided consenting to the preparation of the map, the dedication of the

15-3  roads and the granting of the easements.

15-4    (b) A certificate signed by the clerk of the governing body or authorized

15-5  representative of the governing body or the secretary to the planning

15-6  commission that the map was approved, or the affidavit of the person

15-7  presenting the map for filing that the time limited by subsection 1 or 2 for

15-8  action by the governing body or its authorized representative or the

15-9  planning commission has expired and that the requirements of subsection 5

15-10  have been met. A certificate signed pursuant to this paragraph must also

15-11  indicate, if applicable, that the governing body or planning commission

15-12  determined that a public street, easement or utility easement which will not

15-13  remain in effect after a merger and resubdivision of parcels conducted

15-14  pursuant to NRS 278.4925, has been vacated or abandoned in accordance

15-15  with NRS 278.480.

15-16  (c) A written statement signed by the treasurer of the county in which

15-17  the land to be divided is located indicating that all property taxes on the

15-18  land for the fiscal year have been paid.

15-19  9.  A governing body may by local ordinance require a final map to

15-20  include:

15-21  (a) A report from a title company which lists the names of:

15-22     (1) Each owner of record of the land to be divided; and

15-23     (2) Each holder of record of a security interest in the land to be

15-24  divided, if the security interest was created by a mortgage or a deed of

15-25  trust.

15-26  (b) The signature of each owner of record of the land to be divided.

15-27  (c) The written consent of each holder of record of a security interest

15-28  listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

15-29  recordation of the final map. A holder of record may consent by signing:

15-30     (1) The final map; or

15-31     (2) A separate document that is filed with the final map and declares

15-32  his consent to the division of land.

15-33  10.  After a map has been filed with the county recorder, any lot shown

15-34  thereon may be conveyed by reference to the map, without further

15-35  description.

15-36  11.  The county recorder shall charge and collect for recording the map

15-37  a fee of not more than $35 per page set by the board of county

15-38  commissioners.

15-39  Sec. 22.  NRS 279.685 is hereby amended to read as follows:

15-40  279.685  1.  Except as otherwise provided in this section, an agency of

15-41  a city whose population is [200,000] 300,000 or more that receives revenue

15-42  from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall

15-43  set aside not less than 15 percent of that revenue received on or before

15-44  October 1, 1999, and 18 percent of that revenue received after October 1,

15-45  1999, to increase, improve and preserve the number of dwelling units in the

15-46  community for low-income households.

15-47  2.  The obligation of an agency to set aside not less than 15 percent of

15-48  the revenue from taxes allocated to and received by the agency pursuant to

15-49  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

16-1  existing obligations of the agency. As used in this subsection, “existing

16-2  obligations” means the principal and interest, when due, on any bonds,

16-3  notes or other indebtedness whether funded, refunded, assumed or

16-4  otherwise incurred by the agency before July 1, 1993, to finance or

16-5  refinance in whole or in part, the redevelopment of a redevelopment area.

16-6  For the purposes of this subsection, obligations incurred by an agency after

16-7  July 1, 1993, shall be deemed existing obligations if the net proceeds are

16-8  used to refinance existing obligations of the agency.

16-9    3.  The obligation of an agency to set aside an additional 3 percent of

16-10  the revenue from taxes allocated to and received by the agency pursuant to

16-11  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

16-12  existing obligations of the agency. As used in this subsection, “existing

16-13  obligations” means the principal and interest, when due, on any bonds,

16-14  notes or other indebtedness whether funded, refunded, assumed or

16-15  otherwise incurred by the agency before October 1, 1999, to finance or

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

16-17  For the purposes of this subsection, obligations incurred by an agency after

16-18  October 1, 1999, shall be deemed existing obligations if the net proceeds

16-19  are used to refinance existing obligations of the agency.

16-20  4.  The agency may expend or otherwise commit money for the

16-21  purposes of subsection 1 outside the boundaries of the redevelopment area.

16-22  Sec. 23.  NRS 283.040 is hereby amended to read as follows:

16-23  283.040  1.  Every office becomes vacant upon the occurring of any of

16-24  the following events before the expiration of the term:

16-25  (a) The death or resignation of the incumbent.

16-26  (b) The removal of the incumbent from office.

16-27  (c) The confirmed insanity of the incumbent, found by a court of

16-28  competent jurisdiction.

16-29  (d) A conviction of the incumbent of any felony or offense involving a

16-30  violation of his official oath or bond or a violation of NRS 241.040,

16-31  293.1755 or 293C.200.

16-32  (e) A refusal or neglect of the person elected or appointed to take the

16-33  oath of office, as prescribed in NRS 282.010, or, when a bond is required

16-34  by law, his refusal or neglect to give the bond within the time prescribed by

16-35  law.

16-36  (f) Except as otherwise provided in NRS 266.400, the ceasing of the

16-37  incumbent to be an actual, as opposed to constructive, resident of the state,

16-38  district, county, city, ward or other unit prescribed by law in which the

16-39  duties of his office are to be exercised, or from which he was elected or

16-40  appointed, or in which he was required to reside to be a candidate for office

16-41  or appointed to office.

16-42  (g) The neglect or refusal of the incumbent to discharge the duties of his

16-43  office for a period of 30 days, except when prevented by sickness or

16-44  absence from the state or county, as provided by law. In a county whose

16-45  population is less than [10,000,] 15,000, after an incumbent, other than a

16-46  state officer, has been prevented by sickness from discharging the duties of

16-47  his office for at least 6 months, the district attorney, either on his own

16-48  volition or at the request of another person, may petition the district court

16-49  to declare the office vacant. If the incumbent holds the office of district

17-1  attorney, the attorney general, either on his own volition or at the request of

17-2  another person, may petition the district court to declare the office vacant.

17-3  The district court shall hold a hearing to determine whether to declare the

17-4  office vacant and, in making its determination, shall consider evidence

17-5  relating to:

17-6      (1) The medical condition of the incumbent;

17-7      (2) The extent to which illness, disease or physical weakness has

17-8  rendered the incumbent unable to manage independently and perform the

17-9  duties of his office; and

17-10     (3) The extent to which the absence of the incumbent has had a

17-11  detrimental effect on the applicable governmental entity.

17-12  (h) The decision of a competent tribunal declaring the election or

17-13  appointment void or the office vacant.

17-14  2.  Upon the happening of any of the events described in subsection 1,

17-15  if the incumbent fails or refuses to relinquish his office, the attorney

17-16  general shall, if the office is a state office or concerns more than one

17-17  county, or the district attorney shall, if the office is a county office or

17-18  concerns territory within one county, commence and prosecute, in a court

17-19  of competent jurisdiction, any proceedings for judgment and decree

17-20  declaring that office vacant.

17-21  Sec. 24.  NRS 289.380 is hereby amended to read as follows:

17-22  289.380  1.  Except as otherwise provided in NRS 289.383, the

17-23  governing body of a city or county may create a review board by ordinance

17-24  to advise the governing body on issues concerning peace officers, school

17-25  police officers, constables and deputies of constables within the city or

17-26  county.

17-27  2.  A review board created pursuant to subsection 1 must consist of:

17-28  (a) In a city whose population is 150,000 or more or a county whose

17-29  population is 100,000 or more, 25 members; and

17-30  (b) In a city whose population is less than 150,000 or a county whose

17-31  population is less than 100,000, 12 members.

17-32  3.  Such a review board must be appointed by the governing body from

17-33  a list of names submitted by interested persons. If an insufficient number of

17-34  names of interested persons [are] is submitted, the governing body shall

17-35  appoint the remaining members in the manner it deems appropriate.

17-36  4.  A person appointed to the review board must:

17-37  (a) Be a resident of the city or county for which the review board was

17-38  created, except no member of the review board may be currently employed

17-39  as a peace officer, school police officer, constable or deputy of a constable.

17-40  (b) Complete training relating to law enforcement before serving as a

17-41  member of the review board, including, without limitation, training in the

17-42  policies and procedures of law enforcement agencies, police of school

17-43  districts and offices of constables, the provisions of NRS 289.010 to

17-44  289.120, inclusive, and the employment contracts of the peace officers,

17-45  school police officers, constables or deputies of constables.

17-46  Sec. 25.  NRS 293.464 is hereby amended to read as follows:

17-47  293.464  1.  If a court of competent jurisdiction orders a county to

17-48  extend the deadline for voting beyond the statutory deadline in a particular

18-1  election, the county clerk shall, as soon as practicable after he receives

18-2  notice of the court’s decision:

18-3    (a) Cause notice of the extended deadline to be published in a

18-4  newspaper of general circulation in the county; and

18-5    (b) Transmit a notice of the extended deadline to each registered voter

18-6  who requested an absent voter’s ballot for the election and has not returned

18-7  the ballot before the date on which the notice will be transmitted.

18-8    2.  The notice required pursuant to paragraph (a) of subsection 1 must

18-9  be published:

18-10  (a) In a county whose population is [30,000] 45,000 or more, on at least

18-11  3 successive days.

18-12  (b) In a county whose population is less than [30,000,] 45,000, at least

18-13  twice in successive issues of the newspaper.

18-14  Sec. 26.  NRS 295.121 is hereby amended to read as follows:

18-15  295.121  1.  In a county whose population is [50,000] 100,000 or

18-16  more, for each initiative, referendum or other question to be placed on the

18-17  ballot by the board or county clerk, including, without limitation, pursuant

18-18  to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with

18-19  the county clerk pursuant to subsection 4, appoint two committees. Except

18-20  as otherwise provided in subsection 2, one committee must be composed of

18-21  three persons who favor approval by the voters of the initiative, referendum

18-22  or other question and the other committee must be composed of three

18-23  persons who oppose approval by the voters of the initiative, referendum or

18-24  other question.

18-25  2.  If, after consulting with the county clerk pursuant to subsection 4,

18-26  the board is unable to appoint three persons who are willing to serve on a

18-27  committee, the board may appoint fewer than three persons to that

18-28  committee, but the board must appoint at least one person to each

18-29  committee appointed pursuant to this section.

18-30  3.  With respect to a committee appointed pursuant to this section:

18-31  (a) A person may not serve simultaneously on the committee that favors

18-32  approval by the voters of an initiative, referendum or other question and

18-33  the committee that opposes approval by the voters of that initiative,

18-34  referendum or other question.

18-35  (b) Members of the committee serve without compensation.

18-36  (c) The term of office for each member commences upon appointment

18-37  and expires upon the publication of the sample ballot containing the

18-38  initiative, referendum or other question.

18-39  4.  Before the board appoints a committee pursuant to [subsection 1,]

18-40  this section, the county clerk shall:

18-41  (a) Recommend to the board persons to be appointed to the committee;

18-42  and

18-43  (b) Consider recommending pursuant to paragraph (a):

18-44     (1) Any person who has expressed an interest in serving on the

18-45  committee; and

18-46     (2) A person who is a member of an organization that has expressed

18-47  an interest in having a member of the organization serve on the committee.

19-1    5.  If the board of a county whose population is [50,000] 100,000 or

19-2  more fails to appoint a committee as required pursuant to this section, the

19-3  county clerk shall appoint the committee.

19-4    6.  A committee appointed pursuant to this section:

19-5    (a) Shall elect a chairman for the committee;

19-6    (b) Shall meet and conduct its affairs as necessary to fulfill the

19-7  requirements of this section;

19-8    (c) May seek and consider comments from the general public;

19-9    (d) Shall, based on whether the members were appointed to advocate or

19-10  oppose approval by the voters of the initiative, referendum or other

19-11  question, prepare an argument either advocating or opposing approval by

19-12  the voters of the initiative, referendum or other question;

19-13  (e) Shall prepare a rebuttal to the argument prepared by the other

19-14  committee appointed pursuant to this section; and

19-15  (f) Shall submit the argument and rebuttal prepared pursuant to

19-16  paragraphs (d) and (e) to the county clerk not later than the date prescribed

19-17  by the county clerk pursuant to subsection 7.

19-18  7.  The county clerk of a county whose population is [50,000] 100,000

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

19-20  (a) The maximum permissible length of an argument or rebuttal

19-21  prepared pursuant to this section; and

19-22  (b) The date by which an argument or rebuttal prepared pursuant to this

19-23  section must be submitted by the committee to the county clerk.

19-24  8.  Upon receipt of an argument or rebuttal prepared pursuant to this

19-25  section, the county clerk:

19-26  (a) May consult with persons who are generally recognized by a

19-27  national or statewide organization as having expertise in the field or area to

19-28  which the initiative, referendum or other question pertains; and

19-29  (b) Shall reject each statement in the argument or rebuttal that he

19-30  believes is libelous or factually inaccurate.

19-31  Not later than 5 days after the county clerk rejects a statement pursuant to

19-32  this subsection, the committee may appeal that rejection to the district

19-33  attorney. The district attorney shall review the statement and the reasons

19-34  for its rejection and may receive evidence, documentary or testimonial, to

19-35  aid him in his decision. Not later than 3 business days after the appeal by

19-36  the committee, the district attorney shall issue his decision rejecting or

19-37  accepting the statement. The decision of the district attorney is a final

19-38  decision for the purposes of judicial review.

19-39  9.  The county clerk shall place in the sample ballot provided to the

19-40  registered voters of the county each argument and rebuttal prepared

19-41  pursuant to this section, containing all statements that were not rejected

19-42  pursuant to subsection 8. The county clerk may revise the language

19-43  submitted by the committee so that it is clear, concise and suitable for

19-44  incorporation in the sample ballot, but shall not alter the meaning or effect

19-45  without the consent of the committee.

19-46  10.  In a county whose population is less than [50,000:] 100,000:

19-47  (a) The board may appoint committees pursuant to this section.

19-48  (b) If the board appoints committees pursuant to this section, the county

19-49  clerk shall provide for rules or regulations pursuant to subsection 7.

20-1    Sec. 27.  NRS 295.217 is hereby amended to read as follows:

20-2    295.217  1.  In a city whose population is [50,000] 60,000 or more, for

20-3  each initiative, referendum or other question to be placed on the ballot by

20-4  the council, including, without limitation, pursuant to NRS 293.482 or

20-5  295.215, the council shall, in consultation with the city clerk pursuant to

20-6  subsection 4, appoint two committees. Except as otherwise provided in

20-7  subsection 2, one committee must be composed of three persons who favor

20-8  approval by the voters of the initiative, referendum or other question and

20-9  the other committee must be composed of three persons who oppose

20-10  approval by the voters of the initiative, referendum or other question.

20-11  2.  If, after consulting with the city clerk pursuant to subsection 4, the

20-12  council is unable to appoint three persons willing to serve on a committee,

20-13  the council may appoint fewer than three persons to that committee, but the

20-14  council must appoint at least one person to each committee appointed

20-15  pursuant to this section.

20-16  3.  With respect to a committee appointed pursuant to this section:

20-17  (a) A person may not serve simultaneously on the committee that favors

20-18  approval by the voters of an initiative, referendum or other question and

20-19  the committee that opposes approval by the voters of that initiative,

20-20  referendum or other question.

20-21  (b) Members of the committee serve without compensation.

20-22  (c) The term of office for each member commences upon appointment

20-23  and expires upon the publication of the sample ballot containing the

20-24  initiative, referendum or other question.

20-25  4.  Before the council appoints a committee pursuant to this section, the

20-26  city clerk shall:

20-27  (a) Recommend to the council persons to be appointed to the

20-28  committee; and

20-29  (b) Consider recommending pursuant to paragraph (a):

20-30     (1) Any person who has expressed an interest in serving on the

20-31  committee; and

20-32     (2) A person who is a member of an organization that has expressed

20-33  an interest in having a member of the organization serve on the committee.

20-34  5.  If the council of a city whose population is [50,000] 60,000 or more

20-35  fails to appoint a committee as required pursuant to this section, the city

20-36  clerk shall appoint the committee.

20-37  6.  A committee appointed pursuant to this section:

20-38  (a) Shall elect a chairman for the committee;

20-39  (b) Shall meet and conduct its affairs as necessary to fulfill the

20-40  requirements of this section;

20-41  (c) May seek and consider comments from the general public;

20-42  (d) Shall, based on whether the members were appointed to advocate or

20-43  oppose approval by the voters of the initiative, referendum or other

20-44  question, prepare an argument either advocating or opposing approval by

20-45  the voters of the initiative, referendum or other question;

20-46  (e) Shall prepare a rebuttal to the argument prepared by the other

20-47  committee appointed pursuant to this section; and

21-1    (f) Shall submit the argument and rebuttal prepared pursuant to

21-2  paragraphs (d) and (e) to the city clerk not later than the date prescribed by

21-3  the city clerk pursuant to subsection 7.

21-4    7.  The city clerk of a city whose population is [50,000] 60,000 or more

21-5  shall provide, by rule or regulation:

21-6    (a) The maximum permissible length of an argument or rebuttal

21-7  prepared pursuant to this section; and

21-8    (b) The date by which an argument or rebuttal prepared pursuant to this

21-9  section must be submitted by the committee to the city clerk.

21-10  8.  Upon receipt of an argument or rebuttal prepared pursuant to this

21-11  section, the city clerk:

21-12  (a) May consult with persons who are generally recognized by a

21-13  national or statewide organization as having expertise in the field or area to

21-14  which the initiative, referendum or other question pertains; and

21-15  (b) Shall reject each statement in the argument or rebuttal that he

21-16  believes is libelous or factually inaccurate.

21-17  Not later than 5 days after the city clerk rejects a statement pursuant to this

21-18  subsection, the committee may appeal that rejection to the city attorney.

21-19  The city attorney shall review the statement and the reasons for its rejection

21-20  and may receive evidence, documentary or testimonial, to aid him in his

21-21  decision. Not later than 3 business days after the appeal by the committee,

21-22  the city attorney shall issue his decision rejecting or accepting the

21-23  statement. The decision of the city attorney is a final decision for the

21-24  purposes of judicial review.

21-25  9.  The city clerk shall place in the sample ballot provided to the

21-26  registered voters of the city each argument and rebuttal prepared pursuant

21-27  to this section, containing all statements that were not rejected pursuant to

21-28  subsection 8. The city clerk may revise the language submitted by the

21-29  committee so that it is clear, concise and suitable for incorporation in the

21-30  sample ballot, but shall not alter the meaning or effect without the consent

21-31  of the committee.

21-32  10.  In a city whose population is less than [50,000:] 60,000:

21-33  (a) The council may appoint committees pursuant to this section.

21-34  (b) If the council appoints committees pursuant to this section, the city

21-35  clerk shall provide for rules or regulations pursuant to subsection 7.

21-36  Sec. 28.  NRS 350.002 is hereby amended to read as follows:

21-37  350.002  1.  There is hereby created in each county whose population

21-38  is 400,000 or more, a debt management commission, to be composed of:

21-39  (a) Three representatives of the board of county commissioners from its

21-40  membership;

21-41  (b) One representative of each governing body of the five largest

21-42  incorporated cities in the county from its membership;

21-43  (c) One representative of the board of trustees of the county school

21-44  district from its membership; and

21-45  (d) Two representatives of the public at large.

21-46  2.  There is hereby created in each county whose population is less than

21-47  400,000, a debt management commission, to be composed of one

21-48  representative of the county, one representative of the school district and

21-49  the following additional representatives:

22-1    (a) In each such county which contains more than one incorporated city:

22-2      (1) One representative of the city in which the county seat is located;

22-3      (2) One representative of the other incorporated cities jointly; and

22-4      (3) One representative of the public at large.

22-5    (b) In each such county which contains one incorporated city:

22-6      (1) One representative of the incorporated city; and

22-7      (2) Two representatives of the public at large.

22-8    (c) In each such county which contains no incorporated city, one

22-9  representative of the public at large.

22-10  (d) In each such county which contains one or more general

22-11  improvement districts, one representative of the district or districts jointly

22-12  and one additional representative of the public at large.

22-13  3.  In Carson City, there is hereby created a debt management

22-14  commission, to be composed of one representative of the board of

22-15  supervisors, one representative of the school district and three

22-16  representatives of the public at large. The representative of the board of

22-17  supervisors and the representative of the school district shall select the

22-18  representatives of the public at large and, for that purpose only, constitute a

22-19  quorum of the debt management commission. Members of the commission

22-20  serve for a term of 2 years beginning on January 1, or until their successors

22-21  are chosen.

22-22  4.  Except as otherwise provided in subsection 1, each representative of

22-23  a single local government must be chosen by its governing body. Each

22-24  representative of two or more local governments must be chosen by their

22-25  governing bodies jointly, each governing body having one vote. Each

22-26  representative of the general improvement districts must be chosen by their

22-27  governing bodies jointly, each governing body having one vote. Each

22-28  representative of the public at large must be chosen by the other members

22-29  of the commission from residents of the county, or Carson City, as the case

22-30  may be, who have a knowledge of its financial structure. A tie vote must be

22-31  resolved by lot.

22-32  5.  A person appointed as a member of the commission in a county

22-33  whose population is [50,000] 100,000 or more who is not an elected officer

22-34  or a person appointed to an elective office for an unexpired term must have

22-35  at least 5 years of experience in the field of public administration, public

22-36  accounting or banking.

22-37  6.  A person appointed as a member of the commission shall not have a

22-38  substantial financial interest in the ownership or negotiation of securities

22-39  issued by this state or any of its political subdivisions.

22-40  7.  Except as otherwise provided in this subsection, members of the

22-41  commission or their successors must be chosen in January of each odd-

22-42  numbered year and hold office for a term of 2 years beginning January 1.

22-43  The representatives of incorporated cities must be chosen after elections

22-44  are held in the cities, but before the annual meeting of the commission in

22-45  July. The term of a representative who serves pursuant to paragraph (a), (b)

22-46  or (c) of subsection 1 is coterminous with the term of his elected office,

22-47  unless the public entity that appointed him revokes his appointment.

22-48  8.  Any vacancy must be filled in the same manner as the original

22-49  choice was made for the remainder of the unexpired term.

23-1    Sec. 29.  NRS 350.0033 is hereby amended to read as follows:

23-2    350.0033  1.  The commission in a county whose population is less

23-3  than [30,000] 45,000 may request technical assistance from the department

23-4  of taxation to carry out the duties of the commission. Upon such a request,

23-5  the department of taxation shall provide to that commission such technical

23-6  assistance to the extent that resources are available.

23-7    2.  The board of county commissioners of a county whose population is

23-8  [30,000] 45,000 or more shall provide the commission in that county with

23-9  such staff as is necessary to carry out the duties of the commission. The

23-10  staff provided to the commission pursuant to this subsection shall provide

23-11  such technical assistance to the commission as the commission requires,

23-12  except the staff shall not render an opinion on the merits of any proposal or

23-13  other matter before the commission.

23-14  Sec. 30.  NRS 355.178 is hereby amended to read as follows:

23-15  355.178  1.  The governing body of a city whose population is

23-16  150,000 or more or a county whose population is 100,000 or more may

23-17  lend securities from its investment portfolio if:

23-18  (a) The investment portfolio has a value of at least $100,000,000;

23-19  (b) The treasurer of the city or county:

23-20     (1) Establishes a policy for investment that includes provisions which

23-21  set forth the procedures to be used to lend securities pursuant to this

23-22  section; and

23-23     (2) Submits the policy established pursuant to subparagraph (1) to the

23-24  city or county manager and prepares and submits to the city or county

23-25  manager a monthly report that sets forth the securities that have been lent

23-26  pursuant to this section and any other information relating thereto,

23-27  including, without limitation, the terms of each agreement for the lending

23-28  of those securities; and

23-29  (c) The governing body receives collateral from the borrower in the

23-30  form of cash or marketable securities that are:

23-31     (1) Authorized pursuant to NRS 355.170, if the collateral is in the

23-32  form of marketable securities; and

23-33     (2) At least 102 percent of the value of the securities borrowed.

23-34  2.  The governing body of a city or consolidated municipality whose

23-35  population is [50,000] 60,000 or more but less than [100,000] 150,000 may

23-36  lend securities from its investment portfolio if:

23-37  (a) The investment portfolio has a value of at least $50,000,000;

23-38  (b) The governing body is currently authorized to lend securities

23-39  pursuant to subsection 5;

23-40  (c) The treasurer of the city or consolidated municipality:

23-41     (1) Establishes a policy for investment that includes provisions which

23-42  set forth the procedures to be used to lend securities pursuant to this

23-43  section; and

23-44     (2) Submits the policy established pursuant to subparagraph (1) to the

23-45  manager of the city or consolidated municipality and prepares and submits

23-46  to the manager of the city or consolidated municipality a monthly report

23-47  that sets forth the securities that have been lent pursuant to this section and

23-48  any other information relating thereto, including, without limitation, the

23-49  terms of each agreement for the lending of those securities; and

24-1    (d) The governing body receives collateral from the borrower in the

24-2  form of cash or marketable securities that are:

24-3      (1) Authorized pursuant to NRS 355.170, if the collateral is in the

24-4  form of marketable securities; and

24-5      (2) At least 102 percent of the value of the securities borrowed.

24-6    3.  The governing body of a city, county or consolidated municipality

24-7  may enter into such contracts as are necessary to extend and manage loans

24-8  pursuant to this section.

24-9    4.  Any investments made with collateral received pursuant to

24-10  subsection 1 or 2 must mature not later than 90 days after the date on

24-11  which the securities are lent.

24-12  5.  The governing body of a city or consolidated municipality whose

24-13  population is [50,000] 60,000 or more but less than [100,000] 150,000

24-14  shall not lend securities from its investment portfolio unless it has been

24-15  authorized to do so by the state board of finance. The state board of finance

24-16  shall adopt regulations that establish minimum standards for granting

24-17  authorization pursuant to this subsection. Such an authorization is valid for

24-18  2 years and may be renewed by the state board of finance for additional 2-

24-19  year periods.

24-20  Sec. 31.  NRS 360.750 is hereby amended to read as follows:

24-21  360.750  1.  A person who intends to locate or expand a business in

24-22  this state may apply to the commission on economic development for a

24-23  partial abatement of one or more of the taxes imposed on the new or

24-24  expanded business pursuant to chapter 361, 364A or 374 of NRS.

24-25  2.  The commission on economic development shall approve an

24-26  application for a partial abatement if the commission makes the following

24-27  determinations:

24-28  (a) The business is consistent with:

24-29     (1) The state plan for industrial development and diversification that

24-30  is developed by the commission pursuant to NRS 231.067; and

24-31     (2) Any guidelines adopted pursuant to the state plan.

24-32  (b) The applicant has executed an agreement with the commission

24-33  which states that the business will, after the date on which a certificate of

24-34  eligibility for the abatement is issued pursuant to subsection 5, continue in

24-35  operation in this state for a period specified by the commission, which

24-36  must be at least 5 years, and will continue to meet the eligibility

24-37  requirements set forth in this subsection. The agreement must bind the

24-38  successors in interest of the business for the specified period.

24-39  (c) The business is registered pursuant to the laws of this state or the

24-40  applicant commits to obtain a valid business license and all other permits

24-41  required by the county, city or town in which the business operates.

24-42  (d) Except as otherwise provided in NRS 361.0687, if the business is a

24-43  new business in a county whose population is 100,000 or more or a city

24-44  whose population is [50,000] 60,000 or more, the business meets at least

24-45  two of the following requirements:

24-46     (1) The business will have 75 or more full-time employees on the

24-47  payroll of the business by the fourth quarter that it is in operation.

24-48     (2) Establishing the business will require the business to make a

24-49  capital investment of at least $1,000,000 in this state.

25-1      (3) The average hourly wage that will be paid by the new business to

25-2  its employees in this state is at least 100 percent of the average statewide

25-3  hourly wage as established by the employment security division of the

25-4  department of employment, training and rehabilitation on July 1 of each

25-5  fiscal year and:

25-6          (I) The business will provide a health insurance plan for all

25-7  employees that includes an option for health insurance coverage for

25-8  dependents of the employees; and

25-9          (II) The cost to the business for the benefits the business provides

25-10  to its employees in this state will meet the minimum requirements for

25-11  benefits established by the commission by regulation pursuant to

25-12  subsection 9.

25-13  (e) Except as otherwise provided in NRS 361.0687, if the business is a

25-14  new business in a county whose population is less than 100,000 or a city

25-15  whose population is less than [50,000,] 60,000, the business meets at least

25-16  two of the following requirements:

25-17     (1) The business will have 25 or more full-time employees on the

25-18  payroll of the business by the fourth quarter that it is in operation.

25-19     (2) Establishing the business will require the business to make a

25-20  capital investment of at least $250,000 in this state.

25-21     (3) The average hourly wage that will be paid by the new business to

25-22  its employees in this state is at least 100 percent of the average statewide

25-23  hourly wage as established by the employment security division of the

25-24  department of employment, training and rehabilitation on July 1 of each

25-25  fiscal year and:

25-26         (I) The business will provide a health insurance plan for all

25-27  employees that includes an option for health insurance coverage for

25-28  dependents of the employees; and

25-29         (II) The cost to the business for the benefits the business provides

25-30  to its employees in this state will meet the minimum requirements for

25-31  benefits established by the commission by regulation pursuant to

25-32  subsection 9.

25-33  (f) If the business is an existing business, the business meets at least two

25-34  of the following requirements:

25-35     (1) The business will increase the number of employees on its payroll

25-36  by 10 percent more than it employed in the immediately preceding fiscal

25-37  year or by six employees, whichever is greater.

25-38     (2) The business will expand by making a capital investment in this

25-39  state in an amount equal to at least 20 percent of the value of the tangible

25-40  property possessed by the business in the immediately preceding fiscal

25-41  year. The determination of the value of the tangible property possessed by

25-42  the business in the immediately preceding fiscal year must be made by the:

25-43         (I) County assessor of the county in which the business will

25-44  expand, if the business is locally assessed; or

25-45         (II) Department, if the business is centrally assessed.

25-46     (3) The average hourly wage that will be paid by the existing

25-47  business to its new employees in this state is at least 100 percent of the

25-48  average statewide hourly wage as established by the employment security

26-1  division of the department of employment, training and rehabilitation on

26-2  July 1 of each fiscal year and:

26-3          (I) The business will provide a health insurance plan for all new

26-4  employees that includes an option for health insurance coverage for

26-5  dependents of the employees; and

26-6          (II) The cost to the business for the benefits the business provides

26-7  to its new employees in this state will meet the minimum requirements for

26-8  benefits established by the commission by regulation pursuant to

26-9  subsection 9.

26-10  3.  Notwithstanding the provisions of subsection 2, the commission on

26-11  economic development may:

26-12  (a) Approve an application for a partial abatement by a business that

26-13  does not meet the requirements set forth in paragraph (d), (e) or (f) of

26-14  subsection 2;

26-15  (b) Make the requirements set forth in paragraph (d), (e) or (f) of

26-16  subsection 2 more stringent; or

26-17  (c) Add additional requirements that a business must meet to qualify for

26-18  a partial abatement,

26-19  if the commission determines that such action is necessary.

26-20  4.  If a person submits an application to the commission on economic

26-21  development pursuant to subsection 1, the commission shall provide notice

26-22  to the governing body of the county and the city or town, if any, in which

26-23  the person intends to locate or expand a business. The notice required

26-24  pursuant to this subsection must set forth the date, time and location of the

26-25  hearing at which the commission will consider the application.

26-26  5.  If the commission on economic development approves an

26-27  application for a partial abatement, the commission shall immediately

26-28  forward a certificate of eligibility for the abatement to:

26-29  (a) The department;

26-30  (b) The Nevada tax commission; and

26-31  (c) If the partial abatement is from the property tax imposed pursuant to

26-32  chapter 361 of NRS, the county treasurer.

26-33  6.  An applicant for a partial abatement pursuant to this section or an

26-34  existing business whose partial abatement is in effect shall, upon the

26-35  request of the executive director of the commission on economic

26-36  development, furnish the executive director with copies of all records

26-37  necessary to verify that the applicant meets the requirements of

26-38  subsection 2.

26-39  7.  If a business whose partial abatement has been approved pursuant to

26-40  this section and is in effect ceases:

26-41  (a) To meet the requirements set forth in subsection 2; or

26-42  (b) Operation before the time specified in the agreement described in

26-43  paragraph (b) of subsection 2,

26-44  the business shall repay to the department or, if the partial abatement was

26-45  from the property tax imposed pursuant to chapter 361 of NRS, to the

26-46  county treasurer, the amount of the exemption that was allowed pursuant to

26-47  this section before the failure of the business to comply unless the Nevada

26-48  tax commission determines that the business has substantially complied

26-49  with the requirements of this section. Except as otherwise provided in NRS

27-1  360.232 and 360.320, the business shall, in addition to the amount of the

27-2  exemption required to be paid pursuant to this subsection, pay interest on

27-3  the amount due at the rate most recently established pursuant to NRS

27-4  99.040 for each month, or portion thereof, from the last day of the month

27-5  following the period for which the payment would have been made had the

27-6  partial abatement not been approved until the date of payment of the tax.

27-7    8.  A county treasurer:

27-8    (a) Shall deposit any money that he receives pursuant to subsection 7 in

27-9  one or more of the funds established by a local government of the county

27-10  pursuant to NRS 354.611, 354.6113 or 354.6115; and

27-11  (b) May use the money deposited pursuant to paragraph (a) only for the

27-12  purposes authorized by NRS 354.611, 354.6113 and 354.6115.

27-13  9.  The commission on economic development:

27-14  (a) Shall adopt regulations relating to:

27-15     (1) The minimum level of benefits that a business must provide to its

27-16  employees if the business is going to use benefits paid to employees as a

27-17  basis to qualify for a partial abatement; and

27-18     (2) The notice that must be provided pursuant to subsection 4.

27-19  (b) May adopt such other regulations as the commission on economic

27-20  development determines to be necessary to carry out the provisions of this

27-21  section.

27-22  10.  The Nevada tax commission:

27-23  (a) Shall adopt regulations regarding:

27-24     (1) The capital investment that a new business must make to meet the

27-25  requirement set forth in paragraph (d) or (e) of subsection 2; and

27-26     (2) Any security that a business is required to post to qualify for a

27-27  partial abatement pursuant to this section.

27-28  (b) May adopt such other regulations as the Nevada tax commission

27-29  determines to be necessary to carry out the provisions of this section.

27-30  11.  An applicant for an abatement who is aggrieved by a final decision

27-31  of the commission on economic development may petition for judicial

27-32  review in the manner provided in chapter 233B of NRS.

27-33  Sec. 32.  NRS 361.0687 is hereby amended to read as follows:

27-34  361.0687  1.  A person who intends to locate or expand a business in

27-35  this state may, pursuant to NRS 360.750, apply to the commission on

27-36  economic development for a partial abatement from the taxes imposed by

27-37  this chapter.

27-38  2.  For a business to qualify pursuant to NRS 360.750 for a partial

27-39  abatement from the taxes imposed by this chapter, the commission on

27-40  economic development must determine that, in addition to meeting the

27-41  other requirements set forth in subsection 2 of that section:

27-42  (a) If the business is a new business in a county whose population is

27-43  100,000 or more or a city whose population is [50,000] 60,000 or more:

27-44     (1) The business will make a capital investment in the county of at

27-45  least $50,000,000 if the business is an industrial or manufacturing business

27-46  or at least $5,000,000 if the business is not an industrial or manufacturing

27-47  business; and

27-48     (2) The average hourly wage that will be paid by the new business to

27-49  its employees in this state is at least 100 percent of the average statewide

28-1  hourly wage as established by the employment security division of the

28-2  department of employment, training and rehabilitation on July 1 of each

28-3  fiscal year.

28-4    (b) If the business is a new business in a county whose population is

28-5  less than 100,000 or a city whose population is less than [50,000:] 60,000:

28-6      (1) The business will make a capital investment in the county of at

28-7  least $5,000,000 if the business is an industrial or manufacturing business

28-8  or at least $500,000 if the business is not an industrial or manufacturing

28-9  business; and

28-10     (2) The average hourly wage that will be paid by the new business to

28-11  its employees in this state is at least 100 percent of the average statewide

28-12  hourly wage as established by the employment security division of the

28-13  department of employment, training and rehabilitation on July 1 of each

28-14  fiscal year.

28-15  3.  If a partial abatement from the taxes imposed by this chapter is

28-16  approved by the commission on economic development pursuant to NRS

28-17  360.750:

28-18  (a) The partial abatement must:

28-19     (1) Be for a duration of at least 1 year but not more than 10 years;

28-20     (2) Not exceed 50 percent of the taxes payable by a business each

28-21  year pursuant to this chapter; and

28-22     (3) Be administered and carried out in the manner set forth in NRS

28-23  360.750.

28-24  (b) The executive director of the commission on economic development

28-25  shall notify the county assessor of the county in which the business is

28-26  located of the approval of the partial abatement, including, without

28-27  limitation, the duration and percentage of the partial abatement that the

28-28  commission granted. The executive director shall, on or before April 15 of

28-29  each year, advise the county assessor of each county in which a business

28-30  qualifies for a partial abatement during the current fiscal year as to whether

28-31  the business is still eligible for the partial abatement in the next succeeding

28-32  fiscal year.

28-33  Sec. 33.  NRS 361.340 is hereby amended to read as follows:

28-34  361.340  1.  Except as otherwise provided in subsection 2, the board

28-35  of equalization of each county consists of:

28-36  (a) Five members, only two of whom may be elected public officers, in

28-37  counties having a population of [10,000] 15,000 or more; and

28-38  (b) Three members, only one of whom may be an elected public officer,

28-39  in counties having a population of less than [10,000.] 15,000.

28-40  2.  The board of county commissioners may by resolution provide for

28-41  an additional panel of like composition to be added to the board of

28-42  equalization to serve for a designated fiscal year. The board of county

28-43  commissioners may also appoint alternate members to either panel.

28-44  3.  A district attorney, county treasurer or county assessor or any of

28-45  their deputies or employees may not be appointed to the county board of

28-46  equalization.

28-47  4.  The chairman of the board of county commissioners shall nominate

28-48  persons to serve on the county board of equalization who are sufficiently

28-49  experienced in business generally to be able to bring knowledge and sound

29-1  judgment to the deliberations of the board or who are elected public

29-2  officers. The nominees must be appointed upon a majority vote of the

29-3  board of county commissioners. The chairman of the board of county

29-4  commissioners shall designate one of the appointees to serve as chairman

29-5  of the county board of equalization.

29-6    5.  Except as otherwise provided in this subsection, the term of each

29-7  member is 4 years and any vacancy must be filled by appointment for the

29-8  unexpired term. The term of any elected public officer expires upon the

29-9  expiration of the term of his elected office.

29-10  6.  The county clerk or his designated deputy is the clerk of each panel

29-11  of the county board of equalization.

29-12  7.  Any member of the county board of equalization may be removed

29-13  by the board of county commissioners if, in its opinion, the member is

29-14  guilty of malfeasance in office or neglect of duty.

29-15  8.  The members of the county board of equalization are entitled to

29-16  receive per diem allowance and travel expenses as provided for state

29-17  officers and employees. The board of county commissioners of any county

29-18  may by resolution provide for compensation to members of the board of

29-19  equalization in their county who are not elected public officers as they

29-20  deem adequate for time actually spent on the work of the board of

29-21  equalization. In no event may the rate of compensation established by a

29-22  board of county commissioners exceed $40 per day.

29-23  9.  A majority of the members of the county board of equalization

29-24  constitutes a quorum, and a majority of the board determines the action of

29-25  the board.

29-26  10.  The county board of equalization of each county shall hold such

29-27  number of meetings as may be necessary to care for the business of

29-28  equalization presented to it. Every appeal to the county board of

29-29  equalization must be filed not later than January 15. Each county board

29-30  shall cause to be published, in a newspaper of general circulation published

29-31  in that county, a schedule of dates, times and places of the board meetings

29-32  at least 5 days before the first meeting. The county board of equalization

29-33  shall conclude the business of equalization on or before February 28 of

29-34  each year except as to matters remanded by the state board of equalization.

29-35  The state board of equalization may establish procedures for the county

29-36  boards, including setting the period for hearing appeals and for setting

29-37  aside time to allow the county board to review and make final

29-38  determinations. The district attorney or his deputy shall be present at all

29-39  meetings of the county board of equalization to explain the law and the

29-40  board’s authority.

29-41  11.  The county assessor or his deputy shall attend all meetings of each

29-42  panel of the county board of equalization.

29-43  Sec. 34.  NRS 361.453 is hereby amended to read as follows:

29-44  361.453  1.  Except as otherwise provided in this section and NRS

29-45  354.705, 354.723 and 450.760, the total ad valorem tax levy for all public

29-46  purposes must not exceed $3.64 on each $100 of assessed valuation, or a

29-47  lesser or greater amount fixed by the state board of examiners if the state

29-48  board of examiners is directed by law to fix a lesser or greater amount for

29-49  that fiscal year.

30-1    2.  Any levy imposed by the legislature for the repayment of bonded

30-2  indebtedness or the operating expenses of the State of Nevada and any levy

30-3  imposed by the board of county commissioners pursuant to NRS 387.195

30-4  that is in excess of 50 cents on each $100 of assessed valuation of taxable

30-5  property within the county must not be included in calculating the

30-6  limitation set forth in subsection 1 on the total ad valorem tax levied within

30-7  the boundaries of the county, city or unincorporated town, if, in a county

30-8  whose population is [25,000] 40,000 or less, or in a city or unincorporated

30-9  town located within that county:

30-10  (a) The combined tax rate certified by the Nevada tax commission was

30-11  at least $3.50 on each $100 of assessed valuation on June 25, 1998;

30-12  (b) The governing body of that county, city or unincorporated town

30-13  proposes to its registered voters an additional levy ad valorem above the

30-14  total ad valorem tax levy for all public purposes set forth in subsection 1;

30-15  (c) The proposal specifies the amount of money to be derived, the

30-16  purpose for which it is to be expended and the duration of the levy; and

30-17  (d) The proposal is approved by a majority of the voters voting on the

30-18  question at a general election or a special election called for that purpose.

30-19  3.  The duration of the additional levy ad valorem levied pursuant to

30-20  subsection 2 must not exceed 5 years. The governing body of the county,

30-21  city or unincorporated town may discontinue the levy before it expires and

30-22  may not thereafter reimpose it in whole or in part without following the

30-23  procedure required for its original imposition set forth in subsection 2.

30-24  4.  A special election may be held pursuant to subsection 2 only if the

30-25  governing body of the county, city or unincorporated town determines, by

30-26  a unanimous vote, that an emergency exists. The determination made by

30-27  the governing body is conclusive unless it is shown that the governing

30-28  body acted with fraud or a gross abuse of discretion. An action to challenge

30-29  the determination made by the governing body must be commenced within

30-30  15 days after the governing body’s determination is final. As used in this

30-31  subsection, “emergency” means any unexpected occurrence or combination

30-32  of occurrences which requires immediate action by the governing body of

30-33  the county, city or unincorporated town to prevent or mitigate a substantial

30-34  financial loss to the county, city or unincorporated town or to enable the

30-35  governing body to provide an essential service to the residents of the

30-36  county, city or unincorporated town.

30-37  Sec. 35.  NRS 371.107 is hereby amended to read as follows:

30-38  371.107  The county assessor of each county whose population is

30-39  [35,000] 50,000 or more is designated as an agent to assist the department

30-40  in administering the exemptions provided in this chapter, and shall, after

30-41  establishing the validity of an application for an exemption, issue a

30-42  certificate for use by the department to allow a claimant the appropriate

30-43  exemption on his vehicle.

30-44  Sec. 36.  NRS 371.125 is hereby amended to read as follows:

30-45  371.125  The county assessor of each county whose population is less

30-46  than [35,000] 50,000 is designated as agent to assist in the collection of the

30-47  tax required to be levied under this chapter. The county assessor of each

30-48  county is designated as agent to assist the department in administering the

30-49  exemptions provided in this chapter.

31-1    Sec. 37.  NRS 373.028 is hereby amended to read as follows:

31-2    373.028  “Project” means:

31-3    1.  In a county whose population is [35,000] 50,000 or more, street and

31-4  highway construction, including, without limitation, the acquisition and

31-5  improvement of any street, avenue, boulevard, alley, highway or other

31-6  public right of way used for any vehicular traffic, and including a sidewalk

31-7  designed primarily for use by pedestrians, and also, including, without

31-8  limitation, grades, regrades, gravel, oiling, surfacing, macadamizing,

31-9  paving, crosswalks, sidewalks, pedestrian rights of way, driveway

31-10  approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,

31-11  manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,

31-12  underpasses, approaches, sprinkling facilities, artificial lights and lighting

31-13  equipment, parkways, grade separators, traffic separators, and traffic

31-14  control equipment, and all appurtenances and incidentals, or any

31-15  combination thereof, including, without limitation, the acquisition and

31-16  improvement of all types of property therefor.

31-17  2.  In a county whose population is less than [35,000,] 50,000, street

31-18  and highway construction, maintenance or repair, or any combination

31-19  thereof, including, without limitation, the acquisition, maintenance, repair

31-20  and improvement of any street, avenue, boulevard, alley, highway or other

31-21  public right of way used for any vehicular traffic, and including a sidewalk

31-22  designed primarily for use by pedestrians, and also, including, without

31-23  limitation, grades, regrades, gravel, oiling, surfacing, macadamizing,

31-24  paving, crosswalks, sidewalks, pedestrian rights of way, driveway

31-25  approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,

31-26  manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,

31-27  underpasses, approaches, sprinkling facilities, artificial lights and lighting

31-28  equipment, parkways, grade separators, traffic separators, and traffic

31-29  control equipment, and all appurtenances and incidentals, or any

31-30  combination thereof, including, without limitation, the acquisition,

31-31  maintenance, repair and improvement of all types of property therefor.

31-32  Sec. 38.  NRS 379.050 is hereby amended to read as follows:

31-33  379.050  1.  Whenever a new county library is provided for in any

31-34  county whose population is [25,000] 40,000 or more, the trustees of any

31-35  district library in the county previously established may transfer all books,

31-36  funds, equipment or other property in the possession of such trustees to the

31-37  new library upon the demand of the trustees of the new library.

31-38  2.  Whenever there are two or more county library districts in any

31-39  county whose population is [25,000] 40,000 or more, the districts may

31-40  merge into one county library district upon approval of the library trustees

31-41  of the merging districts.

31-42  3.  Whenever there is a city or a town library located adjacent to a

31-43  county library district, the city or town library may:

31-44  (a) Merge with the county library district upon approval of the trustees

31-45  of the merging library and district; or

31-46  (b) Subject to the limitations in NRS 379.0221, consolidate with the

31-47  county library district.

31-48  4.  All expenses incurred in making a transfer or merger must be paid

31-49  out of the general fund of the new library.

32-1    Sec. 39.  NRS 380.010 is hereby amended to read as follows:

32-2    380.010  1.  The board of county commissioners of any county may

32-3  establish by ordinance a law library to be governed and managed by a

32-4  board of law library trustees in accordance with the provisions of this

32-5  chapter.

32-6    2.  The board of county commissioners of any county whose population

32-7  is less than [35,000] 50,000 may establish by ordinance a law library to be

32-8  governed and managed as prescribed by the board of county

32-9  commissioners of that county. The board of county commissioners of any

32-10  county whose population is less than [35,000] 50,000 may exercise or

32-11  delegate the exercise of any power granted to a board of law library

32-12  trustees under this chapter.

32-13  3.  Any law library established pursuant to subsection 2 is subject to the

32-14  provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

32-15  Sec. 40.  NRS 387.331 is hereby amended to read as follows:

32-16  387.331  1.  The tax on residential construction authorized by this

32-17  section is a specified amount which must be the same for each:

32-18  (a) Lot for a mobile home;

32-19  (b) Residential dwelling unit; and

32-20  (c) Suite in an apartment house,

32-21  imposed on the privilege of constructing apartment houses and residential

32-22  dwelling units and developing lots for mobile homes.

32-23  2.  The board of trustees of any school district whose population is less

32-24  than [40,000] 50,000 may request that the board of county commissioners

32-25  of the county in which the school district is located impose a tax on

32-26  residential construction in the school district to construct, remodel and

32-27  make additions to school buildings. Whenever the board of trustees takes

32-28  that action it shall notify the board of county commissioners and shall

32-29  specify the areas of the county to be served by the buildings to be erected

32-30  or enlarged.

32-31  3.  If the board of county commissioners decides that the tax should be

32-32  imposed, it shall notify the Nevada tax commission. If the commission

32-33  approves, the board of county commissioners may then impose the tax,

32-34  whose specified amount must not exceed $1,600.

32-35  4.  The board shall collect the tax so imposed, in the areas of the county

32-36  to which it applies, and may require that administrative costs, not to exceed

32-37  1 percent, be paid from the amount collected.

32-38  5.  The money collected must be deposited with the county treasurer in

32-39  the school district’s fund for capital projects to be held and expended in the

32-40  same manner as other money deposited in that fund.

32-41  Sec. 41.  NRS 396.892 is hereby amended to read as follows:

32-42  396.892  1.  Each student who receives a loan made pursuant to NRS

32-43  396.890 to 396.898, inclusive, shall repay the loan and accrued interest

32-44  pursuant to the terms of the loan unless:

32-45  (a) He practices nursing in a rural area of Nevada or as an employee of

32-46  the state for 6 months for each academic year for which he received a loan;

32-47  or

32-48  (b) He practices nursing in any other area of Nevada for 1 year for each

32-49  academic year for which he received a loan.

33-1    2.  The board of regents may adopt regulations:

33-2    (a) Extending the time for completing the required practice beyond 5

33-3  years for persons who are granted extensions because of hardship; and

33-4    (b) Granting prorated credit towards repayment of a loan for time a

33-5  person practices nursing as required, for cases in which the period for

33-6  required practice is only partially completed,

33-7  and such other regulations as are necessary to carry out the provisions of

33-8  NRS 396.890 to 396.898, inclusive.

33-9    3.  As used in this section, “practices nursing in a rural area” means

33-10  that the person practices nursing in an area located in a county whose

33-11  population is less than [30,000] 45,000 at least half of the total time the

33-12  person spends in the practice of nursing, and not less than 20 hours per

33-13  week.

33-14  Sec. 42.  NRS 439B.420 is hereby amended to read as follows:

33-15  439B.420  1.  A hospital or related entity shall not establish a rental

33-16  agreement with a physician or entity that employs physicians that requires

33-17  any portion of his medical practice to be referred to the hospital or related

33-18  entity.

33-19  2.  The rent required of a physician or entity which employs physicians

33-20  by a hospital or related entity must not be less than 75 percent of the rent

33-21  for comparable office space leased to another physician or other lessee in

33-22  the building, or in a comparable building owned by the hospital or entity.

33-23  3.  A hospital or related entity shall not pay any portion of the rent of a

33-24  physician or entity which employs physicians within facilities not owned or

33-25  operated by the hospital or related entity, unless the resulting rent is no

33-26  lower than the highest rent for which the hospital or related entity rents

33-27  comparable office space to other physicians.

33-28  4.  A health facility shall not offer any provider of medical care any

33-29  financial inducement, excluding rental agreements subject to the provisions

33-30  of subsection 2 or 3, whether in the form of immediate, delayed, direct or

33-31  indirect payment to induce the referral of a patient or group of patients to

33-32  the health facility. This subsection does not prohibit bona fide gifts under

33-33  $100, or reasonable promotional food or entertainment.

33-34  5.  The provisions of subsections 1 to 4, inclusive, do not apply to

33-35  hospitals in a county whose population is less than [35,000.] 50,000.

33-36  6.  A hospital, if acting as a billing agent for a medical practitioner

33-37  performing services in the hospital, shall not add any charges to the

33-38  practitioner’s bill for services other than a charge related to the cost of

33-39  processing the billing.

33-40  7.  A hospital or related entity shall not offer any financial inducement

33-41  to an officer, employee or agent of an insurer, a person acting as an insurer

33-42  or self- insurer or a related entity. A person shall not accept such offers.

33-43  This subsection does not prohibit bona fide gifts of under $100 in value, or

33-44  reasonable promotional food or entertainment.

33-45  8.  A hospital or related entity shall not sell goods or services to a

33-46  physician unless the costs for such goods and services are at least equal to

33-47  the cost for which the hospital or related entity pays for the goods and

33-48  services.

34-1    9.  Except as otherwise provided in this subsection, a practitioner or

34-2  health facility shall not refer a patient to a health facility or service in

34-3  which the referring party has a financial interest unless the referring party

34-4  first discloses the interest to the patient. This subsection does not apply to

34-5  practitioners subject to the provisions of NRS 439B.425.

34-6    10.  The director may, at reasonable intervals, require a hospital or

34-7  related entity or other party to an agreement to submit copies of operative

34-8  contracts subject to the provisions of this section after notification by

34-9  registered mail. The contracts must be submitted within 30 days after

34-10  receipt of the notice. Contracts submitted pursuant to this subsection are

34-11  confidential, except in cases in which an action is brought pursuant to

34-12  subsection 11.

34-13  11.  A person who willfully violates any provision of this section is

34-14  liable to the State of Nevada for:

34-15  (a) A civil penalty in an amount of not more than $5,000 per

34-16  occurrence, or 100 percent of the value of the illegal transaction, whichever

34-17  is greater.

34-18  (b) Any reasonable expenses incurred by the state in enforcing this

34-19  section.

34-20  Any money recovered pursuant to this subsection as a civil penalty must be

34-21  deposited in a separate account in the state general fund and used for

34-22  projects intended to benefit the residents of this state with regard to health

34-23  care. Money in the account may only be withdrawn by act of the

34-24  legislature.

34-25  12.  As used in this section, “related entity” means an affiliated person

34-26  or subsidiary as those terms are defined in NRS 439B.430.

34-27  Sec. 43.  NRS 444A.040 is hereby amended to read as follows:

34-28  444A.040  1.  The board of county commissioners in a county whose

34-29  population is [more than 100,000,] 100,000 or more, or its designee, shall

34-30  make available for use in that county a program for:

34-31  (a) The separation at the source of recyclable material from other solid

34-32  waste originating from the residential premises and public buildings where

34-33  services for the collection of solid waste are provided.

34-34  (b) The establishment of recycling centers for the collection and

34-35  disposal of recyclable material where existing recycling centers do not

34-36  carry out the purposes of the program.

34-37  (c) The disposal of hazardous household products which are capable of

34-38  causing harmful physical effects if inhaled, absorbed or ingested. This

34-39  program may be included as a part of any other program made available

34-40  pursuant to this subsection.

34-41  2.  The board of county commissioners of a county whose population is

34-42  [more than 25,000 but not more than 100,000,] 40,000 or more but less

34-43  than 100,000, or its designee:

34-44  (a) May make available for use in that county a program for the

34-45  separation at the source of recyclable material from other solid waste

34-46  originating from the residential premises and public buildings where

34-47  services for the collection of solid waste are provided.

34-48  (b) Shall make available for use in that county a program for:

35-1      (1) 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 established pursuant to

35-4  paragraph (a).

35-5      (2) The disposal of hazardous household products which are capable

35-6  of causing harmful physical effects if inhaled, absorbed or ingested. This

35-7  program may be included as a part of any other program made available

35-8  pursuant to this subsection.

35-9    3.  The board of county commissioners of a county whose population is

35-10  [not more than 25,000,] less than 40,000, or its designee, may make

35-11  available for use in that county a program for:

35-12  (a) The separation at the source of recyclable material from other solid

35-13  waste originating from the residential premises and public buildings where

35-14  services for the collection of solid waste are provided.

35-15  (b) The establishment of recycling centers for the collection and

35-16  disposal of recyclable material where existing recycling centers do not

35-17  carry out the purposes of the program.

35-18  (c) The disposal of hazardous household products which are capable of

35-19  causing harmful physical effects if inhaled, absorbed or ingested. This

35-20  program may be included as a part of any other program made available

35-21  pursuant to this subsection.

35-22  4.  Any program made available pursuant to this section:

35-23  (a) Must not:

35-24     (1) Conflict with the standards adopted by the state environmental

35-25  commission pursuant to NRS 444A.020; and

35-26     (2) Become effective until approved by the department.

35-27  (b) May be based on the model plans adopted pursuant to NRS

35-28  444A.030.

35-29  5.  The governing body of a municipality may adopt and carry out

35-30  within the municipality such programs made available pursuant to this

35-31  section as are deemed necessary and appropriate for that municipality.

35-32  6.  Any municipality may, with the approval of the governing body of

35-33  an adjoining municipality, participate in any program adopted by the

35-34  adjoining municipality pursuant to subsection 5.

35-35  7.  Persons residing on an Indian reservation or Indian colony may

35-36  participate in any program adopted pursuant to subsection 5 by a

35-37  municipality in which the reservation or colony is located if the governing

35-38  body of the reservation or colony adopts an ordinance requesting such

35-39  participation. Upon receipt of such a request, the governing body of the

35-40  municipality shall make available to the residents of the reservation or

35-41  colony those programs requested.

35-42  Sec. 44.  NRS 445A.500 is hereby amended to read as follows:

35-43  445A.500  1.  Each permit issued by the department must ensure

35-44  compliance with the following factors whenever applicable to the

35-45  discharge or the injection of fluids through a well for which the permit is

35-46  sought:

35-47  (a) Effluent limitations;

35-48  (b) Standards of performance for new sources;

35-49  (c) Standards for pretreatment;

36-1    (d) Standards for injections of fluids through a well; and

36-2    (e) Any more stringent limitations, including any necessary to meet or

36-3  effectuate standards of water quality, standards of treatment or schedules of

36-4  compliance developed by the department as part of a continuing planning

36-5  process or areawide plan for the management of the treatment of waste

36-6  under NRS 445A.580 or in furthering the purposes and goals of NRS

36-7  445A.300 to 445A.730, inclusive.

36-8    2.  Each permit must specify average and maximum daily or other

36-9  appropriate quantitative limitations for the level of pollutants or

36-10  contaminants in the authorized discharge or injection.

36-11  3.  If an application is made to discharge from a point source into any

36-12  waters of this state which flow directly or ultimately into an irrigation

36-13  reservoir upstream from which are located urban areas in two or more

36-14  counties and if each county has a population of [35,000] 50,000 or more,

36-15  the department must give notice of the application to each city, county,

36-16  unincorporated town and irrigation district located downstream from the

36-17  point of discharge. Notice to an unincorporated town must be given to the

36-18  town board or advisory council if there is one.

36-19  Sec. 45.  NRS 445A.590 is hereby amended to read as follows:

36-20  445A.590  1.  The department shall notify each interested person and

36-21  appropriate governmental agency of each complete application for a

36-22  permit, and shall provide them an opportunity to submit their written views

36-23  and recommendations thereon. The provisions of this subsection do not

36-24  apply to an application for a temporary permit issued pursuant to NRS

36-25  445A.485.

36-26  2.  Notification must be in the manner provided in the regulations

36-27  adopted by the commission pursuant to applicable federal law.

36-28  3.  If the treatment works are to discharge into any waters of this state

36-29  which flow directly or ultimately into an irrigation reservoir upstream from

36-30  which are located urban areas in two or more counties and if each county

36-31  has a population of [35,000] 50,000 or more, the department must include

36-32  in its notification each city, county, unincorporated town and irrigation

36-33  district located downstream from the point of discharge. Notice to an

36-34  unincorporated town must be given to the town board or advisory council if

36-35  there is one.

36-36  Sec. 46.  NRS 449.0177 is hereby amended to read as follows:

36-37  449.0177  “Rural hospital” means a hospital with 85 or fewer beds

36-38  which is:

36-39  1.  The sole institutional provider of health care located within a county

36-40  whose population is less than 100,000;

36-41  2.  The sole institutional provider of health care located within a city

36-42  whose population is less than [20,000;] 25,000; or

36-43  3.  Maintained and governed pursuant to NRS 450.550 to 450.750,

36-44  inclusive.

36-45  Sec. 47.  NRS 459.558 is hereby amended to read as follows:

36-46  459.558  1.  The provisions of NRS 459.560 and 459.565 that concern

36-47  hazardous substances do not apply:

36-48  (a) In a county whose population is less than [40,000;] 50,000;

36-49  (b) To mining or agricultural activities; or

37-1    (c) To other facilities or locations where the quantity of any one

37-2  hazardous substance at any one facility or location does not exceed 1,000

37-3  kilograms at any time.

37-4    2.  All other provisions of NRS 459.560 and 459.565, including the

37-5  provisions concerning hazardous waste, apply to all counties and all

37-6  industries without regard to volume.

37-7    Sec. 48.  NRS 477.030 is hereby amended to read as follows:

37-8    477.030  1.  Except as otherwise provided in this section, the state fire

37-9  marshal shall enforce all laws and adopt regulations relating to:

37-10  (a) The prevention of fire.

37-11  (b) The storage and use of:

37-12     (1) Combustibles, flammables and fireworks; and

37-13     (2) Explosives in any commercial construction, but not in mining or

37-14  the control of avalanches,

37-15  under those circumstances that are not otherwise regulated by the division

37-16  of industrial relations of the department of business and industry pursuant

37-17  to NRS 618.890.

37-18  (c) The safety, access, means and adequacy of exit in case of fire from

37-19  mental and penal institutions, facilities for the care of children, foster

37-20  homes, residential facilities for groups, facilities for intermediate care,

37-21  nursing homes, hospitals, schools, all buildings, except private residences,

37-22  which are occupied for sleeping purposes, buildings used for public

37-23  assembly and all other buildings where large numbers of persons work, live

37-24  or congregate for any purpose. As used in this paragraph, “public

37-25  assembly” means a building or a portion of a building used for the

37-26  gathering together of 50 or more persons for purposes of deliberation,

37-27  education, instruction, worship, entertainment, amusement or awaiting

37-28  transportation, or the gathering together of 100 or more persons in

37-29  establishments for drinking or dining.

37-30  (d) The suppression and punishment of arson and fraudulent claims or

37-31  practices in connection with fire losses.

37-32  The regulations of the state fire marshal apply throughout the state, but,

37-33  except with respect to state-owned or state-occupied buildings, his

37-34  authority to enforce them or conduct investigations under this chapter does

37-35  not extend to a county whose population is [50,000] 100,000 or more or

37-36  which has been converted into a consolidated municipality, except in those

37-37  local jurisdictions in those counties where he is requested to exercise that

37-38  authority by the chief officer of the organized fire department of that

37-39  jurisdiction.

37-40  2.  The state fire marshal may set standards for equipment and

37-41  appliances pertaining to fire safety or to be used for fire protection within

37-42  this state, including the threads used on fire hose couplings and hydrant

37-43  fittings.

37-44  3.  The state fire marshal shall cooperate with the state forester

37-45  firewarden in the preparation of regulations relating to standards for fire

37-46  retardant roofing materials pursuant to paragraph (e) of subsection 1 of

37-47  NRS 472.040.

37-48  4.  The state fire marshal shall cooperate with the division of child and

37-49  family services of the department of human resources in establishing

38-1  reasonable minimum standards for overseeing the safety of and directing

38-2  the means and adequacy of exit in case of fire from family foster homes

38-3  and group foster homes.

38-4    5.  The state fire marshal shall coordinate all activities conducted

38-5  pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money

38-6  allocated by the United States pursuant to that act.

38-7    6.  Except as otherwise provided in subsection 10, the state fire marshal

38-8  shall:

38-9    (a) Investigate any fire which occurs in a county other than one whose

38-10  population is [50,000] 100,000 or more or which has been converted into a

38-11  consolidated municipality, and from which a death results or which is of a

38-12  suspicious nature.

38-13  (b) Investigate any fire which occurs in a county whose population is

38-14  [50,000] 100,000 or more or which has been converted into a consolidated

38-15  municipality, and from which a death results or which is of a suspicious

38-16  nature, if requested to do so by the chief officer of the fire department in

38-17  whose jurisdiction the fire occurs.

38-18  (c) Cooperate with the commissioner of insurance in any investigation

38-19  of a fraudulent claim under an insurance policy for any fire of a suspicious

38-20  nature.

38-21  (d) Cooperate with any local fire department in the investigation of any

38-22  report received pursuant to NRS 629.045.

38-23  (e) Provide specialized training in investigating the causes of fires if

38-24  requested to do so by the chief officer of an organized fire department.

38-25  7.  The state fire marshal shall put the National Fire Incident Reporting

38-26  System into effect throughout the state and publish at least annually a

38-27  summary of data collected under the system.

38-28  8.  The state fire marshal shall provide assistance and materials to local

38-29  authorities, upon request, for the establishment of programs for public

38-30  education and other fire prevention activities.

38-31  9.  The state fire marshal shall:

38-32  (a) Assist in checking plans and specifications for construction;

38-33  (b) Provide specialized training to local fire departments; and

38-34  (c) Assist local governments in drafting regulations and ordinances,

38-35  on request or as he deems necessary.

38-36  10.  In a county other than one whose population is [50,000] 100,000 or

38-37  more or which has been converted into a consolidated municipality, the

38-38  state fire marshal shall, upon request by a local government, delegate to the

38-39  local government by interlocal agreement all or a portion of his authority or

38-40  duties if the local government’s personnel and programs are, as determined

38-41  by the state fire marshal, equally qualified to perform those functions. If a

38-42  local government fails to maintain the qualified personnel and programs in

38-43  accordance with such an agreement, the state fire marshal shall revoke the

38-44  agreement.

38-45  Sec. 49.  NRS 477.100 is hereby amended to read as follows:

38-46  477.100  As used in NRS 477.110 to 477.170, inclusive, unless the

38-47  context otherwise requires, “authority” means:

39-1    1.  The state fire marshal in a county other than one whose population

39-2  is [50,000] 100,000 or more or which has been converted into a

39-3  consolidated municipality;

39-4    2.  Unless the county has enacted an ordinance designating the persons

39-5  who constitute the authority, the chief building official and chief officer of

39-6  the fire service of the jurisdiction in a county whose population is [50,000]

39-7  100,000 or more or which has been converted into a consolidated

39-8  municipality, and if they are unable to agree on any question, “authority”

39-9  includes the county manager or city manager, who shall cast the deciding

39-10  vote on that question; or

39-11  3.  If the board of county commissioners of a county whose population

39-12  is [50,000] 100,000 or more or which has been converted into a

39-13  consolidated municipality, or the governing body of a city in that county,

39-14  has specified a person or persons to act as the authority, that person or

39-15  those persons.

39-16  Sec. 50.  NRS 482.225 is hereby amended to read as follows:

39-17  482.225  1.  When application is made to the department for

39-18  registration of a vehicle purchased in this state from a person other than a

39-19  retailer required to be registered with the department of taxation or of a

39-20  vehicle purchased outside this state and not previously registered within

39-21  this state where the registrant or owner at the time of purchase was not a

39-22  resident of or employed in this state, the department or its agent shall

39-23  determine and collect any sales or use tax due and shall remit the tax to the

39-24  department of taxation except as otherwise provided in NRS 482.260.

39-25  2.  If the registrant or owner of the vehicle was a resident of the state,

39-26  or employed within the state, at the time of the purchase of that vehicle, it

39-27  is presumed that the vehicle was purchased for use within the state and the

39-28  representative or agent of the department of taxation shall collect the tax

39-29  and remit it to the department of taxation.

39-30  3.  Until all applicable taxes and fees are collected, the department shall

39-31  refuse to register the vehicle.

39-32  4.  In any county whose population is less than [35,000,] 50,000, the

39-33  department shall designate the county assessor as the agent of the

39-34  department for the collection of any sales or use tax.

39-35  5.  If the registrant or owner desires to refute the presumption stated in

39-36  subsection 2 that he purchased the vehicle for use in this state, he must pay

39-37  the tax to the department and then may submit his claim for exemption in

39-38  writing, signed by him or his authorized representative, to the department

39-39  together with his claim for refund of tax erroneously or illegally collected.

39-40  6.  If the department finds that the tax has been erroneously or illegally

39-41  collected, the tax must be refunded.

39-42  Sec. 51.  NRS 483.250 is hereby amended to read as follows:

39-43  483.250  The department shall not issue any license under the

39-44  provisions of NRS 483.010 to 483.630, inclusive:

39-45  1.  To any person who is under the age of 18 years, except that the

39-46  department may issue:

39-47  (a) A restricted license to a person between the ages of 14 and 18 years

39-48  pursuant to the provisions of NRS 483.267 and 483.270.

40-1    (b) An instruction permit to a person who is at least 15 1/2 years of age

40-2  pursuant to the provisions of subsection 1 of NRS 483.280.

40-3    (c) A restricted instruction permit to a person under the age of 18 years

40-4  pursuant to the provisions of subsection 3 of NRS 483.280.

40-5    (d) Except as otherwise provided in paragraph (e), a license to a person

40-6  between the ages of 16 and 18 years who has completed a course:

40-7      (1) In automobile driver education pursuant to NRS 389.090; or

40-8      (2) Provided by a school for training drivers licensed pursuant to

40-9  NRS 483.700 to 483.780, inclusive, if the course complies with the

40-10  applicable regulations governing the establishment, conduct and scope of

40-11  automobile driver education adopted by the state board of education

40-12  pursuant to NRS 389.090,

40-13  and who has at least 50 hours of experience in driving a motor vehicle with

40-14  a restricted license, instruction permit or restricted instruction permit issued

40-15  pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

40-16  guardian of a person who desires to obtain a license pursuant to this

40-17  paragraph must sign and submit to the department a form provided by the

40-18  department which attests that the person who desires a license has

40-19  completed the training and experience required by this paragraph.

40-20  (e) A license to a person who is between the ages of 16 and 18 years if:

40-21     (1) The public school in which he is enrolled is located in a county

40-22  whose population is less than [35,000] 50,000 or in a city or town whose

40-23  population is less than 25,000;

40-24     (2) The public school does not offer automobile driver education;

40-25     (3) He has at least 50 hours of experience in driving a motor vehicle

40-26  with a restricted license, instruction permit or restricted instruction permit

40-27  issued pursuant to NRS 483.267, 483.270 or 483.280; and

40-28     (4) His parent or legal guardian signs and submits to the department a

40-29  form provided by the department which attests that the person who desires

40-30  a license has completed the experience required by subparagraph (3).

40-31  2.  To any person whose license has been revoked until the expiration

40-32  of the period during which he is not eligible for a license.

40-33  3.  To any person whose license has been suspended, but, upon good

40-34  cause shown to the administrator, the department may issue a restricted

40-35  license to him or shorten any period of suspension.

40-36  4.  To any person who has previously been adjudged to be afflicted

40-37  with or suffering from any mental disability or disease and who has not at

40-38  the time of application been restored to legal capacity.

40-39  5.  To any person who is required by NRS 483.010 to 483.630,

40-40  inclusive, to take an examination, unless he has successfully passed the

40-41  examination.

40-42  6.  To any person when the administrator has good cause to believe that

40-43  by reason of physical or mental disability that person would not be able to

40-44  operate a motor vehicle safely.

40-45  7.  To any person who is not a resident of this state.

40-46  8.  To any child who is the subject of a court order issued pursuant to

40-47  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

40-48  62.228 which delays his privilege to drive.

41-1    9.  To any person who is the subject of a court order issued pursuant to

41-2  NRS 206.330 which suspends or delays his privilege to drive until the

41-3  expiration of the period of suspension or delay.

41-4    Sec. 52.  NRS 483.270 is hereby amended to read as follows:

41-5    483.270  1.  The department may issue a restricted license to any pupil

41-6  between the ages of 14 and 18 years who is attending:

41-7    (a) A public school in a school district in this state in a county whose

41-8  population is less than [35,000] 50,000 or in a city or town whose

41-9  population is less than 25,000 when transportation to and from school is

41-10  not provided by the board of trustees of the school district, if the pupil

41-11  meets the requirements for eligibility adopted by the department pursuant

41-12  to subsection 5; or

41-13  (b) A private school meeting the requirements for approval under NRS

41-14  392.070 when transportation to and from school is not provided by the

41-15  private school,

41-16  and it is impossible or impracticable to furnish such pupil with private

41-17  transportation to and from school.

41-18  2.  An application for the issuance of a restricted license under this

41-19  section must:

41-20  (a) Be made upon a form provided by the department.

41-21  (b) Be signed and verified as provided in NRS 483.300.

41-22  (c) Contain such other information as may be required by the

41-23  department.

41-24  3.  Any restricted license issued pursuant to this section:

41-25  (a) Is effective only for the school year during which it is issued or for a

41-26  more restricted period.

41-27  (b) Authorizes the licensee to drive a motor vehicle on a street or

41-28  highway only while going to and from school, and at a speed not in excess

41-29  of the speed limit set by law for school buses.

41-30  (c) May contain such other restrictions as the department may deem

41-31  necessary and proper.

41-32  (d) May authorize the licensee to transport as passengers in a motor

41-33  vehicle driven by him, only while he is going to and from school, members

41-34  of his immediate family, or other minor persons upon written consent of

41-35  the parents or guardians of such minors, but in no event may the number of

41-36  passengers so transported at any time exceed the number of passengers for

41-37  which the vehicle was designed.

41-38  4.  No restricted license may be issued under the provisions of this

41-39  section until the department is satisfied fully as to the applicant’s

41-40  competency and fitness to drive a motor vehicle.

41-41  5.  The department shall adopt regulations that set forth the

41-42  requirements for eligibility of a pupil to receive a restricted license

41-43  pursuant to paragraph (a) of subsection 1.

41-44  Sec. 53.  NRS 629.045 is hereby amended to read as follows:

41-45  629.045  1.  Every provider of health care to whom any person comes

41-46  or is brought for the treatment of:

41-47  (a) Second or third degree burns to 5 percent or more of his body;

41-48  (b) Burns to his upper respiratory tract or laryngeal edema resulting

41-49  from the inhalation of heated air; or

42-1    (c) Burns which may result in death,

42-2  shall promptly report that information to the appropriate local fire

42-3  department.

42-4    2.  The report required by subsection 1 must include:

42-5    (a) The name and address of the person treated, if known;

42-6    (b) The location of the person treated; and

42-7    (c) The character and extent of his injuries.

42-8    3.  A person required to make a report pursuant to subsection 1 shall,

42-9  within 3 working days after treating the person, submit a written report to:

42-10  (a) The appropriate local fire department in counties whose population

42-11  is [25,000] 40,000 or more; or

42-12  (b) The state fire marshal in counties whose population is less than

42-13  [25,000.] 40,000.

42-14  The report must be on a form provided by the state fire marshal.

42-15  4.  A provider of health care, his agents and employees are immune

42-16  from any civil action for any disclosures made in good faith in accordance

42-17  with the provisions of this section or any consequential damages.

42-18  Sec. 54.  NRS 644.217 is hereby amended to read as follows:

42-19  644.217  1.  The board may issue a certificate of registration as a

42-20  cosmetologist’s apprentice to a person if:

42-21  (a) The person is a resident of a county whose population is less than

42-22  [35,000;] 50,000;

42-23  (b) The person is required to travel more than 60 miles from his place of

42-24  residence to attend a licensed school of cosmetology; and

42-25  (c) The training of the person as a cosmetologist’s apprentice will be

42-26  conducted at a licensed cosmetological establishment that is located in such

42-27  a county.

42-28  2.  An applicant for a certificate of registration as a cosmetologist’s

42-29  apprentice must submit an application to the board on a form prescribed by

42-30  the board. The application must be accompanied by a fee of $100 and must

42-31  include:

42-32  (a) A statement signed by the licensed cosmetologist who will be

42-33  supervising and training the cosmetologist’s apprentice which states that

42-34  the licensed cosmetologist has been licensed by the board to practice

42-35  cosmetology in this state for not less than 3 years immediately preceding

42-36  the date of the application and that his license has been in good standing

42-37  during that period;

42-38  (b) A statement signed by the owner of the licensed cosmetological

42-39  establishment where the applicant will be trained which states that the

42-40  owner will permit the applicant to be trained as a cosmetologist’s

42-41  apprentice at the cosmetological establishment; and

42-42  (c) Such other information as the board may require by regulation.

42-43  3.  A certificate of registration as a cosmetologist’s apprentice is valid

42-44  for 2 years after the date on which it is issued and may be renewed by the

42-45  board upon good cause shown.

42-46  Sec. 55.  NRS 647.060 is hereby amended to read as follows:

42-47  647.060  1.  At the time of purchase by any junk dealer of any hides

42-48  or junk, the junk dealer shall require the person vending the hides or junk

42-49  to subscribe a statement containing the following information:

43-1    (a) When, where and from whom the vendor obtained the property.

43-2    (b) The vendor’s age, residence, including the city or town, and the

43-3  street and number, if any, of the residence, and such other information as is

43-4  reasonably necessary to enable the residence to be located.

43-5    (c) The name of the employer, if any, of the vendor and the place of

43-6  business or employment of the employer.

43-7    2.  Except as otherwise provided in subsection 3, the junk dealer shall

43-8  on the next business day:

43-9    (a) File the original statement subscribed by the vendor in the office of

43-10  the sheriff of the county where the purchase was made; and

43-11  (b) If the purchase was made in a city or town, file a copy of the

43-12  statement with the chief of police of that city or town.

43-13  3.  In a county whose population is [30,000] 45,000 or less, the original

43-14  statement may be filed in the office of the sheriff’s deputy for transmission

43-15  to the sheriff.

43-16  Sec. 56.  NRS 690B.015 is hereby amended to read as follows:

43-17  690B.015  1.  The commissioner shall annually conduct a survey of

43-18  licensed operators of body shops in this state to determine:

43-19  (a) The rates charged by such operators for painting and other repairs;

43-20  and

43-21  (b) The difference, if any, between the amount paid by the operators for

43-22  new and used parts acquired for repairs and the amount charged to

43-23  customers for those parts.

43-24  2.  The information obtained by the survey must be compiled in a

43-25  written report, which must set forth information relating to:

43-26  (a) Each county separately whose population is 50,000 or more ; [than

43-27  35,000;] and

43-28  (b) The remaining counties of the state.

43-29  The report is a public record for the purposes of NRS 239.010.

43-30  Sec. 57.  NRS 695G.175 is hereby amended to read as follows:

43-31  695G.175  1.  If a managed care organization contracts for the

43-32  provision of emergency medical services, outpatient services or inpatient

43-33  services with a hospital or other licensed health care facility that provides

43-34  acute care and is located in a city whose population is less than [45,000]

43-35  60,000 or a county whose population is less than 100,000, the managed

43-36  care organization shall not:

43-37  (a) Prohibit an insured from receiving services covered by the health

43-38  care plan of the insured at that hospital or licensed health care facility if the

43-39  services are provided by a provider of health care with whom the managed

43-40  care organization has contracted for the provision of the services;

43-41  (b) Refuse to provide coverage for services covered by the health care

43-42  plan of an insured that are provided to the insured at that hospital or

43-43  licensed health care facility if the services were provided by a provider of

43-44  health care with whom the managed care organization has contracted for

43-45  the provision of the services;

43-46  (c) Refuse to pay a provider of health care with whom the managed care

43-47  organization has contracted for the provision of services for providing

43-48  services to an insured at that hospital or licensed health care facility if the

43-49  services are covered by the health care plan of the insured;

44-1    (d) Discourage a provider of health care with whom the managed care

44-2  organization has contracted for the provision of services from providing

44-3  services to an insured at that hospital or licensed health care facility that

44-4  are covered by the health care plan of the insured; or

44-5    (e) Offer or pay any type of material inducement, bonus or other

44-6  financial incentive to a provider of health care:

44-7      (1) To provide services to an insured that are covered by the health

44-8  care plan of the insured at another hospital or licensed health care facility;

44-9  or

44-10     (2) Not to provide services to an insured at that hospital or licensed

44-11  health care facility that are covered by the health care plan of the insured.

44-12  2.  Nothing in this section prohibits a managed care organization from

44-13  informing an insured that enhanced health care services are available at a

44-14  hospital or licensed health care facility other than the hospital or licensed

44-15  health care facility described in subsection 1 with which the managed care

44-16  organization contracts for the provision of emergency medical services,

44-17  outpatient services or inpatient services.

44-18  Sec. 58.  NRS 710.147 is hereby amended to read as follows:

44-19  710.147  1.  The governing body of a county whose population is

44-20  [35,000] 50,000 or more:

44-21  (a) Shall not sell telecommunications service to the general public.

44-22  (b) May purchase or construct facilities for providing

44-23  telecommunications that intersect with public rights of way if the

44-24  governing body:

44-25     (1) Conducts a study to evaluate the costs and benefits associated

44-26  with purchasing or constructing the facilities; and

44-27     (2) Determines from the results of the study that the purchase or

44-28  construction is in the interest of the general public.

44-29  2.  Any information relating to the study conducted pursuant to

44-30  subsection 1 must be maintained by the county clerk and made available

44-31  for public inspection during the business hours of the office of the county

44-32  clerk.

44-33  3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an

44-34  airport may sell telecommunications service to the general public.

44-35  4.  As used in this section:

44-36  (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. §

44-37  153(43), as that section existed on July 16, 1997.

44-38  (b) “Telecommunications service” has the meaning ascribed to it in 47

44-39  U.S.C. § 153(46), as that section existed on July 16, 1997.

44-40  Sec. 59.  NRS 711.175 is hereby amended to read as follows:

44-41  711.175  Except as otherwise provided in NRS 318.1192, 318.1193 and

44-42  318.1194:

44-43  1.  The governing body of a county whose population is [35,000]

44-44  50,000 or more shall not sell the services of a community antenna

44-45  television system to the general public.

44-46  2.  The governing body of a city whose population is 25,000 or more

44-47  shall not sell the services of a community antenna television system to the

44-48  general public.

45-1      Sec. 60. Section 12 of Assembly Bill No. 487 of this session is

45-2  hereby amended to read as follows:

45-3    Sec. 12. NRS 283.040 is hereby amended to read as follows:

45-4    283.040  1.  Every office becomes vacant upon the occurring of

45-5  any of the following events before the expiration of the term:

45-6    (a) The death or resignation of the incumbent.

45-7    (b) The removal of the incumbent from office.

45-8    (c) The confirmed insanity of the incumbent, found by a court of

45-9  competent jurisdiction.

45-10  (d) A conviction of the incumbent of any felony or offense

45-11  involving a violation of his official oath or bond or a violation of NRS

45-12  241.040, 293.1755 or 293C.200.

45-13  (e) A refusal or neglect of the person elected or appointed to take

45-14  the oath of office, as prescribed in NRS 282.010, or, when a bond is

45-15  required by law, his refusal or neglect to give the bond within the time

45-16  prescribed by law.

45-17  (f) Except as otherwise provided in NRS 266.400, the ceasing of

45-18  the incumbent to be an actual, as opposed to constructive, resident of

45-19  the state, district, county, city, ward or other unit prescribed by law in

45-20  which the duties of his office are to be exercised, or from which he

45-21  was elected or appointed, or in which he was required to reside to be a

45-22  candidate for office or appointed to office.

45-23  (g) The neglect or refusal of the incumbent to discharge the duties

45-24  of his office for a period of 30 days, except when prevented by

45-25  sickness or absence from the state or county, as provided by law. In a

45-26  county whose population is less than 15,000, after an incumbent, other

45-27  than a state officer, has been prevented by sickness from discharging

45-28  the duties of his office for at least 6 months, the district attorney,

45-29  either on his own volition or at the request of another person, may

45-30  petition the district court to declare the office vacant. If the incumbent

45-31  holds the office of district attorney, the attorney general, either on his

45-32  own volition or at the request of another person, may petition the

45-33  district court to declare the office vacant. The district court shall hold

45-34  a hearing to determine whether to declare the office vacant and, in

45-35  making its determination, shall consider evidence relating to:

45-36     (1) The medical condition of the incumbent;

45-37     (2) The extent to which illness, disease or physical weakness has

45-38  rendered the incumbent unable to manage independently and perform

45-39  the duties of his office; and

45-40     (3) The extent to which the absence of the incumbent has had a

45-41  detrimental effect on the applicable governmental entity.

45-42  (h) The decision of a competent tribunal declaring the election or

45-43  appointment void or the office vacant.

45-44  (i) A determination pursuant to section 2 or 8 of this act that the

45-45  incumbent fails to meet any qualification required for the office.

45-46  2.  Upon the happening of any of the events described in

45-47  subsection 1, if the incumbent fails or refuses to relinquish his office,

45-48  the attorney general shall, if the office is a state office or concerns

45-49  more than one county, or the district attorney shall, if the office is a

46-1  county office or concerns territory within one county, commence and

46-2  prosecute, in a court of competent jurisdiction, any proceedings for

46-3  judgment and decree declaring that office vacant.

46-4    Sec. 61.  The legislature declares that in enacting this act it has

46-5  reviewed each of the classifications by population amended by this act, has

46-6  considered the suggestions of the several counties and of other interested

46-7  persons in the state relating to whether any should be retained unchanged

46-8  or amended differently, and has found that each of the sections in which a

46-9  criterion of population has been changed should not under present

46-10  conditions apply to a county larger or smaller, as the case may be, than the

46-11  new criterion established.

46-12  Sec. 62.  1.  This section and sections 1, 3, and 5 to 60, inclusive, of

46-13  this act become effective on July 1, 2001.

46-14  2.  Section 4 of this act becomes effective at 12:01 a.m. on July 1,

46-15  2001.

 

46-16  H