(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.  Before a building department issues a permit to place a

7-42  manufactured home on a lot pursuant to this section, other than a new

7-43  manufactured home, the owner must surrender the certificate of ownership

7-44  to the manufactured housing division of the department of business and

7-45  industry. The division shall provide proof of such a surrender to the owner

7-46  who must submit that proof to the building department.

7-47  5.  The provisions of this section do not abrogate a recorded restrictive

7-48  covenant prohibiting manufactured homes nor do the provisions apply

7-49  within the boundaries of a historic district established pursuant to NRS

8-1  384.005 or 384.100. An application to place a manufactured home on a

8-2  residential lot pursuant to this section constitutes an attestation by the

8-3  owner of the lot that the placement complies with all covenants, conditions

8-4  and restrictions placed on the lot and that the lot is not located within a

8-5  historic district.

8-6    6.  As used in this section:

8-7    (a) “Manufactured home” has the meaning ascribed to it in NRS

8-8  489.113.

8-9    (b) “New manufactured home” has the meaning ascribed to it in NRS

8-10  489.125.

8-11    Sec. 15.  NRS 278.0262 is hereby amended to read as follows:

8-12    278.0262  1.  There is hereby created in each county whose

8-13  population is 100,000 or more but less than 400,000, a regional planning

8-14  commission consisting of:

8-15    (a) Three members from the local planning commission of each city in

8-16  the county whose population is [40,000] 60,000 or more, appointed by the

8-17  respective governing bodies of those cities;

8-18    (b) One member from the local planning commission of each city in the

8-19  county whose population is less than [40,000,] 60,000, appointed by the

8-20  respective governing bodies of those cities; and

8-21    (c) Three members from the local planning commission of the county,

8-22  appointed by the governing body of the county, at least two of whom must

8-23  reside in unincorporated areas of the county.

8-24    2.  Except for the terms of the initial members of the commission, the

8-25  term of each member is 3 years and until the selection and qualification of

8-26  his successor. A member may be reappointed. A member who ceases to be

8-27  a member of the local planning commission of the jurisdiction from which

8-28  he is appointed automatically ceases to be a member of the commission. A

8-29  vacancy must be filled for the unexpired term by the governing body which

8-30  made the original appointment.

8-31    3.  The commission shall elect its chairman from among its members.

8-32  The term of the chairman is 1 year. The member elected chairman must

8-33  have been appointed by the governing body of the county or a city whose

8-34  population is [40,000] 60,000 or more, as determined pursuant to a

8-35  schedule adopted by the commission and made a part of its bylaws which

8-36  provides for the annual rotation of the chairmanship among each of those

8-37  governing bodies.

8-38    4.  A member of the commission must be compensated at the rate of

8-39  $80 per meeting or $400 per month, whichever is less.

8-40    5.  Each member of the commission must successfully complete the

8-41  course of training prescribed by the governing body pursuant to subsection

8-42  2 of NRS 278.0265 within 1 year after the date on which his term of

8-43  appointment commences. A member who fails to complete successfully the

8-44  course of training as required pursuant to this subsection forfeits his

8-45  appointment 1 year after the date on which his term of appointment

8-46  commenced.

 

 

 

9-1    Sec. 16.  NRS 278.0264 is hereby amended to read as follows:

9-2    278.0264  1.  There is hereby created in each county whose

9-3  population is 100,000 or more but less than 400,000, a governing board for

9-4  regional planning consisting of:

9-5    (a) Three representatives appointed by the board of county

9-6  commissioners, at least two of whom must represent or reside within

9-7  unincorporated areas of the county. If the representative is:

9-8       (1) A county commissioner, his district must be one of the two

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

9-10      (2) Not a county commissioner, he must reside within an

9-11  unincorporated area of the county.

9-12    (b) Four representatives appointed by the governing body of the largest

9-13  incorporated city in the county.

9-14    (c) Three representatives appointed by the governing body of every

9-15  other incorporated city in the county whose population is [40,000] 60,000

9-16  or more.

9-17    (d) One representative appointed by the governing body of each

9-18  incorporated city in the county whose population is less than [40,000.]

9-19  60,000.

9-20    2.  Except for the terms of the initial members of the governing board,

9-21  the term of each member is 3 years and until the selection and qualification

9-22  of his successor. A member may be reappointed. A vacancy must be filled

9-23  for the unexpired term by the governing body which made the original

9-24  appointment.

9-25    3.  The governing bodies may appoint representatives to the governing

9-26  board from within their respective memberships. A member of a local

9-27  governing body who is so appointed and who subsequently ceases to be a

9-28  member of that body, automatically ceases to be a member of the

9-29  governing board. The governing body may also appoint alternative

9-30  representatives who may act in the respective absences of the principal

9-31  appointees.

9-32    4.  The governing board shall elect its chairman from among its

9-33  members. The term of the chairman is 1 year. The member elected

9-34  chairman must have been appointed by the governing body of the county or

9-35  a city whose population is more than [40,000,] 60,000, as determined

9-36  pursuant to a schedule adopted by the governing board and made a part of

9-37  its bylaws which provides for the annual rotation of the chairmanship

9-38  among each of those governing bodies.

9-39    5.  A member of the governing board who is also a member of the

9-40  governing body which appointed him shall serve without additional

9-41  compensation. All other members must be compensated at the rate of $40

9-42  per meeting or $200 per month, whichever is less.

9-43    6.  The governing board may appoint such employees as it deems

9-44  necessary for its work and may contract with city planners, engineers,

9-45  architects and other consultants for such services as it requires.

9-46    7.  The local governments represented on the governing board shall

9-47  provide the necessary facilities, equipment, staff, supplies and other usual

9-48  operating expenses necessary to enable the governing board to carry out its

9-49  functions. The local governments shall enter into an agreement whereby

10-1  those costs are shared by the local governments in proportion to the

10-2  number of members that each appoints to the governing board. The

10-3  agreement must also contain a provision specifying the responsibility of

10-4  each local government, respectively, of paying for legal services needed by

10-5  the governing board or by the regional planning commission.

10-6    8.  The governing board may sue or be sued in any court of competent

10-7  jurisdiction.

10-8    9.  The governing board shall prepare and adopt an annual budget and

10-9  transmit it as a recommendation for funding to each of the local

10-10  governments.

10-11  Sec. 17.  NRS 278.030 is hereby amended to read as follows:

10-12  278.030  1.  The governing body of each city [and of each county]

10-13  whose population is 25,000 or more and of each county whose population

10-14  is 40,000 or more shall create by ordinance a planning commission to

10-15  consist of seven members.

10-16  2.  Cities [and counties] whose population is less than 25,000 and

10-17  counties whose population is less than 40,000 may create by ordinance a

10-18  planning commission to consist of seven members. If the governing body

10-19  of any city [or of any county] whose population is less than 25,000 or of

10-20  any county whose population is less than 40,000 deems the creation of a

10-21  planning commission unnecessary or inadvisable, the governing body may,

10-22  in lieu of creating a planning commission as provided in this subsection,

10-23  perform all the functions and have all of the powers which would otherwise

10-24  be granted to and be performed by the planning commission.

10-25  Sec. 18.  NRS 278.330 is hereby amended to read as follows:

10-26  278.330  1.  The initial action in connection with the making of any

10-27  subdivision is the preparation of a tentative map.

10-28  2.  The subdivider shall file copies of such map with the planning

10-29  commission or its designated representative, or with the clerk of the

10-30  governing body if there is no planning commission, together with a filing

10-31  fee in an amount determined by the governing body.

10-32  3.  The commission, its designated representative, the clerk or other

10-33  designated representative of the governing body or, when authorized by the

10-34  governing body, the subdivider or any other appropriate agency shall

10-35  distribute copies of the map and any accompanying data to all state and

10-36  local agencies charged with reviewing the proposed subdivision.

10-37  4.  If there is no planning commission, the clerk of the governing body

10-38  shall submit the tentative map to the governing body at its next regular

10-39  meeting.

10-40  5.  Except as otherwise provided by subsection 6, if there is a planning

10-41  commission, it shall:

10-42  (a) In a county whose population is [40,000] 50,000 or more, within 45

10-43  days; or

10-44  (b) In a county whose population is less than [40,000,] 50,000, within

10-45  60 days,

10-46  after accepting as a complete application a tentative map, recommend

10-47  approval, conditional approval or disapproval of the map in a written report

10-48  filed with the governing body.

11-1    6.  If the governing body has authorized the planning commission to

11-2  take final action on a tentative map, the planning commission shall:

11-3    (a) In a county whose population is [40,000] 50,000 or more, within 45

11-4  days; or

11-5    (b) In a county whose population is less than [40,000,] 50,000, within

11-6  60 days,

11-7  after accepting as a complete application a tentative map, approve,

11-8  conditionally approve or disapprove the tentative map in the manner

11-9  provided for in NRS 278.349. It shall file its written decision with the

11-10  governing body.

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

11-12  278.349  1.  Except as otherwise provided in subsection 2, the

11-13  governing body, if it has not authorized the planning commission to take

11-14  final action shall, by an affirmative vote of a majority of all the members,

11-15  approve, conditionally approve, or disapprove a tentative map filed

11-16  pursuant to NRS 278.330:

11-17  (a) In a county whose population is [40,000] 50,000 or more, within 45

11-18  days; or

11-19  (b) In a county whose population is less than [40,000,] 50,000, within

11-20  60 days,

11-21  after receipt of the planning commission’s recommendations.

11-22  2.  If there is no planning commission, the governing body shall

11-23  approve, conditionally approve or disapprove a tentative map:

11-24  (a) In a county whose population is [40,000] 50,000 or more, within 45

11-25  days; or

11-26  (b) In a county whose population is less than [40,000,] 50,000, within

11-27  60 days,

11-28  after the map is filed with the clerk of the governing body.

11-29  3.  The governing body, or planning commission if it is authorized to

11-30  take final action on a tentative map, shall consider:

11-31  (a) Environmental and health laws and regulations concerning water

11-32  and air pollution, the disposal of solid waste, facilities to supply water,

11-33  community or public sewage disposal and, where applicable, individual

11-34  systems for sewage disposal;

11-35  (b) The availability of water which meets applicable health standards

11-36  and is sufficient in quantity for the reasonably foreseeable needs of the

11-37  subdivision;

11-38  (c) The availability and accessibility of utilities;

11-39  (d) The availability and accessibility of public services such as schools,

11-40  police protection, transportation, recreation and parks;

11-41  (e) Conformity with the zoning ordinances and master plan, except that

11-42  if any existing zoning ordinance is inconsistent with the master plan, the

11-43  zoning ordinance takes precedence;

11-44  (f) General conformity with the governing body’s master plan of streets

11-45  and highways;

11-46  (g) The effect of the proposed subdivision on existing public streets and

11-47  the need for new streets or highways to serve the subdivision;

11-48  (h) Physical characteristics of the land such as flood plain, slope and

11-49  soil;

12-1    (i) The recommendations and comments of those entities reviewing the

12-2  tentative map pursuant to NRS 278.330 to 278.348, inclusive; and

12-3    (j) The availability and accessibility of fire protection, including, but not

12-4  limited to, the availability and accessibility of water and services for the

12-5  prevention and containment of fires, including fires in wild lands.

12-6    4.  The governing body or planning commission shall, by an

12-7  affirmative vote of a majority of all the members, make a final disposition

12-8  of the tentative map. Any disapproval or conditional approval must include

12-9  a statement of the reason for that action.

12-10  Sec. 20.  NRS 278.464 is hereby amended to read as follows:

12-11  278.464  1.  Except as otherwise provided in subsection 2, if there is a

12-12  planning commission, it shall:

12-13  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-14  days; or

12-15  (b) In a county whose population is less than [40,000,] 50,000, within

12-16  60 days,

12-17  after accepting as a complete application a parcel map, recommend

12-18  approval, conditional approval or disapproval of the map in a written

12-19  report. The planning commission shall submit the parcel map and the

12-20  written report to the governing body.

12-21  2.  If the governing body has authorized the planning commission to

12-22  take final action on a parcel map, the planning commission shall:

12-23  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-24  days; or

12-25  (b) In a county whose population is less than [40,000,] 50,000, within

12-26  60 days,

12-27  after accepting as a complete application the parcel map, approve,

12-28  conditionally approve or disapprove the map. It shall file its written

12-29  decision with the governing body. Unless the time is extended by mutual

12-30  agreement, if the planning commission is authorized to take final action

12-31  and it fails to take action within the period specified in this subsection, the

12-32  parcel map shall be deemed approved.

12-33  3.  If there is no planning commission or if the governing body has not

12-34  authorized the planning commission to take final action, the governing

12-35  body or, by authorization of the governing body, the director of planning or

12-36  other authorized person or agency shall:

12-37  (a) In a county whose population is [40,000] 50,000 or more, within 45

12-38  days; or

12-39  (b) In a county whose population is less than [40,000,] 50,000, within

12-40  60 days,

12-41  after acceptance of the parcel map as a complete application by the

12-42  governing body pursuant to subsection 1 or pursuant to subsection 2 of

12-43  NRS 278.461, review and approve, conditionally approve or disapprove the

12-44  parcel map. Unless the time is extended by mutual agreement, if the

12-45  governing body, the director of planning or other authorized person or

12-46  agency fails to take action within the period specified in this subsection,

12-47  the parcel map shall be deemed approved.

12-48  4.  Except as otherwise provided in NRS 278.463, if unusual

12-49  circumstances exist, a governing body or, if authorized by the governing

13-1  body, the planning commission may waive the requirement for a parcel

13-2  map. Before waiving the requirement for a parcel map, a determination

13-3  must be made by the county surveyor, city surveyor or professional land

13-4  surveyor appointed by the governing body that a survey is not required.

13-5  Unless the time is extended by mutual agreement, a request for a waiver

13-6  must be acted upon:

13-7    (a) In a county whose population is [40,000] 50,000 or more, within 45

13-8  days; or

13-9    (b) In a county whose population is less than [40,000,] 50,000, within

13-10  60 days,

13-11  after the date of the request for the waiver, or, in the absence of action, the

13-12  waiver shall be deemed approved.

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

13-14  consideration of the criteria set forth in subsection 3 of NRS 278.349 in

13-15  determining whether to approve, conditionally approve or disapprove a

13-16  second or subsequent parcel map for land that has been divided by a parcel

13-17  map which was recorded within the 5 years immediately preceding the

13-18  acceptance of the second or subsequent parcel map as a complete

13-19  application.

13-20  6.  An applicant or other person aggrieved by a decision of the

13-21  governing body’s authorized representative or by a final act of the planning

13-22  commission may appeal to the governing body within a reasonable period

13-23  to be determined, by ordinance, by the governing body. The governing

13-24  body shall render its decision:

13-25  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-26  days; or

13-27  (b) In a county whose population is less than [40,000,] 50,000, within

13-28  60 days,

13-29  after the date the appeal is filed.

13-30  7.  If a parcel map and the associated division of land are approved or

13-31  deemed approved pursuant to this section, the approval must be noted on

13-32  the map in the form of a certificate attached thereto and executed by the

13-33  clerk of the governing body, the governing body’s designated

13-34  representative or the chairman of the planning commission. A certificate

13-35  attached to a parcel map pursuant to this subsection must indicate, if

13-36  applicable, that the governing body or planning commission determined

13-37  that a public street, easement or utility easement which will not remain in

13-38  effect after a merger and resubdivision of parcels conducted pursuant to

13-39  NRS 278.4925, has been vacated or abandoned in accordance with NRS

13-40  278.480.

13-41  Sec. 21.  NRS 278.4725 is hereby amended to read as follows:

13-42  278.4725  1.  Except as otherwise provided in this section, if the

13-43  governing body has authorized the planning commission to take final

13-44  action on a final map, the planning commission shall approve,

13-45  conditionally approve or disapprove the final map, basing its action upon

13-46  the requirements of NRS 278.472:

13-47  (a) In a county whose population is [40,000] 50,000 or more, within 45

13-48  days; or

14-1    (b) In a county whose population is less than [40,000,] 50,000, within

14-2  60 days,

14-3  after accepting the final map as a complete application. The planning

14-4  commission shall file its written decision with the governing body. Except

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

14-6  mutual agreement, if the planning commission is authorized to take final

14-7  action and it fails to take action within the period specified in this

14-8  subsection, the final map shall be deemed approved unconditionally.

14-9    2.  If there is no planning commission or if the governing body has not

14-10  authorized the planning commission to take final action, the governing

14-11  body or its authorized representative shall approve, conditionally approve

14-12  or disapprove the final map, basing its action upon the requirements of

14-13  NRS 278.472:

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

14-15  days; or

14-16  (b) In a county whose population is less than [40,000,] 50,000, within

14-17  60 days,

14-18  after the final map is accepted as a complete application. Except as

14-19  otherwise provided in subsection 5 or unless the time is extended by

14-20  mutual agreement, if the governing body or its authorized representative

14-21  fails to take action within the period specified in this subsection, the final

14-22  map shall be deemed approved unconditionally.

14-23  3.  An applicant or other person aggrieved by a decision of the

14-24  authorized representative of the governing body or by a final act of the

14-25  planning commission may appeal to the governing body within a

14-26  reasonable period to be determined, by ordinance, by the governing body.

14-27  The governing body shall render its decision:

14-28  (a) In a county whose population is [40,000] 50,000 or more, within 45

14-29  days; or

14-30  (b) In a county whose population is less than [40,000,] 50,000, within

14-31  60 days,

14-32  after the date on which the appeal is filed.

14-33  4.  If the map is disapproved, the governing body or its authorized

14-34  representative or the planning commission shall return the map to the

14-35  person who proposes to divide the land, with the reason for its action and a

14-36  statement of the changes necessary to render the map acceptable.

14-37  5.  If the final map divides the land into 16 lots or more, the governing

14-38  body or its authorized representative or the planning commission shall not

14-39  approve a map, and a map shall not be deemed approved, unless:

14-40  (a) Each lot contains an access road that is suitable for use by

14-41  emergency vehicles; and

14-42  (b) The corners of each lot are set by a professional land surveyor.

14-43  6.  If the final map divides the land into 15 lots or less, the governing

14-44  body or its authorized representative or the planning commission may, if

14-45  reasonably necessary, require the map to comply with the provisions of

14-46  subsection 5.

14-47  7.  Upon approval, the map must be filed with the county recorder.

14-48  Filing with the county recorder operates as a continuing:

15-1    (a) Offer to dedicate for public roads the areas shown as proposed roads

15-2  or easements of access, which the governing body may accept in whole or

15-3  in part at any time or from time to time.

15-4    (b) Offer to grant the easements shown for public utilities, which any

15-5  public utility may similarly accept without excluding any other public

15-6  utility whose presence is physically compatible.

15-7    8.  The map filed with the county recorder must include:

15-8    (a) A certificate signed and acknowledged by each owner of land to be

15-9  divided consenting to the preparation of the map, the dedication of the

15-10  roads and the granting of the easements.

15-11  (b) A certificate signed by the clerk of the governing body or authorized

15-12  representative of the governing body or the secretary to the planning

15-13  commission that the map was approved, or the affidavit of the person

15-14  presenting the map for filing that the time limited by subsection 1 or 2 for

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

15-16  planning commission has expired and that the requirements of subsection 5

15-17  have been met. A certificate signed pursuant to this paragraph must also

15-18  indicate, if applicable, that the governing body or planning commission

15-19  determined that a public street, easement or utility easement which will not

15-20  remain in effect after a merger and resubdivision of parcels conducted

15-21  pursuant to NRS 278.4925, has been vacated or abandoned in accordance

15-22  with NRS 278.480.

15-23  (c) A written statement signed by the treasurer of the county in which

15-24  the land to be divided is located indicating that all property taxes on the

15-25  land for the fiscal year have been paid.

15-26  9.  A governing body may by local ordinance require a final map to

15-27  include:

15-28  (a) A report from a title company which lists the names of:

15-29     (1) Each owner of record of the land to be divided; and

15-30     (2) Each holder of record of a security interest in the land to be

15-31  divided, if the security interest was created by a mortgage or a deed of

15-32  trust.

15-33  (b) The signature of each owner of record of the land to be divided.

15-34  (c) The written consent of each holder of record of a security interest

15-35  listed pursuant to subparagraph (2) of paragraph (a), to the preparation and

15-36  recordation of the final map. A holder of record may consent by signing:

15-37     (1) The final map; or

15-38     (2) A separate document that is filed with the final map and declares

15-39  his consent to the division of land.

15-40  10.  After a map has been filed with the county recorder, any lot shown

15-41  thereon may be conveyed by reference to the map, without further

15-42  description.

15-43  11.  The county recorder shall charge and collect for recording the map

15-44  a fee of not more than $35 per page set by the board of county

15-45  commissioners.

15-46  12.  A county recorder who records a final map pursuant to this section

15-47  shall, within 7 working days after he records the final map, provide to the

15-48  county assessor at no charge:

15-49  (a) A duplicate copy of the final map and any supporting documents; or

16-1  (b) Access to the digital final map and any digital supporting

16-2  documents.

16-3    Sec. 22.  NRS 279.685 is hereby amended to read as follows:

16-4    279.685  1.  Except as otherwise provided in this section, an agency of

16-5  a city whose population is [200,000] 300,000 or more that receives revenue

16-6  from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall

16-7  set aside not less than 15 percent of that revenue received on or before

16-8  October 1, 1999, and 18 percent of that revenue received after October 1,

16-9  1999, to increase, improve and preserve the number of dwelling units in the

16-10  community for low-income households.

16-11  2.  The obligation of an agency to set aside not less than 15 percent of

16-12  the revenue from taxes allocated to and received by the agency pursuant to

16-13  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

16-14  existing obligations of the agency. As used in this subsection, “existing

16-15  obligations” means the principal and interest, when due, on any bonds,

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

16-17  otherwise incurred by the agency before July 1, 1993, to finance or

16-18  refinance in whole or in part, the redevelopment of a redevelopment area.

16-19  For the purposes of this subsection, obligations incurred by an agency after

16-20  July 1, 1993, shall be deemed existing obligations if the net proceeds are

16-21  used to refinance existing obligations of the agency.

16-22  3.  The obligation of an agency to set aside an additional 3 percent of

16-23  the revenue from taxes allocated to and received by the agency pursuant to

16-24  paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any

16-25  existing obligations of the agency. As used in this subsection, “existing

16-26  obligations” means the principal and interest, when due, on any bonds,

16-27  notes or other indebtedness whether funded, refunded, assumed or

16-28  otherwise incurred by the agency before October 1, 1999, to finance or

16-29  refinance in whole or in part, the redevelopment of a redevelopment area.

16-30  For the purposes of this subsection, obligations incurred by an agency after

16-31  October 1, 1999, shall be deemed existing obligations if the net proceeds

16-32  are used to refinance existing obligations of the agency.

16-33  4.  The agency may expend or otherwise commit money for the

16-34  purposes of subsection 1 outside the boundaries of the redevelopment area.

16-35  Sec. 23.  NRS 283.040 is hereby amended to read as follows:

16-36  283.040  1.  Every office becomes vacant upon the occurring of any of

16-37  the following events before the expiration of the term:

16-38  (a) The death or resignation of the incumbent.

16-39  (b) The removal of the incumbent from office.

16-40  (c) The confirmed insanity of the incumbent, found by a court of

16-41  competent jurisdiction.

16-42  (d) A conviction of the incumbent of any felony or offense involving a

16-43  violation of his official oath or bond or a violation of NRS 241.040,

16-44  293.1755 or 293C.200.

16-45  (e) A refusal or neglect of the person elected or appointed to take the

16-46  oath of office, as prescribed in NRS 282.010, or, when a bond is required

16-47  by law, his refusal or neglect to give the bond within the time prescribed by

16-48  law.

17-1    (f) Except as otherwise provided in NRS 266.400, the ceasing of the

17-2  incumbent to be an actual, as opposed to constructive, resident of the state,

17-3  district, county, city, ward or other unit prescribed by law in which the

17-4  duties of his office are to be exercised, or from which he was elected or

17-5  appointed, or in which he was required to reside to be a candidate for office

17-6  or appointed to office.

17-7    (g) The neglect or refusal of the incumbent to discharge the duties of his

17-8  office for a period of 30 days, except when prevented by sickness or

17-9  absence from the state or county, as provided by law. In a county whose

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

17-11  state officer, has been prevented by sickness from discharging the duties of

17-12  his office for at least 6 months, the district attorney, either on his own

17-13  volition or at the request of another person, may petition the district court

17-14  to declare the office vacant. If the incumbent holds the office of district

17-15  attorney, the attorney general, either on his own volition or at the request of

17-16  another person, may petition the district court to declare the office vacant.

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

17-18  office vacant and, in making its determination, shall consider evidence

17-19  relating to:

17-20     (1) The medical condition of the incumbent;

17-21     (2) The extent to which illness, disease or physical weakness has

17-22  rendered the incumbent unable to manage independently and perform the

17-23  duties of his office; and

17-24     (3) The extent to which the absence of the incumbent has had a

17-25  detrimental effect on the applicable governmental entity.

17-26  (h) The decision of a competent tribunal declaring the election or

17-27  appointment void or the office vacant.

17-28  2.  Upon the happening of any of the events described in subsection 1,

17-29  if the incumbent fails or refuses to relinquish his office, the attorney

17-30  general shall, if the office is a state office or concerns more than one

17-31  county, or the district attorney shall, if the office is a county office or

17-32  concerns territory within one county, commence and prosecute, in a court

17-33  of competent jurisdiction, any proceedings for judgment and decree

17-34  declaring that office vacant.

17-35  Sec. 24.  NRS 289.380 is hereby amended to read as follows:

17-36  289.380  1.  Except as otherwise provided in NRS 289.383, the

17-37  governing body of a city or county may create a review board by ordinance

17-38  to advise the governing body on issues concerning peace officers, school

17-39  police officers, constables and deputies of constables within the city or

17-40  county.

17-41  2.  A review board created pursuant to subsection 1 must consist of:

17-42  (a) In a city whose population is 150,000 or more or a county whose

17-43  population is 100,000 or more, 25 members; and

17-44  (b) In a city whose population is less than 150,000 or a county whose

17-45  population is less than 100,000, 12 members.

17-46  3.  Such a review board must be appointed by the governing body from

17-47  a list of names submitted by interested persons. If an insufficient number of

17-48  names of interested persons [are] is submitted, the governing body shall

17-49  appoint the remaining members in the manner it deems appropriate.

18-1    4.  A person appointed to the review board must:

18-2    (a) Be a resident of the city or county for which the review board was

18-3  created, except no member of the review board may be currently employed

18-4  as a peace officer, school police officer, constable or deputy of a constable.

18-5    (b) Complete training relating to law enforcement before serving as a

18-6  member of the review board, including, without limitation, training in the

18-7  policies and procedures of law enforcement agencies, police of school

18-8  districts and offices of constables, the provisions of NRS 289.010 to

18-9  289.120, inclusive, and the employment contracts of the peace officers,

18-10  school police officers, constables or deputies of constables.

18-11  Sec. 25.  NRS 293.464 is hereby amended to read as follows:

18-12  293.464  1.  If a court of competent jurisdiction orders a county to

18-13  extend the deadline for voting beyond the statutory deadline in a particular

18-14  election, the county clerk shall, as soon as practicable after he receives

18-15  notice of the court’s decision:

18-16  (a) Cause notice of the extended deadline to be published in a

18-17  newspaper of general circulation in the county; and

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

18-19  who requested an absent voter’s ballot for the election and has not returned

18-20  the ballot before the date on which the notice will be transmitted.

18-21  2.  The notice required pursuant to paragraph (a) of subsection 1 must

18-22  be published:

18-23  (a) In a county whose population is [30,000] 45,000 or more, on at least

18-24  3 successive days.

18-25  (b) In a county whose population is less than [30,000,] 45,000, at least

18-26  twice in successive issues of the newspaper.

18-27  Sec. 26.  NRS 295.121 is hereby amended to read as follows:

18-28  295.121  1.  In a county whose population is [50,000] 100,000 or

18-29  more, for each initiative, referendum or other question to be placed on the

18-30  ballot by the board or county clerk, including, without limitation, pursuant

18-31  to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with

18-32  the county clerk pursuant to subsection 4, appoint two committees. Except

18-33  as otherwise provided in subsection 2, one committee must be composed of

18-34  three persons who favor approval by the voters of the initiative, referendum

18-35  or other question and the other committee must be composed of three

18-36  persons who oppose approval by the voters of the initiative, referendum or

18-37  other question.

18-38  2.  If, after consulting with the county clerk pursuant to subsection 4,

18-39  the board is unable to appoint three persons who are willing to serve on a

18-40  committee, the board may appoint fewer than three persons to that

18-41  committee, but the board must appoint at least one person to each

18-42  committee appointed pursuant to this section.

18-43  3.  With respect to a committee appointed pursuant to this section:

18-44  (a) A person may not serve simultaneously on the committee that favors

18-45  approval by the voters of an initiative, referendum or other question and

18-46  the committee that opposes approval by the voters of that initiative,

18-47  referendum or other question.

18-48  (b) Members of the committee serve without compensation.

19-1    (c) The term of office for each member commences upon appointment

19-2  and expires upon the publication of the sample ballot containing the

19-3  initiative, referendum or other question.

19-4    4.  Before the board appoints a committee pursuant to [subsection 1,]

19-5  this section, the county clerk shall:

19-6    (a) Recommend to the board persons to be appointed to the committee;

19-7  and

19-8    (b) Consider recommending pursuant to paragraph (a):

19-9      (1) Any person who has expressed an interest in serving on the

19-10  committee; and

19-11     (2) A person who is a member of an organization that has expressed

19-12  an interest in having a member of the organization serve on the committee.

19-13  5.  If the board of a county whose population is [50,000] 100,000 or

19-14  more fails to appoint a committee as required pursuant to this section, the

19-15  county clerk shall appoint the committee.

19-16  6.  A committee appointed pursuant to this section:

19-17  (a) Shall elect a chairman for the committee;

19-18  (b) Shall meet and conduct its affairs as necessary to fulfill the

19-19  requirements of this section;

19-20  (c) May seek and consider comments from the general public;

19-21  (d) Shall, based on whether the members were appointed to advocate or

19-22  oppose approval by the voters of the initiative, referendum or other

19-23  question, prepare an argument either advocating or opposing approval by

19-24  the voters of the initiative, referendum or other question;

19-25  (e) Shall prepare a rebuttal to the argument prepared by the other

19-26  committee appointed pursuant to this section; and

19-27  (f) Shall submit the argument and rebuttal prepared pursuant to

19-28  paragraphs (d) and (e) to the county clerk not later than the date prescribed

19-29  by the county clerk pursuant to subsection 7.

19-30  7.  The county clerk of a county whose population is [50,000] 100,000

19-31  or more shall provide, by rule or regulation:

19-32  (a) The maximum permissible length of an argument or rebuttal

19-33  prepared pursuant to this section; and

19-34  (b) The date by which an argument or rebuttal prepared pursuant to this

19-35  section must be submitted by the committee to the county clerk.

19-36  8.  Upon receipt of an argument or rebuttal prepared pursuant to this

19-37  section, the county clerk:

19-38  (a) May consult with persons who are generally recognized by a

19-39  national or statewide organization as having expertise in the field or area to

19-40  which the initiative, referendum or other question pertains; and

19-41  (b) Shall reject each statement in the argument or rebuttal that he

19-42  believes is libelous or factually inaccurate.

19-43  Not later than 5 days after the county clerk rejects a statement pursuant to

19-44  this subsection, the committee may appeal that rejection to the district

19-45  attorney. The district attorney shall review the statement and the reasons

19-46  for its rejection and may receive evidence, documentary or testimonial, to

19-47  aid him in his decision. Not later than 3 business days after the appeal by

19-48  the committee, the district attorney shall issue his decision rejecting or

20-1  accepting the statement. The decision of the district attorney is a final

20-2  decision for the purposes of judicial review.

20-3    9.  The county clerk shall place in the sample ballot provided to the

20-4  registered voters of the county each argument and rebuttal prepared

20-5  pursuant to this section, containing all statements that were not rejected

20-6  pursuant to subsection 8. The county clerk may revise the language

20-7  submitted by the committee so that it is clear, concise and suitable for

20-8  incorporation in the sample ballot, but shall not alter the meaning or effect

20-9  without the consent of the committee.

20-10  10.  In a county whose population is less than [50,000:] 100,000:

20-11  (a) The board may appoint committees pursuant to this section.

20-12  (b) If the board appoints committees pursuant to this section, the county

20-13  clerk shall provide for rules or regulations pursuant to subsection 7.

20-14  Sec. 27.  NRS 295.217 is hereby amended to read as follows:

20-15  295.217  1.  In a city whose population is [50,000] 60,000 or more, for

20-16  each initiative, referendum or other question to be placed on the ballot by

20-17  the council, including, without limitation, pursuant to NRS 293.482 or

20-18  295.215, the council shall, in consultation with the city clerk pursuant to

20-19  subsection 4, appoint two committees. Except as otherwise provided in

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

20-21  approval by the voters of the initiative, referendum or other question and

20-22  the other committee must be composed of three persons who oppose

20-23  approval by the voters of the initiative, referendum or other question.

20-24  2.  If, after consulting with the city clerk pursuant to subsection 4, the

20-25  council is unable to appoint three persons willing to serve on a committee,

20-26  the council may appoint fewer than three persons to that committee, but the

20-27  council must appoint at least one person to each committee appointed

20-28  pursuant to this section.

20-29  3.  With respect to a committee appointed pursuant to this section:

20-30  (a) A person may not serve simultaneously on the committee that favors

20-31  approval by the voters of an initiative, referendum or other question and

20-32  the committee that opposes approval by the voters of that initiative,

20-33  referendum or other question.

20-34  (b) Members of the committee serve without compensation.

20-35  (c) The term of office for each member commences upon appointment

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

20-37  initiative, referendum or other question.

20-38  4.  Before the council appoints a committee pursuant to this section, the

20-39  city clerk shall:

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

20-41  committee; and

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

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

20-44  committee; and

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

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

20-47  5.  If the council of a city whose population is [50,000] 60,000 or more

20-48  fails to appoint a committee as required pursuant to this section, the city

20-49  clerk shall appoint the committee.

21-1    6.  A committee appointed pursuant to this section:

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

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

21-4  requirements of this section;

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

21-6    (d) Shall, based on whether the members were appointed to advocate or

21-7  oppose approval by the voters of the initiative, referendum or other

21-8  question, prepare an argument either advocating or opposing approval by

21-9  the voters of the initiative, referendum or other question;

21-10  (e) Shall prepare a rebuttal to the argument prepared by the other

21-11  committee appointed pursuant to this section; and

21-12  (f) Shall submit the argument and rebuttal prepared pursuant to

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

21-14  the city clerk pursuant to subsection 7.

21-15  7.  The city clerk of a city whose population is [50,000] 60,000 or more

21-16  shall provide, by rule or regulation:

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

21-18  prepared pursuant to this section; and

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

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

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

21-22  section, the city clerk:

21-23  (a) May consult with persons who are generally recognized by a

21-24  national or statewide organization as having expertise in the field or area to

21-25  which the initiative, referendum or other question pertains; and

21-26  (b) Shall reject each statement in the argument or rebuttal that he

21-27  believes is libelous or factually inaccurate.

21-28  Not later than 5 days after the city clerk rejects a statement pursuant to this

21-29  subsection, the committee may appeal that rejection to the city attorney.

21-30  The city attorney shall review the statement and the reasons for its rejection

21-31  and may receive evidence, documentary or testimonial, to aid him in his

21-32  decision. Not later than 3 business days after the appeal by the committee,

21-33  the city attorney shall issue his decision rejecting or accepting the

21-34  statement. The decision of the city attorney is a final decision for the

21-35  purposes of judicial review.

21-36  9.  The city clerk shall place in the sample ballot provided to the

21-37  registered voters of the city each argument and rebuttal prepared pursuant

21-38  to this section, containing all statements that were not rejected pursuant to

21-39  subsection 8. The city clerk may revise the language submitted by the

21-40  committee so that it is clear, concise and suitable for incorporation in the

21-41  sample ballot, but shall not alter the meaning or effect without the consent

21-42  of the committee.

21-43  10.  In a city whose population is less than [50,000:] 60,000:

21-44  (a) The council may appoint committees pursuant to this section.

21-45  (b) If the council appoints committees pursuant to this section, the city

21-46  clerk shall provide for rules or regulations pursuant to subsection 7.

21-47  Sec. 28.  NRS 350.002 is hereby amended to read as follows:

21-48  350.002  1.  There is hereby created in each county whose population

21-49  is 400,000 or more, a debt management commission, to be composed of:

22-1    (a) Three representatives of the board of county commissioners from its

22-2  membership;

22-3    (b) One representative of each governing body of the five largest

22-4  incorporated cities in the county from its membership;

22-5    (c) One representative of the board of trustees of the county school

22-6  district from its membership; and

22-7    (d) Two representatives of the public at large.

22-8    2.  There is hereby created in each county whose population is less than

22-9  400,000, a debt management commission, to be composed of one

22-10  representative of the county, one representative of the school district and

22-11  the following additional representatives:

22-12  (a) In each such county which contains more than one incorporated city:

22-13     (1) One representative of the city in which the county seat is located;

22-14     (2) One representative of the other incorporated cities jointly; and

22-15     (3) One representative of the public at large.

22-16  (b) In each such county which contains one incorporated city:

22-17     (1) One representative of the incorporated city; and

22-18     (2) Two representatives of the public at large.

22-19  (c) In each such county which contains no incorporated city, one

22-20  representative of the public at large.

22-21  (d) In each such county which contains one or more general

22-22  improvement districts, one representative of the district or districts jointly

22-23  and one additional representative of the public at large.

22-24  3.  In Carson City, there is hereby created a debt management

22-25  commission, to be composed of one representative of the board of

22-26  supervisors, one representative of the school district and three

22-27  representatives of the public at large. The representative of the board of

22-28  supervisors and the representative of the school district shall select the

22-29  representatives of the public at large and, for that purpose only, constitute a

22-30  quorum of the debt management commission. Members of the commission

22-31  serve for a term of 2 years beginning on January 1, or until their successors

22-32  are chosen.

22-33  4.  Except as otherwise provided in subsection 1, each representative of

22-34  a single local government must be chosen by its governing body. Each

22-35  representative of two or more local governments must be chosen by their

22-36  governing bodies jointly, each governing body having one vote. Each

22-37  representative of the general improvement districts must be chosen by their

22-38  governing bodies jointly, each governing body having one vote. Each

22-39  representative of the public at large must be chosen by the other members

22-40  of the commission from residents of the county, or Carson City, as the case

22-41  may be, who have a knowledge of its financial structure. A tie vote must be

22-42  resolved by lot.

22-43  5.  A person appointed as a member of the commission in a county

22-44  whose population is [50,000] 100,000 or more who is not an elected officer

22-45  or a person appointed to an elective office for an unexpired term must have

22-46  at least 5 years of experience in the field of public administration, public

22-47  accounting or banking.

23-1    6.  A person appointed as a member of the commission shall not have a

23-2  substantial financial interest in the ownership or negotiation of securities

23-3  issued by this state or any of its political subdivisions.

23-4    7.  Except as otherwise provided in this subsection, members of the

23-5  commission or their successors must be chosen in January of each odd-

23-6  numbered year and hold office for a term of 2 years beginning January 1.

23-7  The representatives of incorporated cities must be chosen after elections

23-8  are held in the cities, but before the annual meeting of the commission in

23-9  July. The term of a representative who serves pursuant to paragraph (a), (b)

23-10  or (c) of subsection 1 is coterminous with the term of his elected office,

23-11  unless the public entity that appointed him revokes his appointment.

23-12  8.  Any vacancy must be filled in the same manner as the original

23-13  choice was made for the remainder of the unexpired term.

23-14  Sec. 29.  NRS 350.0033 is hereby amended to read as follows:

23-15  350.0033  1.  The commission in a county whose population is less

23-16  than [30,000] 45,000 may request technical assistance from the department

23-17  of taxation to carry out the duties of the commission. Upon such a request,

23-18  the department of taxation shall provide to that commission such technical

23-19  assistance to the extent that resources are available.

23-20  2.  The board of county commissioners of a county whose population is

23-21  [30,000] 45,000 or more shall provide the commission in that county with

23-22  such staff as is necessary to carry out the duties of the commission. The

23-23  staff provided to the commission pursuant to this subsection shall provide

23-24  such technical assistance to the commission as the commission requires,

23-25  except the staff shall not render an opinion on the merits of any proposal or

23-26  other matter before the commission.

23-27  Sec. 30.  NRS 355.178 is hereby amended to read as follows:

23-28  355.178  1.  The governing body of a city whose population is

23-29  150,000 or more or a county whose population is 100,000 or more may

23-30  lend securities from its investment portfolio if:

23-31  (a) The investment portfolio has a value of at least $100,000,000;

23-32  (b) The treasurer of the city or county:

23-33     (1) Establishes a policy for investment that includes provisions which

23-34  set forth the procedures to be used to lend securities pursuant to this

23-35  section; and

23-36     (2) Submits the policy established pursuant to subparagraph (1) to the

23-37  city or county manager and prepares and submits to the city or county

23-38  manager a monthly report that sets forth the securities that have been lent

23-39  pursuant to this section and any other information relating thereto,

23-40  including, without limitation, the terms of each agreement for the lending

23-41  of those securities; and

23-42  (c) The governing body receives collateral from the borrower in the

23-43  form of cash or marketable securities that are:

23-44     (1) Authorized pursuant to NRS 355.170, if the collateral is in the

23-45  form of marketable securities; and

23-46     (2) At least 102 percent of the value of the securities borrowed.

23-47  2.  The governing body of a city or consolidated municipality whose

23-48  population is [50,000] 60,000 or more but less than [100,000] 150,000 may

23-49  lend securities from its investment portfolio if:

24-1    (a) The investment portfolio has a value of at least $50,000,000;

24-2    (b) The governing body is currently authorized to lend securities

24-3  pursuant to subsection 5;

24-4    (c) The treasurer of the city or consolidated municipality:

24-5      (1) Establishes a policy for investment that includes provisions which

24-6  set forth the procedures to be used to lend securities pursuant to this

24-7  section; and

24-8      (2) Submits the policy established pursuant to subparagraph (1) to the

24-9  manager of the city or consolidated municipality and prepares and submits

24-10  to the manager of the city or consolidated municipality a monthly report

24-11  that sets forth the securities that have been lent pursuant to this section and

24-12  any other information relating thereto, including, without limitation, the

24-13  terms of each agreement for the lending of those securities; and

24-14  (d) The governing body receives collateral from the borrower in the

24-15  form of cash or marketable securities that are:

24-16     (1) Authorized pursuant to NRS 355.170, if the collateral is in the

24-17  form of marketable securities; and

24-18     (2) At least 102 percent of the value of the securities borrowed.

24-19  3.  The governing body of a city, county or consolidated municipality

24-20  may enter into such contracts as are necessary to extend and manage loans

24-21  pursuant to this section.

24-22  4.  Any investments made with collateral received pursuant to

24-23  subsection 1 or 2 must mature not later than 90 days after the date on

24-24  which the securities are lent.

24-25  5.  The governing body of a city or consolidated municipality whose

24-26  population is [50,000] 60,000 or more but less than [100,000] 150,000

24-27  shall not lend securities from its investment portfolio unless it has been

24-28  authorized to do so by the state board of finance. The state board of finance

24-29  shall adopt regulations that establish minimum standards for granting

24-30  authorization pursuant to this subsection. Such an authorization is valid for

24-31  2 years and may be renewed by the state board of finance for additional 2-

24-32  year periods.

24-33  Sec. 31.  NRS 360.750 is hereby amended to read as follows:

24-34  360.750  1.  A person who intends to locate or expand a business in

24-35  this state may apply to the commission on economic development for a

24-36  partial abatement of one or more of the taxes imposed on the new or

24-37  expanded business pursuant to chapter 361, 364A or 374 of NRS.

24-38  2.  The commission on economic development shall approve an

24-39  application for a partial abatement if the commission makes the following

24-40  determinations:

24-41  (a) The business is consistent with:

24-42     (1) The state plan for industrial development and diversification that

24-43  is developed by the commission pursuant to NRS 231.067; and

24-44     (2) Any guidelines adopted pursuant to the state plan.

24-45  (b) The applicant has executed an agreement with the commission

24-46  which states that the business will, after the date on which a certificate of

24-47  eligibility for the abatement is issued pursuant to subsection 5, continue in

24-48  operation in this state for a period specified by the commission, which

24-49  must be at least 5 years, and will continue to meet the eligibility

25-1  requirements set forth in this subsection. The agreement must bind the

25-2  successors in interest of the business for the specified period.

25-3    (c) The business is registered pursuant to the laws of this state or the

25-4  applicant commits to obtain a valid business license and all other permits

25-5  required by the county, city or town in which the business operates.

25-6    (d) Except as otherwise provided in NRS 361.0687, if the business is a

25-7  new business in a county whose population is 100,000 or more or a city

25-8  whose population is [50,000] 60,000 or more, the business meets at least

25-9  two of the following requirements:

25-10     (1) The business will have 75 or more full-time employees on the

25-11  payroll of the business by the fourth quarter that it is in operation.

25-12     (2) Establishing the business will require the business to make a

25-13  capital investment of at least $1,000,000 in this state.

25-14     (3) The average hourly wage that will be paid by the new business to

25-15  its employees in this state is at least 100 percent of the average statewide

25-16  hourly wage as established by the employment security division of the

25-17  department of employment, training and rehabilitation on July 1 of each

25-18  fiscal year and:

25-19        (I) The business will provide a health insurance plan for all

25-20  employees that includes an option for health insurance coverage for

25-21  dependents of the employees; and

25-22        (II) The cost to the business for the benefits the business provides

25-23  to its employees in this state will meet the minimum requirements for

25-24  benefits established by the commission by regulation pursuant to

25-25  subsection 9.

25-26  (e) Except as otherwise provided in NRS 361.0687, if the business is a

25-27  new business in a county whose population is less than 100,000 or a city

25-28  whose population is less than [50,000,] 60,000, the business meets at least

25-29  two of the following requirements:

25-30     (1) The business will have 25 or more full-time employees on the

25-31  payroll of the business by the fourth quarter that it is in operation.

25-32     (2) Establishing the business will require the business to make a

25-33  capital investment of at least $250,000 in this state.

25-34     (3) The average hourly wage that will be paid by the new business to

25-35  its employees in this state is at least 100 percent of the average statewide

25-36  hourly wage as established by the employment security division of the

25-37  department of employment, training and rehabilitation on July 1 of each

25-38  fiscal year and:

25-39        (I) The business will provide a health insurance plan for all

25-40  employees that includes an option for health insurance coverage for

25-41  dependents of the employees; and

25-42        (II) The cost to the business for the benefits the business provides

25-43  to its employees in this state will meet the minimum requirements for

25-44  benefits established by the commission by regulation pursuant to

25-45  subsection 9.

25-46  (f) If the business is an existing business, the business meets at least two

25-47  of the following requirements:

26-1      (1) The business will increase the number of employees on its payroll

26-2  by 10 percent more than it employed in the immediately preceding fiscal

26-3  year or by six employees, whichever is greater.

26-4      (2) The business will expand by making a capital investment in this

26-5  state in an amount equal to at least 20 percent of the value of the tangible

26-6  property possessed by the business in the immediately preceding fiscal

26-7  year. The determination of the value of the tangible property possessed by

26-8  the business in the immediately preceding fiscal year must be made by the:

26-9         (I) County assessor of the county in which the business will

26-10  expand, if the business is locally assessed; or

26-11        (II) Department, if the business is centrally assessed.

26-12     (3) The average hourly wage that will be paid by the existing

26-13  business to its new employees in this state is at least 100 percent of the

26-14  average statewide hourly wage as established by the employment security

26-15  division of the department of employment, training and rehabilitation on

26-16  July 1 of each fiscal year and:

26-17        (I) The business will provide a health insurance plan for all new

26-18  employees that includes an option for health insurance coverage for

26-19  dependents of the employees; and

26-20        (II) The cost to the business for the benefits the business provides

26-21  to its new employees in this state will meet the minimum requirements for

26-22  benefits established by the commission by regulation pursuant to

26-23  subsection 9.

26-24  3.  Notwithstanding the provisions of subsection 2, the commission on

26-25  economic development may:

26-26  (a) Approve an application for a partial abatement by a business that

26-27  does not meet the requirements set forth in paragraph (d), (e) or (f) of

26-28  subsection 2;

26-29  (b) Make the requirements set forth in paragraph (d), (e) or (f) of

26-30  subsection 2 more stringent; or

26-31  (c) Add additional requirements that a business must meet to qualify for

26-32  a partial abatement,

26-33  if the commission determines that such action is necessary.

26-34  4.  If a person submits an application to the commission on economic

26-35  development pursuant to subsection 1, the commission shall provide notice

26-36  to the governing body of the county and the city or town, if any, in which

26-37  the person intends to locate or expand a business. The notice required

26-38  pursuant to this subsection must set forth the date, time and location of the

26-39  hearing at which the commission will consider the application.

26-40  5.  If the commission on economic development approves an

26-41  application for a partial abatement, the commission shall immediately

26-42  forward a certificate of eligibility for the abatement to:

26-43  (a) The department;

26-44  (b) The Nevada tax commission; and

26-45  (c) If the partial abatement is from the property tax imposed pursuant to

26-46  chapter 361 of NRS, the county treasurer.

26-47  6.  An applicant for a partial abatement pursuant to this section or an

26-48  existing business whose partial abatement is in effect shall, upon the

26-49  request of the executive director of the commission on economic

27-1  development, furnish the executive director with copies of all records

27-2  necessary to verify that the applicant meets the requirements of

27-3  subsection 2.

27-4    7.  If a business whose partial abatement has been approved pursuant to

27-5  this section and is in effect ceases:

27-6    (a) To meet the requirements set forth in subsection 2; or

27-7    (b) Operation before the time specified in the agreement described in

27-8  paragraph (b) of subsection 2,

27-9  the business shall repay to the department or, if the partial abatement was

27-10  from the property tax imposed pursuant to chapter 361 of NRS, to the

27-11  county treasurer, the amount of the exemption that was allowed pursuant to

27-12  this section before the failure of the business to comply unless the Nevada

27-13  tax commission determines that the business has substantially complied

27-14  with the requirements of this section. Except as otherwise provided in NRS

27-15  360.232 and 360.320, the business shall, in addition to the amount of the

27-16  exemption required to be paid pursuant to this subsection, pay interest on

27-17  the amount due at the rate most recently established pursuant to NRS

27-18  99.040 for each month, or portion thereof, from the last day of the month

27-19  following the period for which the payment would have been made had the

27-20  partial abatement not been approved until the date of payment of the tax.

27-21  8.  A county treasurer:

27-22  (a) Shall deposit any money that he receives pursuant to subsection 7 in

27-23  one or more of the funds established by a local government of the county

27-24  pursuant to NRS 354.611, 354.6113 or 354.6115; and

27-25  (b) May use the money deposited pursuant to paragraph (a) only for the

27-26  purposes authorized by NRS 354.611, 354.6113 and 354.6115.

27-27  9.  The commission on economic development:

27-28  (a) Shall adopt regulations relating to:

27-29     (1) The minimum level of benefits that a business must provide to its

27-30  employees if the business is going to use benefits paid to employees as a

27-31  basis to qualify for a partial abatement; and

27-32     (2) The notice that must be provided pursuant to subsection 4.

27-33  (b) May adopt such other regulations as the commission on economic

27-34  development determines to be necessary to carry out the provisions of this

27-35  section.

27-36  10.  The Nevada tax commission:

27-37  (a) Shall adopt regulations regarding:

27-38     (1) The capital investment that a new business must make to meet the

27-39  requirement set forth in paragraph (d) or (e) of subsection 2; and

27-40     (2) Any security that a business is required to post to qualify for a

27-41  partial abatement pursuant to this section.

27-42  (b) May adopt such other regulations as the Nevada tax commission

27-43  determines to be necessary to carry out the provisions of this section.

27-44  11.  An applicant for an abatement who is aggrieved by a final decision

27-45  of the commission on economic development may petition for judicial

27-46  review in the manner provided in chapter 233B of NRS.

27-47  Sec. 32.  NRS 361.0687 is hereby amended to read as follows:

27-48  361.0687  1.  A person who intends to locate or expand a business in

27-49  this state may, pursuant to NRS 360.750, apply to the commission on

28-1  economic development for a partial abatement from the taxes imposed by

28-2  this chapter.

28-3    2.  For a business to qualify pursuant to NRS 360.750 for a partial

28-4  abatement from the taxes imposed by this chapter, the commission on

28-5  economic development must determine that, in addition to meeting the

28-6  other requirements set forth in subsection 2 of that section:

28-7    (a) If the business is a new business in a county whose population is

28-8  100,000 or more or a city whose population is [50,000] 60,000 or more:

28-9      (1) The business will make a capital investment in the county of at

28-10  least $50,000,000 if the business is an industrial or manufacturing business

28-11  or at least $5,000,000 if the business is not an industrial or manufacturing

28-12  business; and

28-13     (2) The average hourly wage that will be paid by the new business to

28-14  its employees in this state is at least 100 percent of the average statewide

28-15  hourly wage as established by the employment security division of the

28-16  department of employment, training and rehabilitation on July 1 of each

28-17  fiscal year.

28-18  (b) If the business is a new business in a county whose population is

28-19  less than 100,000 or a city whose population is less than [50,000:] 60,000:

28-20     (1) The business will make a capital investment in the county of at

28-21  least $5,000,000 if the business is an industrial or manufacturing business

28-22  or at least $500,000 if the business is not an industrial or manufacturing

28-23  business; and

28-24     (2) The average hourly wage that will be paid by the new business to

28-25  its employees in this state is at least 100 percent of the average statewide

28-26  hourly wage as established by the employment security division of the

28-27  department of employment, training and rehabilitation on July 1 of each

28-28  fiscal year.

28-29  3.  If a partial abatement from the taxes imposed by this chapter is

28-30  approved by the commission on economic development pursuant to NRS

28-31  360.750:

28-32  (a) The partial abatement must:

28-33     (1) Be for a duration of at least 1 year but not more than 10 years;

28-34     (2) Not exceed 50 percent of the taxes payable by a business each

28-35  year pursuant to this chapter; and

28-36     (3) Be administered and carried out in the manner set forth in NRS

28-37  360.750.

28-38  (b) The executive director of the commission on economic development

28-39  shall notify the county assessor of the county in which the business is

28-40  located of the approval of the partial abatement, including, without

28-41  limitation, the duration and percentage of the partial abatement that the

28-42  commission granted. The executive director shall, on or before April 15 of

28-43  each year, advise the county assessor of each county in which a business

28-44  qualifies for a partial abatement during the current fiscal year as to whether

28-45  the business is still eligible for the partial abatement in the next succeeding

28-46  fiscal year.

28-47  Sec. 33.  NRS 361.340 is hereby amended to read as follows:

28-48  361.340  1.  Except as otherwise provided in subsection 2, the board

28-49  of equalization of each county consists of:

29-1    (a) Five members, only two of whom may be elected public officers, in

29-2  counties having a population of [10,000] 15,000 or more; and

29-3    (b) Three members, only one of whom may be an elected public officer,

29-4  in counties having a population of less than [10,000.] 15,000.

29-5    2.  The board of county commissioners may by resolution provide for

29-6  an additional panel of like composition to be added to the board of

29-7  equalization to serve for a designated fiscal year. The board of county

29-8  commissioners may also appoint alternate members to either panel.

29-9    3.  A district attorney, county treasurer or county assessor or any of

29-10  their deputies or employees may not be appointed to the county board of

29-11  equalization.

29-12  4.  The chairman of the board of county commissioners shall nominate

29-13  persons to serve on the county board of equalization who are sufficiently

29-14  experienced in business generally to be able to bring knowledge and sound

29-15  judgment to the deliberations of the board or who are elected public

29-16  officers. The nominees must be appointed upon a majority vote of the

29-17  board of county commissioners. The chairman of the board of county

29-18  commissioners shall designate one of the appointees to serve as chairman

29-19  of the county board of equalization.

29-20  5.  Except as otherwise provided in this subsection, the term of each

29-21  member is 4 years and any vacancy must be filled by appointment for the

29-22  unexpired term. The term of any elected public officer expires upon the

29-23  expiration of the term of his elected office.

29-24  6.  The county clerk or his designated deputy is the clerk of each panel

29-25  of the county board of equalization.

29-26  7.  Any member of the county board of equalization may be removed

29-27  by the board of county commissioners if, in its opinion, the member is

29-28  guilty of malfeasance in office or neglect of duty.

29-29  8.  The members of the county board of equalization are entitled to

29-30  receive per diem allowance and travel expenses as provided for state

29-31  officers and employees. The board of county commissioners of any county

29-32  may by resolution provide for compensation to members of the board of

29-33  equalization in their county who are not elected public officers as they

29-34  deem adequate for time actually spent on the work of the board of

29-35  equalization. In no event may the rate of compensation established by a

29-36  board of county commissioners exceed $40 per day.

29-37  9.  A majority of the members of the county board of equalization

29-38  constitutes a quorum, and a majority of the board determines the action of

29-39  the board.

29-40  10.  The county board of equalization of each county shall hold such

29-41  number of meetings as may be necessary to care for the business of

29-42  equalization presented to it. Every appeal to the county board of

29-43  equalization must be filed not later than January 15. Each county board

29-44  shall cause to be published, in a newspaper of general circulation published

29-45  in that county, a schedule of dates, times and places of the board meetings

29-46  at least 5 days before the first meeting. The county board of equalization

29-47  shall conclude the business of equalization on or before February 28 of

29-48  each year except as to matters remanded by the state board of equalization.

29-49  The state board of equalization may establish procedures for the county

30-1  boards, including setting the period for hearing appeals and for setting

30-2  aside time to allow the county board to review and make final

30-3  determinations. The district attorney or his deputy shall be present at all

30-4  meetings of the county board of equalization to explain the law and the

30-5  board’s authority.

30-6    11.  The county assessor or his deputy shall attend all meetings of each

30-7  panel of the county board of equalization.

30-8    Sec. 34.  NRS 361.453 is hereby amended to read as follows:

30-9    361.453  1.  Except as otherwise provided in this section and NRS

30-10  354.705, 354.723 and 450.760, the total ad valorem tax levy for all public

30-11  purposes must not exceed $3.64 on each $100 of assessed valuation, or a

30-12  lesser or greater amount fixed by the state board of examiners if the state

30-13  board of examiners is directed by law to fix a lesser or greater amount for

30-14  that fiscal year.

30-15  2.  Any levy imposed by the legislature for the repayment of bonded

30-16  indebtedness or the operating expenses of the State of Nevada and any levy

30-17  imposed by the board of county commissioners pursuant to NRS 387.195

30-18  that is in excess of 50 cents on each $100 of assessed valuation of taxable

30-19  property within the county must not be included in calculating the

30-20  limitation set forth in subsection 1 on the total ad valorem tax levied within

30-21  the boundaries of the county, city or unincorporated town, if, in a county

30-22  whose population is [25,000] 40,000 or less, or in a city or unincorporated

30-23  town located within that county:

30-24  (a) The combined tax rate certified by the Nevada tax commission was

30-25  at least $3.50 on each $100 of assessed valuation on June 25, 1998;

30-26  (b) The governing body of that county, city or unincorporated town

30-27  proposes to its registered voters an additional levy ad valorem above the

30-28  total ad valorem tax levy for all public purposes set forth in subsection 1;

30-29  (c) The proposal specifies the amount of money to be derived, the

30-30  purpose for which it is to be expended and the duration of the levy; and

30-31  (d) The proposal is approved by a majority of the voters voting on the

30-32  question at a general election or a special election called for that purpose.

30-33  3.  The duration of the additional levy ad valorem levied pursuant to

30-34  subsection 2 must not exceed 5 years. The governing body of the county,

30-35  city or unincorporated town may discontinue the levy before it expires and

30-36  may not thereafter reimpose it in whole or in part without following the

30-37  procedure required for its original imposition set forth in subsection 2.

30-38  4.  A special election may be held pursuant to subsection 2 only if the

30-39  governing body of the county, city or unincorporated town determines, by

30-40  a unanimous vote, that an emergency exists. The determination made by

30-41  the governing body is conclusive unless it is shown that the governing

30-42  body acted with fraud or a gross abuse of discretion. An action to challenge

30-43  the determination made by the governing body must be commenced within

30-44  15 days after the governing body’s determination is final. As used in this

30-45  subsection, “emergency” means any unexpected occurrence or combination

30-46  of occurrences which requires immediate action by the governing body of

30-47  the county, city or unincorporated town to prevent or mitigate a substantial

30-48  financial loss to the county, city or unincorporated town or to enable the

31-1  governing body to provide an essential service to the residents of the

31-2  county, city or unincorporated town.

31-3    Sec. 35.  NRS 371.107 is hereby amended to read as follows:

31-4    371.107  The county assessor of each county whose population is

31-5  [35,000] 50,000 or more is designated as an agent to assist the department

31-6  in administering the exemptions provided in this chapter, and shall, after

31-7  establishing the validity of an application for an exemption, issue a

31-8  certificate for use by the department to allow a claimant the appropriate

31-9  exemption on his vehicle.

31-10  Sec. 36.  NRS 371.125 is hereby amended to read as follows:

31-11  371.125  The county assessor of each county whose population is less

31-12  than [35,000] 50,000 is designated as agent to assist in the collection of the

31-13  tax required to be levied under this chapter. The county assessor of each

31-14  county is designated as agent to assist the department in administering the

31-15  exemptions provided in this chapter.

31-16  Sec. 37.  NRS 373.028 is hereby amended to read as follows:

31-17  373.028  “Project” means:

31-18  1.  In a county whose population is [35,000] 50,000 or more, street and

31-19  highway construction, including, without limitation, the acquisition and

31-20  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 and

31-31  improvement of all types of property therefor.

31-32  2.  In a county whose population is less than [35,000,] 50,000, street

31-33  and highway construction, maintenance or repair, or any combination

31-34  thereof, including, without limitation, the acquisition, maintenance, repair

31-35  and improvement of any street, avenue, boulevard, alley, highway or other

31-36  public right of way used for any vehicular traffic, and including a sidewalk

31-37  designed primarily for use by pedestrians, and also, including, without

31-38  limitation, grades, regrades, gravel, oiling, surfacing, macadamizing,

31-39  paving, crosswalks, sidewalks, pedestrian rights of way, driveway

31-40  approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers,

31-41  manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels,

31-42  underpasses, approaches, sprinkling facilities, artificial lights and lighting

31-43  equipment, parkways, grade separators, traffic separators, and traffic

31-44  control equipment, and all appurtenances and incidentals, or any

31-45  combination thereof, including, without limitation, the acquisition,

31-46  maintenance, repair and improvement of all types of property therefor.

31-47  Sec. 38.  NRS 379.050 is hereby amended to read as follows:

31-48  379.050  1.  Whenever a new county library is provided for in any

31-49  county whose population is [25,000] 40,000 or more, the trustees of any

32-1  district library in the county previously established may transfer all books,

32-2  funds, equipment or other property in the possession of such trustees to the

32-3  new library upon the demand of the trustees of the new library.

32-4    2.  Whenever there are two or more county library districts in any

32-5  county whose population is [25,000] 40,000 or more, the districts may

32-6  merge into one county library district upon approval of the library trustees

32-7  of the merging districts.

32-8    3.  Whenever there is a city or a town library located adjacent to a

32-9  county library district, the city or town library may:

32-10  (a) Merge with the county library district upon approval of the trustees

32-11  of the merging library and district; or

32-12  (b) Subject to the limitations in NRS 379.0221, consolidate with the

32-13  county library district.

32-14  4.  All expenses incurred in making a transfer or merger must be paid

32-15  out of the general fund of the new library.

32-16  Sec. 39.  NRS 380.010 is hereby amended to read as follows:

32-17  380.010  1.  The board of county commissioners of any county may

32-18  establish by ordinance a law library to be governed and managed by a

32-19  board of law library trustees in accordance with the provisions of this

32-20  chapter.

32-21  2.  The board of county commissioners of any county whose population

32-22  is less than [35,000] 50,000 may establish by ordinance a law library to be

32-23  governed and managed as prescribed by the board of county

32-24  commissioners of that county. The board of county commissioners of any

32-25  county whose population is less than [35,000] 50,000 may exercise or

32-26  delegate the exercise of any power granted to a board of law library

32-27  trustees under this chapter.

32-28  3.  Any law library established pursuant to subsection 2 is subject to the

32-29  provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

32-30  Sec. 40.  NRS 387.331 is hereby amended to read as follows:

32-31  387.331  1.  The tax on residential construction authorized by this

32-32  section is a specified amount which must be the same for each:

32-33  (a) Lot for a mobile home;

32-34  (b) Residential dwelling unit; and

32-35  (c) Suite in an apartment house,

32-36  imposed on the privilege of constructing apartment houses and residential

32-37  dwelling units and developing lots for mobile homes.

32-38  2.  The board of trustees of any school district whose population is less

32-39  than [40,000] 50,000 may request that the board of county commissioners

32-40  of the county in which the school district is located impose a tax on

32-41  residential construction in the school district to construct, remodel and

32-42  make additions to school buildings. Whenever the board of trustees takes

32-43  that action it shall notify the board of county commissioners and shall

32-44  specify the areas of the county to be served by the buildings to be erected

32-45  or enlarged.

32-46  3.  If the board of county commissioners decides that the tax should be

32-47  imposed, it shall notify the Nevada tax commission. If the commission

32-48  approves, the board of county commissioners may then impose the tax,

32-49  whose specified amount must not exceed $1,600.

33-1    4.  The board shall collect the tax so imposed, in the areas of the county

33-2  to which it applies, and may require that administrative costs, not to exceed

33-3  1 percent, be paid from the amount collected.

33-4    5.  The money collected must be deposited with the county treasurer in

33-5  the school district’s fund for capital projects to be held and expended in the

33-6  same manner as other money deposited in that fund.

33-7    Sec. 41.  NRS 396.892 is hereby amended to read as follows:

33-8    396.892  1.  Each student who receives a loan made pursuant to NRS

33-9  396.890 to 396.898, inclusive, shall repay the loan and accrued interest

33-10  pursuant to the terms of the loan unless:

33-11  (a) He practices nursing in a rural area of Nevada or as an employee of

33-12  the state for 6 months for each academic year for which he received a loan;

33-13  or

33-14  (b) He practices nursing in any other area of Nevada for 1 year for each

33-15  academic year for which he received a loan.

33-16  2.  The board of regents may adopt regulations:

33-17  (a) Extending the time for completing the required practice beyond 5

33-18  years for persons who are granted extensions because of hardship; and

33-19  (b) Granting prorated credit towards repayment of a loan for time a

33-20  person practices nursing as required, for cases in which the period for

33-21  required practice is only partially completed,

33-22  and such other regulations as are necessary to carry out the provisions of

33-23  NRS 396.890 to 396.898, inclusive.

33-24  3.  As used in this section, “practices nursing in a rural area” means

33-25  that the person practices nursing in an area located in a county whose

33-26  population is less than [30,000] 45,000 at least half of the total time the

33-27  person spends in the practice of nursing, and not less than 20 hours per

33-28  week.

33-29  Sec. 42.  NRS 439B.420 is hereby amended to read as follows:

33-30     439B.420  1.  A hospital or related entity shall not establish a rental

33-31  agreement with a physician or entity that employs physicians that requires

33-32  any portion of his medical practice to be referred to the hospital or related

33-33  entity.

33-34  2.  The rent required of a physician or entity which employs physicians

33-35  by a hospital or related entity must not be less than 75 percent of the rent

33-36  for comparable office space leased to another physician or other lessee in

33-37  the building, or in a comparable building owned by the hospital or entity.

33-38  3.  A hospital or related entity shall not pay any portion of the rent of a

33-39  physician or entity which employs physicians within facilities not owned or

33-40  operated by the hospital or related entity, unless the resulting rent is no

33-41  lower than the highest rent for which the hospital or related entity rents

33-42  comparable office space to other physicians.

33-43  4.  A health facility shall not offer any provider of medical care any

33-44  financial inducement, excluding rental agreements subject to the provisions

33-45  of subsection 2 or 3, whether in the form of immediate, delayed, direct or

33-46  indirect payment to induce the referral of a patient or group of patients to

33-47  the health facility. This subsection does not prohibit bona fide gifts under

33-48  $100, or reasonable promotional food or entertainment.

34-1    5.  The provisions of subsections 1 to 4, inclusive, do not apply to

34-2  hospitals in a county whose population is less than [35,000.] 50,000.

34-3    6.  A hospital, if acting as a billing agent for a medical practitioner

34-4  performing services in the hospital, shall not add any charges to the

34-5  practitioner’s bill for services other than a charge related to the cost of

34-6  processing the billing.

34-7    7.  A hospital or related entity shall not offer any financial inducement

34-8  to an officer, employee or agent of an insurer, a person acting as an insurer

34-9  or self- insurer or a related entity. A person shall not accept such offers.

34-10  This subsection does not prohibit bona fide gifts of under $100 in value, or

34-11  reasonable promotional food or entertainment.

34-12  8.  A hospital or related entity shall not sell goods or services to a

34-13  physician unless the costs for such goods and services are at least equal to

34-14  the cost for which the hospital or related entity pays for the goods and

34-15  services.

34-16  9.  Except as otherwise provided in this subsection, a practitioner or

34-17  health facility shall not refer a patient to a health facility or service in

34-18  which the referring party has a financial interest unless the referring party

34-19  first discloses the interest to the patient. This subsection does not apply to

34-20  practitioners subject to the provisions of NRS 439B.425.

34-21  10.  The director may, at reasonable intervals, require a hospital or

34-22  related entity or other party to an agreement to submit copies of operative

34-23  contracts subject to the provisions of this section after notification by

34-24  registered mail. The contracts must be submitted within 30 days after

34-25  receipt of the notice. Contracts submitted pursuant to this subsection are

34-26  confidential, except in cases in which an action is brought pursuant to

34-27  subsection 11.

34-28  11.  A person who willfully violates any provision of this section is

34-29  liable to the State of Nevada for:

34-30  (a) A civil penalty in an amount of not more than $5,000 per

34-31  occurrence, or 100 percent of the value of the illegal transaction, whichever

34-32  is greater.

34-33  (b) Any reasonable expenses incurred by the state in enforcing this

34-34  section.

34-35  Any money recovered pursuant to this subsection as a civil penalty must be

34-36  deposited in a separate account in the state general fund and used for

34-37  projects intended to benefit the residents of this state with regard to health

34-38  care. Money in the account may only be withdrawn by act of the

34-39  legislature.

34-40  12.  As used in this section, “related entity” means an affiliated person

34-41  or subsidiary as those terms are defined in NRS 439B.430.

34-42  Sec. 43.  NRS 444A.040 is hereby amended to read as follows:

34-43     444A.040  1.  The board of county commissioners in a county whose

34-44  population is [more than 100,000,] 100,000 or more, or its designee, shall

34-45  make available for use in that county a program for:

34-46  (a) The separation at the source of recyclable material from other solid

34-47  waste originating from the residential premises and public buildings where

34-48  services for the collection of solid waste are provided.

35-1    (b) The establishment of recycling centers for the collection and

35-2  disposal of recyclable material where existing recycling centers do not

35-3  carry out the purposes of the program.

35-4    (c) The disposal of hazardous household products which are capable of

35-5  causing harmful physical effects if inhaled, absorbed or ingested. This

35-6  program may be included as a part of any other program made available

35-7  pursuant to this subsection.

35-8    2.  The board of county commissioners of a county whose population is

35-9  [more than 25,000 but not more than 100,000,] 40,000 or more but less

35-10  than 100,000, or its designee:

35-11  (a) May make available for use in that county a program for the

35-12  separation at the source of recyclable material from other solid waste

35-13  originating from the residential premises and public buildings where

35-14  services for the collection of solid waste are provided.

35-15  (b) Shall make available for use in that county a program for:

35-16     (1) The establishment of recycling centers for the collection and

35-17  disposal of recyclable material where existing recycling centers do not

35-18  carry out the purposes of the program established pursuant to

35-19  paragraph (a).

35-20     (2) The disposal of hazardous household products which are capable

35-21  of causing harmful physical effects if inhaled, absorbed or ingested. This

35-22  program may be included as a part of any other program made available

35-23  pursuant to this subsection.

35-24  3.  The board of county commissioners of a county whose population is

35-25  [not more than 25,000,] less than 40,000, or its designee, may make

35-26  available for use in that county a program for:

35-27  (a) The separation at the source of recyclable material from other solid

35-28  waste originating from the residential premises and public buildings where

35-29  services for the collection of solid waste are provided.

35-30  (b) The establishment of recycling centers for the collection and

35-31  disposal of recyclable material where existing recycling centers do not

35-32  carry out the purposes of the program.

35-33  (c) The disposal of hazardous household products which are capable of

35-34  causing harmful physical effects if inhaled, absorbed or ingested. This

35-35  program may be included as a part of any other program made available

35-36  pursuant to this subsection.

35-37  4.  Any program made available pursuant to this section:

35-38  (a) Must not:

35-39     (1) Conflict with the standards adopted by the state environmental

35-40  commission pursuant to NRS 444A.020; and

35-41     (2) Become effective until approved by the department.

35-42  (b) May be based on the model plans adopted pursuant to NRS

35-43  444A.030.

35-44  5.  The governing body of a municipality may adopt and carry out

35-45  within the municipality such programs made available pursuant to this

35-46  section as are deemed necessary and appropriate for that municipality.

35-47  6.  Any municipality may, with the approval of the governing body of

35-48  an adjoining municipality, participate in any program adopted by the

35-49  adjoining municipality pursuant to subsection 5.

36-1    7.  Persons residing on an Indian reservation or Indian colony may

36-2  participate in any program adopted pursuant to subsection 5 by a

36-3  municipality in which the reservation or colony is located if the governing

36-4  body of the reservation or colony adopts an ordinance requesting such

36-5  participation. Upon receipt of such a request, the governing body of the

36-6  municipality shall make available to the residents of the reservation or

36-7  colony those programs requested.

36-8    Sec. 44.  NRS 445A.500 is hereby amended to read as follows:

36-9     445A.500  1.  Each permit issued by the department must ensure

36-10  compliance with the following factors whenever applicable to the

36-11  discharge or the injection of fluids through a well for which the permit is

36-12  sought:

36-13  (a) Effluent limitations;

36-14  (b) Standards of performance for new sources;

36-15  (c) Standards for pretreatment;

36-16  (d) Standards for injections of fluids through a well; and

36-17  (e) Any more stringent limitations, including any necessary to meet or

36-18  effectuate standards of water quality, standards of treatment or schedules of

36-19  compliance developed by the department as part of a continuing planning

36-20  process or areawide plan for the management of the treatment of waste

36-21  under NRS 445A.580 or in furthering the purposes and goals of NRS

36-22  445A.300 to 445A.730, inclusive.

36-23  2.  Each permit must specify average and maximum daily or other

36-24  appropriate quantitative limitations for the level of pollutants or

36-25  contaminants in the authorized discharge or injection.

36-26  3.  If an application is made to discharge from a point source into any

36-27  waters of this state which flow directly or ultimately into an irrigation

36-28  reservoir upstream from which are located urban areas in two or more

36-29  counties and if each county has a population of [35,000] 50,000 or more,

36-30  the department must give notice of the application to each city, county,

36-31  unincorporated town and irrigation district located downstream from the

36-32  point of discharge. Notice to an unincorporated town must be given to the

36-33  town board or advisory council if there is one.

36-34  Sec. 45.  NRS 445A.590 is hereby amended to read as follows:

36-35     445A.590  1.  The department shall notify each interested person and

36-36  appropriate governmental agency of each complete application for a

36-37  permit, and shall provide them an opportunity to submit their written views

36-38  and recommendations thereon. The provisions of this subsection do not

36-39  apply to an application for a temporary permit issued pursuant to NRS

36-40  445A.485.

36-41  2.  Notification must be in the manner provided in the regulations

36-42  adopted by the commission pursuant to applicable federal law.

36-43  3.  If the treatment works are to discharge into any waters of this state

36-44  which flow directly or ultimately into an irrigation reservoir upstream from

36-45  which are located urban areas in two or more counties and if each county

36-46  has a population of [35,000] 50,000 or more, the department must include

36-47  in its notification each city, county, unincorporated town and irrigation

36-48  district located downstream from the point of discharge. Notice to an

37-1  unincorporated town must be given to the town board or advisory council if

37-2  there is one.

37-3    Sec. 46.  NRS 449.0177 is hereby amended to read as follows:

37-4    449.0177  “Rural hospital” means a hospital with 85 or fewer beds

37-5  which is:

37-6    1.  The sole institutional provider of health care located within a county

37-7  whose population is less than 100,000;

37-8    2.  The sole institutional provider of health care located within a city

37-9  whose population is less than [20,000;] 25,000; or

37-10  3.  Maintained and governed pursuant to NRS 450.550 to 450.750,

37-11  inclusive.

37-12  Sec. 47.  NRS 459.558 is hereby amended to read as follows:

37-13  459.558  1.  The provisions of NRS 459.560 and 459.565 that concern

37-14  hazardous substances do not apply:

37-15  (a) In a county whose population is less than [40,000;] 50,000;

37-16  (b) To mining or agricultural activities; or

37-17  (c) To other facilities or locations where the quantity of any one

37-18  hazardous substance at any one facility or location does not exceed 1,000

37-19  kilograms at any time.

37-20  2.  All other provisions of NRS 459.560 and 459.565, including the

37-21  provisions concerning hazardous waste, apply to all counties and all

37-22  industries without regard to volume.

37-23  Sec. 48.  NRS 477.030 is hereby amended to read as follows:

37-24  477.030  1.  Except as otherwise provided in this section, the state fire

37-25  marshal shall enforce all laws and adopt regulations relating to:

37-26  (a) The prevention of fire.

37-27  (b) The storage and use of:

37-28     (1) Combustibles, flammables and fireworks; and

37-29     (2) Explosives in any commercial construction, but not in mining or

37-30  the control of avalanches,

37-31  under those circumstances that are not otherwise regulated by the division

37-32  of industrial relations of the department of business and industry pursuant

37-33  to NRS 618.890.

37-34  (c) The safety, access, means and adequacy of exit in case of fire from

37-35  mental and penal institutions, facilities for the care of children, foster

37-36  homes, residential facilities for groups, facilities for intermediate care,

37-37  nursing homes, hospitals, schools, all buildings, except private residences,

37-38  which are occupied for sleeping purposes, buildings used for public

37-39  assembly and all other buildings where large numbers of persons work, live

37-40  or congregate for any purpose. As used in this paragraph, “public

37-41  assembly” means a building or a portion of a building used for the

37-42  gathering together of 50 or more persons for purposes of deliberation,

37-43  education, instruction, worship, entertainment, amusement or awaiting

37-44  transportation, or the gathering together of 100 or more persons in

37-45  establishments for drinking or dining.

37-46  (d) The suppression and punishment of arson and fraudulent claims or

37-47  practices in connection with fire losses.

37-48  The regulations of the state fire marshal apply throughout the state, but,

37-49  except with respect to state-owned or state-occupied buildings, his

38-1  authority to enforce them or conduct investigations under this chapter does

38-2  not extend to a county whose population is [50,000] 100,000 or more or

38-3  which has been converted into a consolidated municipality, except in those

38-4  local jurisdictions in those counties where he is requested to exercise that

38-5  authority by the chief officer of the organized fire department of that

38-6  jurisdiction.

38-7    2.  The state fire marshal may set standards for equipment and

38-8  appliances pertaining to fire safety or to be used for fire protection within

38-9  this state, including the threads used on fire hose couplings and hydrant

38-10  fittings.

38-11  3.  The state fire marshal shall cooperate with the state forester

38-12  firewarden in the preparation of regulations relating to standards for fire

38-13  retardant roofing materials pursuant to paragraph (e) of subsection 1 of

38-14  NRS 472.040.

38-15  4.  The state fire marshal shall cooperate with the division of child and

38-16  family services of the department of human resources in establishing

38-17  reasonable minimum standards for overseeing the safety of and directing

38-18  the means and adequacy of exit in case of fire from family foster homes

38-19  and group foster homes.

38-20  5.  The state fire marshal shall coordinate all activities conducted

38-21  pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money

38-22  allocated by the United States pursuant to that act.

38-23  6.  Except as otherwise provided in subsection 10, the state fire marshal

38-24  shall:

38-25  (a) Investigate any fire which occurs in a county other than one whose

38-26  population is [50,000] 100,000 or more or which has been converted into a

38-27  consolidated municipality, and from which a death results or which is of a

38-28  suspicious nature.

38-29  (b) Investigate any fire which occurs in a county whose population is

38-30  [50,000] 100,000 or more or which has been converted into a consolidated

38-31  municipality, and from which a death results or which is of a suspicious

38-32  nature, if requested to do so by the chief officer of the fire department in

38-33  whose jurisdiction the fire occurs.

38-34  (c) Cooperate with the commissioner of insurance, the attorney general

38-35  and the fraud control unit established pursuant to section 27 of Assembly

38-36  Bill No. 135 of this [act] session in any investigation of a fraudulent claim

38-37  under an insurance policy for any fire of a suspicious nature.

38-38  (d) Cooperate with any local fire department in the investigation of any

38-39  report received pursuant to NRS 629.045.

38-40  (e) Provide specialized training in investigating the causes of fires if

38-41  requested to do so by the chief officer of an organized fire department.

38-42  7.  The state fire marshal shall put the National Fire Incident Reporting

38-43  System into effect throughout the state and publish at least annually a

38-44  summary of data collected under the system.

38-45  8.  The state fire marshal shall provide assistance and materials to local

38-46  authorities, upon request, for the establishment of programs for public

38-47  education and other fire prevention activities.

38-48  9.  The state fire marshal shall:

38-49  (a) Assist in checking plans and specifications for construction;

39-1    (b) Provide specialized training to local fire departments; and

39-2    (c) Assist local governments in drafting regulations and ordinances,

39-3  on request or as he deems necessary.

39-4    10.  In a county other than one whose population is [50,000] 100,000 or

39-5  more or which has been converted into a consolidated municipality, the

39-6  state fire marshal shall, upon request by a local government, delegate to the

39-7  local government by interlocal agreement all or a portion of his authority or

39-8  duties if the local government’s personnel and programs are, as determined

39-9  by the state fire marshal, equally qualified to perform those functions. If a

39-10  local government fails to maintain the qualified personnel and programs in

39-11  accordance with such an agreement, the state fire marshal shall revoke the

39-12  agreement.

39-13  Sec. 49.  NRS 477.100 is hereby amended to read as follows:

39-14  477.100  As used in NRS 477.110 to 477.170, inclusive, unless the

39-15  context otherwise requires, “authority” means:

39-16  1.  The state fire marshal in a county other than one whose population

39-17  is [50,000] 100,000 or more or which has been converted into a

39-18  consolidated municipality;

39-19  2.  Unless the county has enacted an ordinance designating the persons

39-20  who constitute the authority, the chief building official and chief officer of

39-21  the fire service of the jurisdiction in a county whose population is [50,000]

39-22  100,000 or more or which has been converted into a consolidated

39-23  municipality, and if they are unable to agree on any question, “authority”

39-24  includes the county manager or city manager, who shall cast the deciding

39-25  vote on that question; or

39-26  3.  If the board of county commissioners of a county whose population

39-27  is [50,000] 100,000 or more or which has been converted into a

39-28  consolidated municipality, or the governing body of a city in that county,

39-29  has specified a person or persons to act as the authority, that person or

39-30  those persons.

39-31  Sec. 50.  NRS 482.225 is hereby amended to read as follows:

39-32  482.225  1.  When application is made to the department for

39-33  registration of a vehicle purchased in this state from a person other than a

39-34  retailer required to be registered with the department of taxation or of a

39-35  vehicle purchased outside this state and not previously registered within

39-36  this state where the registrant or owner at the time of purchase was not a

39-37  resident of or employed in this state, the department or its agent shall

39-38  determine and collect any sales or use tax due and shall remit the tax to the

39-39  department of taxation except as otherwise provided in NRS 482.260.

39-40  2.  If the registrant or owner of the vehicle was a resident of the state,

39-41  or employed within the state, at the time of the purchase of that vehicle, it

39-42  is presumed that the vehicle was purchased for use within the state and the

39-43  representative or agent of the department of taxation shall collect the tax

39-44  and remit it to the department of taxation.

39-45  3.  Until all applicable taxes and fees are collected, the department shall

39-46  refuse to register the vehicle.

39-47  4.  In any county whose population is less than [35,000,] 50,000, the

39-48  department shall designate the county assessor as the agent of the

39-49  department for the collection of any sales or use tax.

40-1    5.  If the registrant or owner desires to refute the presumption stated in

40-2  subsection 2 that he purchased the vehicle for use in this state, he must pay

40-3  the tax to the department and then may submit his claim for exemption in

40-4  writing, signed by him or his authorized representative, to the department

40-5  together with his claim for refund of tax erroneously or illegally collected.

40-6    6.  If the department finds that the tax has been erroneously or illegally

40-7  collected, the tax must be refunded.

40-8    Sec. 51.  NRS 483.250 is hereby amended to read as follows:

40-9    483.250  The department shall not issue any license under the

40-10  provisions of NRS 483.010 to 483.630, inclusive:

40-11  1.  To any person who is under the age of 18 years, except that the

40-12  department may issue:

40-13  (a) A restricted license to a person between the ages of 14 and 18 years

40-14  pursuant to the provisions of NRS 483.267 and 483.270.

40-15  (b) An instruction permit to a person who is at least 15 1/2 years of age

40-16  pursuant to the provisions of subsection 1 of NRS 483.280.

40-17  (c) A restricted instruction permit to a person under the age of 18 years

40-18  pursuant to the provisions of subsection 3 of NRS 483.280.

40-19  (d) Except as otherwise provided in paragraph (e), a license to a person

40-20  between the ages of 16 and 18 years who has completed a course:

40-21     (1) In automobile driver education pursuant to NRS 389.090; or

40-22     (2) Provided by a school for training drivers licensed pursuant to

40-23  NRS 483.700 to 483.780, inclusive, if the course complies with the

40-24  applicable regulations governing the establishment, conduct and scope of

40-25  automobile driver education adopted by the state board of education

40-26  pursuant to NRS 389.090,

40-27  and who has at least 50 hours of experience in driving a motor vehicle with

40-28  a restricted license, instruction permit or restricted instruction permit issued

40-29  pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal

40-30  guardian of a person who desires to obtain a license pursuant to this

40-31  paragraph must sign and submit to the department a form provided by the

40-32  department which attests that the person who desires a license has

40-33  completed the training and experience required by this paragraph.

40-34  (e) A license to a person who is between the ages of 16 and 18 years if:

40-35     (1) The public school in which he is enrolled is located in a county

40-36  whose population is less than [35,000] 50,000 or in a city or town whose

40-37  population is less than 25,000;

40-38     (2) The public school does not offer automobile driver education;

40-39     (3) He has at least 50 hours of experience in driving a motor vehicle

40-40  with a restricted license, instruction permit or restricted instruction permit

40-41  issued pursuant to NRS 483.267, 483.270 or 483.280; and

40-42     (4) His parent or legal guardian signs and submits to the department a

40-43  form provided by the department which attests that the person who desires

40-44  a license has completed the experience required by subparagraph (3).

40-45  2.  To any person whose license has been revoked until the expiration

40-46  of the period during which he is not eligible for a license.

40-47  3.  To any person whose license has been suspended, but, upon good

40-48  cause shown to the administrator, the department may issue a restricted

40-49  license to him or shorten any period of suspension.

41-1    4.  To any person who has previously been adjudged to be afflicted

41-2  with or suffering from any mental disability or disease and who has not at

41-3  the time of application been restored to legal capacity.

41-4    5.  To any person who is required by NRS 483.010 to 483.630,

41-5  inclusive, to take an examination, unless he has successfully passed the

41-6  examination.

41-7    6.  To any person when the administrator has good cause to believe that

41-8  by reason of physical or mental disability that person would not be able to

41-9  operate a motor vehicle safely.

41-10  7.  To any person who is not a resident of this state.

41-11  8.  To any child who is the subject of a court order issued pursuant to

41-12  paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or

41-13  62.228 which delays his privilege to drive.

41-14  9.  To any person who is the subject of a court order issued pursuant to

41-15  NRS 206.330 which suspends or delays his privilege to drive until the

41-16  expiration of the period of suspension or delay.

41-17  Sec. 52.  NRS 483.270 is hereby amended to read as follows:

41-18  483.270  1.  The department may issue a restricted license to any pupil

41-19  between the ages of 14 and 18 years who is attending:

41-20  (a) A public school in a school district in this state in a county whose

41-21  population is less than [35,000] 50,000 or in a city or town whose

41-22  population is less than 25,000 when transportation to and from school is

41-23  not provided by the board of trustees of the school district, if the pupil

41-24  meets the requirements for eligibility adopted by the department pursuant

41-25  to subsection 5; or

41-26  (b) A private school meeting the requirements for approval under NRS

41-27  392.070 when transportation to and from school is not provided by the

41-28  private school,

41-29  and it is impossible or impracticable to furnish such pupil with private

41-30  transportation to and from school.

41-31  2.  An application for the issuance of a restricted license under this

41-32  section must:

41-33  (a) Be made upon a form provided by the department.

41-34  (b) Be signed and verified as provided in NRS 483.300.

41-35  (c) Contain such other information as may be required by the

41-36  department.

41-37  3.  Any restricted license issued pursuant to this section:

41-38  (a) Is effective only for the school year during which it is issued or for a

41-39  more restricted period.

41-40  (b) Authorizes the licensee to drive a motor vehicle on a street or

41-41  highway only while going to and from school, and at a speed not in excess

41-42  of the speed limit set by law for school buses.

41-43  (c) May contain such other restrictions as the department may deem

41-44  necessary and proper.

41-45  (d) May authorize the licensee to transport as passengers in a motor

41-46  vehicle driven by him, only while he is going to and from school, members

41-47  of his immediate family, or other minor persons upon written consent of

41-48  the parents or guardians of such minors, but in no event may the number of

42-1  passengers so transported at any time exceed the number of passengers for

42-2  which the vehicle was designed.

42-3    4.  No restricted license may be issued under the provisions of this

42-4  section until the department is satisfied fully as to the applicant’s

42-5  competency and fitness to drive a motor vehicle.

42-6    5.  The department shall adopt regulations that set forth the

42-7  requirements for eligibility of a pupil to receive a restricted license

42-8  pursuant to paragraph (a) of subsection 1.

42-9    Sec. 53.  NRS 629.045 is hereby amended to read as follows:

42-10  629.045  1.  Every provider of health care to whom any person comes

42-11  or is brought for the treatment of:

42-12  (a) Second or third degree burns to 5 percent or more of his body;

42-13  (b) Burns to his upper respiratory tract or laryngeal edema resulting

42-14  from the inhalation of heated air; or

42-15  (c) Burns which may result in death,

42-16  shall promptly report that information to the appropriate local fire

42-17  department.

42-18  2.  The report required by subsection 1 must include:

42-19  (a) The name and address of the person treated, if known;

42-20  (b) The location of the person treated; and

42-21  (c) The character and extent of his injuries.

42-22  3.  A person required to make a report pursuant to subsection 1 shall,

42-23  within 3 working days after treating the person, submit a written report to:

42-24  (a) The appropriate local fire department in counties whose population

42-25  is [25,000] 40,000 or more; or

42-26  (b) The state fire marshal in counties whose population is less than

42-27  [25,000.] 40,000.

42-28  The report must be on a form provided by the state fire marshal.

42-29  4.  A provider of health care, his agents and employees are immune

42-30  from any civil action for any disclosures made in good faith in accordance

42-31  with the provisions of this section or any consequential damages.

42-32  Sec. 54.  NRS 644.217 is hereby amended to read as follows:

42-33  644.217  1.  The board may issue a certificate of registration as a

42-34  cosmetologist’s apprentice to a person if:

42-35  (a) The person is a resident of a county whose population is less than

42-36  [35,000;] 50,000;

42-37  (b) The person is required to travel more than 60 miles from his place of

42-38  residence to attend a licensed school of cosmetology; and

42-39  (c) The training of the person as a cosmetologist’s apprentice will be

42-40  conducted at a licensed cosmetological establishment that is located in such

42-41  a county.

42-42  2.  An applicant for a certificate of registration as a cosmetologist’s

42-43  apprentice must submit an application to the board on a form prescribed by

42-44  the board. The application must be accompanied by a fee of $100 and must

42-45  include:

42-46  (a) A statement signed by the licensed cosmetologist who will be

42-47  supervising and training the cosmetologist’s apprentice which states that

42-48  the licensed cosmetologist has been licensed by the board to practice

42-49  cosmetology in this state for not less than 3 years immediately preceding

43-1  the date of the application and that his license has been in good standing

43-2  during that period;

43-3    (b) A statement signed by the owner of the licensed cosmetological

43-4  establishment where the applicant will be trained which states that the

43-5  owner will permit the applicant to be trained as a cosmetologist’s

43-6  apprentice at the cosmetological establishment; and

43-7    (c) Such other information as the board may require by regulation.

43-8    3.  A certificate of registration as a cosmetologist’s apprentice is valid

43-9  for 2 years after the date on which it is issued and may be renewed by the

43-10  board upon good cause shown.

43-11  Sec. 55.  NRS 647.060 is hereby amended to read as follows:

43-12  647.060  1.  At the time of purchase by any junk dealer of any hides

43-13  or junk, the junk dealer shall require the person vending the hides or junk

43-14  to subscribe a statement containing the following information:

43-15  (a) When, where and from whom the vendor obtained the property.

43-16  (b) The vendor’s age, residence, including the city or town, and the

43-17  street and number, if any, of the residence, and such other information as is

43-18  reasonably necessary to enable the residence to be located.

43-19  (c) The name of the employer, if any, of the vendor and the place of

43-20  business or employment of the employer.

43-21  2.  Except as otherwise provided in subsection 3, the junk dealer shall

43-22  on the next business day:

43-23  (a) File the original statement subscribed by the vendor in the office of

43-24  the sheriff of the county where the purchase was made; and

43-25  (b) If the purchase was made in a city or town, file a copy of the

43-26  statement with the chief of police of that city or town.

43-27  3.  In a county whose population is [30,000] 45,000 or less, the original

43-28  statement may be filed in the office of the sheriff’s deputy for transmission

43-29  to the sheriff.

43-30  Sec. 56.  NRS 690B.015 is hereby amended to read as follows:

43-31     690B.015  1.  The commissioner shall annually conduct a survey of

43-32  licensed operators of body shops in this state to determine:

43-33  (a) The rates charged by such operators for painting and other repairs;

43-34  and

43-35  (b) The difference, if any, between the amount paid by the operators for

43-36  new and used parts acquired for repairs and the amount charged to

43-37  customers for those parts.

43-38  2.  The information obtained by the survey must be compiled in a

43-39  written report, which must set forth information relating to:

43-40  (a) Each county separately whose population is 50,000 or more ; [than

43-41  35,000;] and

43-42  (b) The remaining counties of the state.

43-43  The report is a public record for the purposes of NRS 239.010.

43-44  Sec. 57.  NRS 695G.175 is hereby amended to read as follows:

43-45     695G.175  1.  If a managed care organization contracts for the

43-46  provision of emergency medical services, outpatient services or inpatient

43-47  services with a hospital or other licensed health care facility that provides

43-48  acute care and is located in a city whose population is less than [45,000]

44-1  60,000 or a county whose population is less than 100,000, the managed

44-2  care organization shall not:

44-3    (a) Prohibit an insured from receiving services covered by the health

44-4  care plan of the insured at that hospital or licensed health care facility if the

44-5  services are provided by a provider of health care with whom the managed

44-6  care organization has contracted for the provision of the services;

44-7    (b) Refuse to provide coverage for services covered by the health care

44-8  plan of an insured that are provided to the insured at that hospital or

44-9  licensed health care facility if the services were provided by a provider of

44-10  health care with whom the managed care organization has contracted for

44-11  the provision of the services;

44-12  (c) Refuse to pay a provider of health care with whom the managed care

44-13  organization has contracted for the provision of services for providing

44-14  services to an insured at that hospital or licensed health care facility if the

44-15  services are covered by the health care plan of the insured;

44-16  (d) Discourage a provider of health care with whom the managed care

44-17  organization has contracted for the provision of services from providing

44-18  services to an insured at that hospital or licensed health care facility that

44-19  are covered by the health care plan of the insured; or

44-20  (e) Offer or pay any type of material inducement, bonus or other

44-21  financial incentive to a provider of health care:

44-22     (1) To provide services to an insured that are covered by the health

44-23  care plan of the insured at another hospital or licensed health care facility;

44-24  or

44-25     (2) Not to provide services to an insured at that hospital or licensed

44-26  health care facility that are covered by the health care plan of the insured.

44-27  2.  Nothing in this section prohibits a managed care organization from

44-28  informing an insured that enhanced health care services are available at a

44-29  hospital or licensed health care facility other than the hospital or licensed

44-30  health care facility described in subsection 1 with which the managed care

44-31  organization contracts for the provision of emergency medical services,

44-32  outpatient services or inpatient services.

44-33  Sec. 58.  NRS 710.147 is hereby amended to read as follows:

44-34  710.147  1.  The governing body of a county whose population is

44-35  [35,000] 50,000 or more:

44-36  (a) Shall not sell telecommunications service to the general public.

44-37  (b) May purchase or construct facilities for providing

44-38  telecommunications that intersect with public rights of way if the

44-39  governing body:

44-40     (1) Conducts a study to evaluate the costs and benefits associated

44-41  with purchasing or constructing the facilities; and

44-42     (2) Determines from the results of the study that the purchase or

44-43  construction is in the interest of the general public.

44-44  2.  Any information relating to the study conducted pursuant to

44-45  subsection 1 must be maintained by the county clerk and made available

44-46  for public inspection during the business hours of the office of the county

44-47  clerk.

44-48  3.  Notwithstanding the provisions of paragraph (a) of subsection 1, an

44-49  airport may sell telecommunications service to the general public.

45-1    4.  As used in this section:

45-2    (a) “Telecommunications” has the meaning ascribed to it in 47 U.S.C. §

45-3  153(43), as that section existed on July 16, 1997.

45-4    (b) “Telecommunications service” has the meaning ascribed to it in 47

45-5  U.S.C. § 153(46), as that section existed on July 16, 1997.

45-6    Sec. 59.  NRS 711.175 is hereby amended to read as follows:

45-7    711.175  Except as otherwise provided in NRS 318.1192, 318.1193 and

45-8  318.1194:

45-9    1.  The governing body of a county whose population is [35,000]

45-10  50,000 or more shall not sell the services of a community antenna

45-11  television system to the general public.

45-12  2.  The governing body of a city whose population is 25,000 or more

45-13  shall not sell the services of a community antenna television system to the

45-14  general public.

45-15     Sec. 60. Section 12 of Assembly Bill No. 487 of this session is

45-16  hereby amended to read as follows:

45-17  Sec. 12. NRS 283.040 is hereby amended to read as follows:

45-18     283.040  1.  Every office becomes vacant upon the occurring of

45-19  any of the following events before the expiration of the term:

45-20  (a) The death or resignation of the incumbent.

45-21  (b) The removal of the incumbent from office.

45-22  (c) The confirmed insanity of the incumbent, found by a court of

45-23  competent jurisdiction.

45-24  (d) A conviction of the incumbent of any felony or offense

45-25  involving a violation of his official oath or bond or a violation of NRS

45-26  241.040, 293.1755 or 293C.200.

45-27  (e) A refusal or neglect of the person elected or appointed to take

45-28  the oath of office, as prescribed in NRS 282.010, or, when a bond is

45-29  required by law, his refusal or neglect to give the bond within the time

45-30  prescribed by law.

45-31  (f) Except as otherwise provided in NRS 266.400, the ceasing of

45-32  the incumbent to be an actual, as opposed to constructive, resident of

45-33  the state, district, county, city, ward or other unit prescribed by law in

45-34  which the duties of his office are to be exercised, or from which he

45-35  was elected or appointed, or in which he was required to reside to be a

45-36  candidate for office or appointed to office.

45-37  (g) The neglect or refusal of the incumbent to discharge the duties

45-38  of his office for a period of 30 days, except when prevented by

45-39  sickness or absence from the state or county, as provided by law. In a

45-40  county whose population is less than 15,000, after an incumbent, other

45-41  than a state officer, has been prevented by sickness from discharging

45-42  the duties of his office for at least 6 months, the district attorney,

45-43  either on his own volition or at the request of another person, may

45-44  petition the district court to declare the office vacant. If the incumbent

45-45  holds the office of district attorney, the attorney general, either on his

45-46  own volition or at the request of another person, may petition the

45-47  district court to declare the office vacant. The district court shall hold

45-48  a hearing to determine whether to declare the office vacant and, in

45-49  making its determination, shall consider evidence relating to:

46-1      (1) The medical condition of the incumbent;

46-2      (2) The extent to which illness, disease or physical weakness has

46-3  rendered the incumbent unable to manage independently and perform

46-4  the duties of his office; and

46-5      (3) The extent to which the absence of the incumbent has had a

46-6  detrimental effect on the applicable governmental entity.

46-7    (h) The decision of a competent tribunal declaring the election or

46-8  appointment void or the office vacant.

46-9    (i) A determination pursuant to section 2 or 8 of this act that the

46-10  incumbent fails to meet any qualification required for the office.

46-11  2.  Upon the happening of any of the events described in

46-12  subsection 1, if the incumbent fails or refuses to relinquish his office,

46-13  the attorney general shall, if the office is a state office or concerns

46-14  more than one county, or the district attorney shall, if the office is a

46-15  county office or concerns territory within one county, commence and

46-16  prosecute, in a court of competent jurisdiction, any proceedings for

46-17  judgment and decree declaring that office vacant.

46-18  Sec. 61.  The legislature declares that in enacting this act it has

46-19  reviewed each of the classifications by population amended by this act, has

46-20  considered the suggestions of the several counties and of other interested

46-21  persons in the state relating to whether any should be retained unchanged

46-22  or amended differently, and has found that each of the sections in which a

46-23  criterion of population has been changed should not under present

46-24  conditions apply to a county larger or smaller, as the case may be, than the

46-25  new criterion established.

46-26  Sec. 62.  1.  This section and sections 1, 3, 5 to 13, inclusive, 15 to

46-27  18, inclusive, 20 and 22 to 61, inclusive, of this act become effective on

46-28  July 1, 2001.

46-29  2.  Sections 4, 14, 19 and 21 of this act becomes effective at 12:01 a.m.

46-30  on July 1, 2001.

 

46-31  H