Senate Bill No. 145–Committee on Government Affairs

 

(On Behalf of the Nevada Association of Counties)

 

February 18, 2003

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Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning counties. (BDR 20‑172)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to counties; authorizing a board of county commissioners to create by ordinance the same offenses punishable as misdemeanors by statute and to provide for a civil penalty in lieu of a criminal penalty for violations of ordinances in certain circumstances; authorizing a board of county commissioners to exercise certain additional powers under certain circumstances; revising the uses of and interests in federal land that a board of county commissioners may apply for and accept; 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. Chapter 244 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  A board of county commissioners may, by ordinance:

1-4  1.  Except as otherwise provided by specific statute, create an

1-5  offense which is punishable as a misdemeanor if the same offense

1-6  is punishable as a misdemeanor by statute; and

1-7  2.  Provide for a civil penalty and the payment of costs and

1-8  reasonable attorney’s fees for a violation of an ordinance enacted

1-9  by the board, in lieu of a criminal penalty, unless a statute

1-10  provides a criminal penalty for the same act or omission.

2-1  Sec. 2.  NRS 244.189 is hereby amended to read as follows:

2-2  244.189  1.  Except as otherwise provided in subsection 2 and

2-3  in addition to any other powers authorized by specific statute, a

2-4  board of county commissioners may exercise such powers and enact

2-5  such ordinances, not in conflict with the provisions of NRS or other

2-6  laws or regulations of this state, as the board determines are

2-7  necessary and proper for:

2-8  (a) The development of affordable housing;

2-9  (b) The control and protection of animals;

2-10      (c) The rehabilitation of rental property in residential

2-11  neighborhoods; [and]

2-12      (d) The rehabilitation of abandoned residential property[.] ;

2-13      (e) The redevelopment of communities;

2-14      (f) The abatement of nuisances;

2-15      (g) Public safety; and

2-16      (h) Public health and sanitation.

2-17      2.  The board of county commissioners shall not impose or

2-18  increase a tax unless the tax or increase is otherwise authorized by

2-19  specific statute.

2-20      [3.  The board of county commissioners may, in lieu of a

2-21  criminal penalty, provide a civil penalty for a violation of an

2-22  ordinance enacted pursuant to this section unless state law provides

2-23  a criminal penalty for the same act or omission.]

2-24      Sec. 3.  NRS 244.277 is hereby amended to read as follows:

2-25      244.277  The board of county commissioners may apply for and

2-26  accept [grants] :

2-27      1.  Grants of rights-of-way , [or] permits , leases and patents

2-28  and subsequent renewals of grants of rights-of-way , [or] permits ,

2-29  leases and patents over, upon, under or through any land or interest

2-30  in land owned by the United States and administered by the

2-31  Secretary of the Interior through the Bureau of Land Management

2-32  and by the Secretary of Agriculture with respect to lands within the

2-33  National Forest System, pursuant to Title V of the Federal Land

2-34  Policy and Management Act of 1976 , [(]43 U.S.C. §§ 1761-1771

2-35  [),] , and the Recreation and Public Purposes Act, 43 U.S.C. §§

2-36  869-869-4; and

2-37      2.  Special use permits for parks, forests and public property

2-38  owned by the United States and administered by the Secretary of

2-39  Agriculture, through the United States Forest Service, pursuant to

2-40  Title 16 of the United States Code and 36 C.F.R. Part 251,

2-41  and in connection therewith may comply with federal regulations

2-42  and stipulations consistent with [Title V of the Federal Land Policy

2-43  and Management Act of 1976] the federal statutes and regulations

2-44  set forth in this section or any other applicable federal statute[.] or

2-45  regulation.

3-1  Sec. 4.  This act becomes effective on July 1, 2003.

 

3-2  H