[Rev. 11/21/2013 10:17:45 AM--2013]

CHAPTER 237 - MISCELLANEOUS PROVISIONS APPLICABLE TO GOVERNMENTAL ENTITIES

SALES, LEASES, TRANSFERS, CONVEYANCES AND EXCHANGES OF LAND

NRS 237.020           Effect of collusion among bidders or advance disclosures regarding purchase or lease of property of local government.

NRS 237.023           Domestic or foreign limited-liability company required to submit disclosure if buying, leasing, transferring, conveying or exchanging land with local government.

ADOPTION OF RULES AFFECTING BUSINESSES

NRS 237.030           Definitions.

NRS 237.040           “Business” defined.

NRS 237.050           “Local government” defined.

NRS 237.060           “Rule” defined.

NRS 237.070           Applicability.

NRS 237.080           Prerequisites to adoption of rule by local government.

NRS 237.090           Consideration of business impact statement at regular meeting held before meeting to adopt proposed rule required; inclusion of business impact statement on agenda before statement is available for public inspection prohibited.

NRS 237.100           Objection to adopted rule: Petition; procedure.

NRS 237.110           Adoption of rule during emergency.

NRS 237.150           Nevada Tax Commission authorized to adopt certain regulations and required to advise local governments regarding procedures and forms required for compliance at request of Committee on Local Government Finance.

COORDINATION OF COLLECTION OF CERTAIN INFORMATION FROM BUSINESSES

NRS 237.180           Requirements; annual meeting to design and modify joint forms.

FORMS OF IDENTIFICATION

NRS 237.200           Acceptance of consular identification cards.

DISPLAY OF FLAG OF UNITED STATES

NRS 237.250           Prohibited practices by local government employer: Exceptions; remedies.

DIGITAL PARCEL BASE MAPS

NRS 237.300           Provision to State Demographer by certain counties; provision to certain state agencies upon request by State Demographer; exception; provision of summary of research; confidentiality.

ELECTRONIC RECEIPT OF INFORMATION AND TRANSMITTAL OF RECORDS

NRS 237.350           “State agency” defined.

NRS 237.360           Duty of state agencies to make electronic version of certain administrative forms available on Internet website; waiver.

NRS 237.370           Transmittal of records between state agencies.

_________

SALES, LEASES, TRANSFERS, CONVEYANCES AND EXCHANGES OF LAND

      NRS 237.020  Effect of collusion among bidders or advance disclosures regarding purchase or lease of property of local government.  When sealed bids or proposals, or oral bids, are accepted for the purchase or lease of the property of a local government:

      1.  Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price or otherwise, is unlawful and renders the bids or proposals of the colluding bidders void.

      2.  Advance disclosure of any information to a bidder which would give that bidder an advantage over another bidder, if made or permitted by a member, employee or representative of the governing body renders all bids or proposals void.

      (Added to NRS by 1995, 238)

      NRS 237.023  Domestic or foreign limited-liability company required to submit disclosure if buying, leasing, transferring, conveying or exchanging land with local government.

      1.  If a local government sells, leases, transfers or conveys land to, or exchanges land with, a domestic or foreign limited-liability company, the local government shall require the domestic or foreign limited-liability company to submit a disclosure to the local government setting forth the name of any person who holds an ownership interest of 1 percent or more in the domestic or foreign limited-liability company. The disclosure must be made available for public inspection upon request.

      2.  As used in this section:

      (a) “Land” includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.

      (b) “Local government” means any political subdivision of this State, including, without limitation, any county, city, town, board, airport authority, regional transportation commission, fire protection district, irrigation district, school district or other special district that performs a governmental function.

      (Added to NRS by 2005, 2208)

ADOPTION OF RULES AFFECTING BUSINESSES

      NRS 237.030  Definitions.  As used in NRS 237.030 to 237.150, inclusive, unless the context otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2072; A 2001, 755)

      NRS 237.040  “Business” defined.  “Business” means a trade or occupation conducted for profit.

      (Added to NRS by 1999, 2072)

      NRS 237.050  “Local government” defined.  “Local government” means a political subdivision of this State, including, without limitation, a city, county, irrigation district, water district or water conservancy district.

      (Added to NRS by 1999, 2072)

      NRS 237.060  “Rule” defined.

      1.  “Rule” means:

      (a) An ordinance by the adoption of which the governing body of a local government exercises legislative powers; and

      (b) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses.

      2.  “Rule” does not include:

      (a) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of:

             (1) Special assessments imposed pursuant to chapter 271 of NRS;

             (2) Impact fees imposed pursuant to chapter 278B of NRS;

             (3) Fees for remediation imposed pursuant to chapter 540A of NRS;

             (4) Taxes ad valorem;

             (5) Sales and use taxes; or

             (6) A fee that has been negotiated pursuant to a contract between a business and a local government.

      (b) An action taken by the governing body of a local government that approves, amends or augments the annual budget of the local government.

      (c) An ordinance adopted by the governing body of a local government pursuant to a provision of chapter 271, 271A, 278, 278A, 278B or 350 of NRS.

      (d) An ordinance adopted by or action taken by the governing body of a local government that authorizes or relates to the issuance of bonds or other evidence of debt of the local government.

      (Added to NRS by 1999, 2072; A 2001, 755; 2005, 2370)

      NRS 237.070  Applicability.  The provisions of NRS 237.030 to 237.150, inclusive, do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into which the local government has entered.

      (Added to NRS by 1999, 2072)

      NRS 237.080  Prerequisites to adoption of rule by local government.

      1.  Before a governing body of a local government adopts a proposed rule, the governing body or its designee must make a concerted effort to determine whether the proposed rule will impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. The governing body of a local government or its designee must notify trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent.

      2.  After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired, the governing body or its designee shall determine whether the proposed rule is likely to:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee.

      3.  If the governing body or its designee determines pursuant to subsection 2 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:

      (a) Simplifying the proposed rule;

      (b) Establishing different standards of compliance for a business; and

      (c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.

      4.  After making a determination pursuant to subsection 2, the governing body or its designee shall prepare a business impact statement.

      (Added to NRS by 1999, 2072; A 2005, 1478; 2013, 2309)

      NRS 237.090  Consideration of business impact statement at regular meeting held before meeting to adopt proposed rule required; inclusion of business impact statement on agenda before statement is available for public inspection prohibited.

      1.  A business impact statement prepared pursuant to NRS 237.080 must be considered by the governing body at its regular meeting next preceding any regular meeting held to adopt the proposed rule. The business impact statement must set forth the following information:

      (a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

      (b) The estimated economic effect of the proposed rule on the businesses which it is to regulate, including, without limitation:

             (1) Both adverse and beneficial effects; and

             (2) Both direct and indirect effects.

      (c) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.

      (d) The estimated cost to the local government for enforcement of the proposed rule.

      (e) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.

      (f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

      (g) The reasons for the conclusions regarding the impact of the proposed rule on businesses.

      2.  The county manager, city manager or other chief executive officer for the governing body of a local government shall sign the business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.

      3.  The governing body of a local government shall not include the consideration of a business impact statement on the agenda for a meeting unless the statement has been prepared and is available for public inspection at the time the agenda is first posted.

      (Added to NRS by 1999, 2073; A 2005, 1479; 2013, 2309)

      NRS 237.100  Objection to adopted rule: Petition; procedure.

      1.  A business that is aggrieved by a rule adopted by the governing body of a local government on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the governing body that adopted the rule within 30 days after the date on which the rule was adopted.

      2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

      (a) The governing body of the local government or its designee failed to prepare a business impact statement as required pursuant to NRS 237.080 and 237.090; or

      (b) The business impact statement prepared by the governing body or its designee pursuant to NRS 237.080 and 237.090 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the rule on businesses.

      3.  After receiving a petition pursuant to subsection 1, the governing body of a local government shall determine whether the petition has merit. If the governing body determines that the petition has merit, the governing body may take action to amend the rule to which the business objected.

      4.  Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.

      (Added to NRS by 1999, 2073; A 2005, 1479; 2013, 2310)

      NRS 237.110  Adoption of rule during emergency.  The governing body of a local government may adopt a rule without complying with the provisions of NRS 237.030 to 237.150, inclusive, if the governing body declares, by unanimous vote, that emergency action is necessary to protect public health and safety. Such a rule may remain in effect for not more than 6 months after the date on which it was adopted.

      (Added to NRS by 1999, 2074)

      NRS237.150  Nevada Tax Commission authorized to adopt certain regulations and required to advise local governments regarding procedures and forms required for compliance at request of Committee on Local Government Finance.  At the request of the Committee on Local Government Finance, the Nevada Tax Commission:

      1.  May adopt regulations interpreting the provisions of NRS 237.030 to 237.150, inclusive, that are recommended by the Committee on Local Government Finance.

      2.  Shall advise officers of local governments regarding procedures and forms that are required for compliance with the provisions of NRS 237.030 to 237.150, inclusive, and any regulations adopted that interpret those provisions.

      (Added to NRS by 2001, 755)

COORDINATION OF COLLECTION OF CERTAIN INFORMATION FROM BUSINESSES

      NRS 237.180  Requirements; annual meeting to design and modify joint forms.

      1.  The agencies of this State, and the local governments within this State, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the Department of Taxation, the Employment Security Division of the Department of Employment, Training and Rehabilitation, the State Department of Conservation and Natural Resources, and the counties and cities that require a business license.

      2.  On or before October 1 of each year, the Executive Director of the Department of Taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The Secretary of State, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If the Executive Director knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, the Executive Director shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The Administrator of the Division of Enterprise Information Technology Services of the Department of Administration shall assist in effecting the consolidation of the information and the creation of the forms.

      3.  The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada Tax Commission for a decision that is binding on all parties.

      4.  The provisions of chapter 241 of NRS apply to a meeting held pursuant to this section. The Executive Director of the Department of Taxation shall provide members of the staff of the Department of Taxation to assist in complying with the requirements of chapter 241 of NRS.

      (Added to NRS by 1993, 1470; A 1995, 649; 1997, 58, 3088; 1999, 398, 1813; 2013, 1617)—(Substituted in revision for NRS 277.185)

FORMS OF IDENTIFICATION

      NRS 237.200  Acceptance of consular identification cards.

      1.  Except as otherwise provided in subsection 2, with respect to any activity or transaction in which a local government accepts an identification card issued by the Department of Motor Vehicles to identify a person, the local government may also accept a consular identification card to identify a person.

      2.  The provisions of subsection 1 apply only to the presentation of a consular identification card for purposes of identification and do not convey an independent right to receive benefits of any type.

      3.  As used in this section:

      (a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.

      (b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

      (c) “Local government” has the meaning ascribed to it in NRS 237.050.

      (Added to NRS by 2003, 1932)

DISPLAY OF FLAG OF UNITED STATES

      NRS 237.250  Prohibited practices by local government employer: Exceptions; remedies.

      1.  Except as otherwise provided in subsection 2, a local government employer shall not:

      (a) Prohibit or restrict an employee from engaging in the display of the flag of the United States:

             (1) On the person of the employee;

             (2) In the workplace of the employee; or

             (3) On a vehicle owned by the local government employer that is operated by the employee in the course of performing the employee’s duties; or

      (b) Discharge or otherwise discriminate against any employee because the employee has exercised his or her right to engage in the display of the flag of the United States as described in paragraph (a).

      2.  The provisions of this section do not:

      (a) Apply to the display of the flag of the United States for commercial advertising purposes.

      (b) Preclude a local government employer from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the local government employer determines that such restrictions are necessary to preserve the order or discipline of the workplace.

      3.  An employee who is prohibited or restricted from engaging in the display of the flag of the United States in violation of paragraph (a) of subsection 1 or is discharged or otherwise discriminated against in violation of paragraph (b) of subsection 1 may bring a civil action against a local government employer who violates the provisions of subsection 1 and obtain:

      (a) Any wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits; and

      (c) Damages equal to the amount of the lost wages and benefits.

      4.  The court shall award reasonable costs, including court costs and attorney’s fees to the prevailing party in an action brought pursuant to this section.

      5.  The remedy provided for in this section is the exclusive remedy for an action brought pursuant to this section.

      6.  As used in this section:

      (a) “Display of the flag of the United States” means a flag of the United States that is:

             (1) Made of cloth, fabric, paper, plastic or metal;

             (2) Displayed:

                   (I) From a pole or staff or in a window; or

                   (II) In the form of a brooch, button, pin, sticker, transfer or transparency;

             (3) If applicable, displayed in a manner that is consistent with 4 U.S.C. chapter 1; and

             (4) Of a size to allow the flag, or depiction thereof, to be displayed in the workplace without undue disruption or the creation of a safety hazard.

      (b) “Local government employer” has the meaning ascribed to it in NRS 288.060.

      (Added to NRS by 2003, 2971)

DIGITAL PARCEL BASE MAPS

      NRS 237.300  Provision to State Demographer by certain counties; provision to certain state agencies upon request by State Demographer; exception; provision of summary of research; confidentiality.

      1.  Notwithstanding any other provision of law, not later than September 1 of each year, each county which possesses or maintains a digital parcel base map for the county shall provide the digital parcel base map for the county, as of June 30 of that year, to the State Demographer at no charge. The State Demographer may not require a county to provide a digital parcel base map in a particular electronic format or to use any specific software to provide the digital parcel base map. The State Demographer shall keep confidential the information provided to him or her pursuant to this subsection, except that the State Demographer shall provide such information at no charge to a state agency which satisfies the requirements of this section.

      2.  A state agency engaged in activities related to economic development or population estimate research may request the digital parcel base maps for each county that possesses or maintains a digital parcel base map by submitting a written request to the State Demographer. The written request must include, without limitation:

      (a) The name and address of the state agency;

      (b) A statement of the purpose for which the state agency is seeking the digital parcel base maps; and

      (c) A summary of the research or statistical reports which will be produced from the digital parcel base maps.

      3.  Except as otherwise provided in subsection 4, if the State Demographer finds that a written request complies with subsection 2, the State Demographer shall provide to the state agency at no charge the digital parcel base maps provided to the State Demographer pursuant to subsection 1.

      4.  The State Demographer may refuse a request submitted by a state agency pursuant to subsection 2 if the State Demographer has provided the requested information to the state agency during the calendar year in which the request is made.

      5.  A state agency receiving a digital parcel base map pursuant to this section shall provide to the county that provided the digital parcel base map and the Office of Economic Development, at no charge, a summary of the research produced from that information.

      6.  A state agency receiving a digital parcel base map pursuant to this section shall keep the digital parcel base map confidential, and, except as otherwise provided in subsection 5, the State Demographer, or any employee or other agent of a state agency receiving a digital parcel base map for a county pursuant to this section, shall not provide the digital parcel base map to any person or governmental agency.

      7.  As used in this section:

      (a) “Digital parcel base map” means a map in an electronic format that contains the boundaries of the parcels in the county.

      (b) “State agency” means:

             (1) The State of Nevada, or any agency, instrumentality or corporation thereof; and

             (2) Faculty of the Nevada System of Higher Education or any branch or facility thereof.

      (c) “State Demographer” means the demographer employed pursuant to NRS 360.283.

      (Added to NRS by 2011, 3492)

ELECTRONIC RECEIPT OF INFORMATION AND TRANSMITTAL OF RECORDS

      NRS 237.350  “State agency” defined.  As used in this section and NRS 237.360 and 237.370, the term “state agency” means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.

      (Added to NRS by 2013, 1147)

      NRS 237.360  Duty of state agencies to make electronic version of certain administrative forms available on Internet website; waiver.

      1.  Except as otherwise provided in subsection 3, a state agency shall, as soon as reasonably practicable, but not later than June 30, 2015, make available on an Internet website maintained by the state agency an electronic version of each administrative form of the state agency which is used by any person to submit information to the state agency. The electronic version of each administrative form must be in a format that allows a person to complete or prepare the form electronically, download and save an electronic copy of the form to a computer and submit the form to the state agency securely via the Internet.

      2.  A state agency may, in the discretion of the state agency:

      (a) Utilize, in the manner that the state agency determines is appropriate, any program, software or technology that the state agency determines is appropriate for the purposes of complying with the requirements of subsection 1;

      (b) Collaborate with another state agency to carry out the provisions of subsection 1, including, without limitation, for the purpose of sharing technology; and

      (c) Comply with the provisions of subsection 1 in phases or separate portions over time, if the state agency determines that such an approach would be useful in fully complying with the provisions of subsection 1 by June 30, 2015.

      3.  A state agency may apply to the Interim Finance Committee for a waiver of the requirements of subsection 1. The Committee shall grant such a waiver to a state agency if the Committee determines that extenuating circumstances exist or that the cost to comply with subsection 1 is unreasonable and would place an undue burden on the operations of the state agency.

      (Added to NRS by 2013, 1147)

      NRS 237.370  Transmittal of records between state agencies.  A state agency may, upon receiving a written request from any other state agency, provide to the requesting state agency a copy of any record maintained by the state agency other than a record which is declared by law to be confidential. For the purposes of this section, if a record is declared by law to be confidential in part and not confidential in part, the state agency may provide to the requesting state agency a copy of that portion of the record which is not confidential.

      (Added to NRS by 2013, 1148)