κ2001 Statutes of Nevada, Page 1919 (Chapter 397, AB 428)κ
ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
3. During a regular or special session, the interim finance committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.
4. If the interim finance committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the legislative commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.
Sec. 12. NRS 232.215 is hereby amended to read as follows:
232.215 The director:
1. Shall appoint a chief of the:
(a) Risk management division;
(b) Buildings and grounds division;
(c) Purchasing division;
(d) State printing division;
(e) Administrative services division;
(f) Division of internal audits; and
(g) Motor pool division, if separately established.
2. Shall appoint a chief of the budget division, or may serve in this position if he has the qualifications required by NRS 353.175.
3. Shall serve as chief of the hearings division and shall appoint the hearing officers and compensation officers. The director may designate one of the appeals officers in the division to supervise the administrative, technical and procedural activities of the division.
4. [Shall serve as chairman of the state public works board.
5.] Is responsible for the administration, through the divisions of the department, of the provisions of chapters 331, 333, 336 and 344 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, and all other provisions of law relating to the functions of the divisions of the department.
[6.] 5. Is responsible for the administration of the laws of this state relating to the negotiation and procurement of medical services and other benefits for state agencies.
[7.] 6. Has such other powers and duties as are provided by law.
Sec. 13. Notwithstanding the amendatory provisions of NRS 341.020, each member of the state public works board continues to serve on the board until the expiration of his term.
Sec. 14. 1. This section and sections 1 to 9, inclusive, 11, 12 and 13 of this act become effective on July 1, 2001.
2. Section 9 of this act expires by limitation on October 1, 2003.
3. Section 10 of this act becomes effective at 12:01 a.m. on October 1, 2003.
________
κ2001 Statutes of Nevada, Page 1920κ
Assembly Bill No. 442Assemblymen Ohrenschall, Manendo, Claborn, Anderson, Angle, Arberry, Berman, Brown, Buckley, Carpenter, Chowning, Collins, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Lee, McClain, Mortenson, Nolan, Oceguera, Parks and Price
CHAPTER 398
AN ACT relating to sanitation; increasing the penalties for disposing of sewage or solid waste unlawfully; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.630 is hereby amended to read as follows:
444.630 1. [As used in this section, garbage includes swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every] A person who [willfully] places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any [garbage,] solid waste, in or upon any street, alley, public highway or road in common use, or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property , [into or upon which the public is admitted by easement, license or otherwise,] is guilty of :
(a) For a first offense within the immediately preceding 2 years, a misdemeanor . [and, if the convicted person agrees, he shall be sentenced to]
(b) For a second offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for not fewer than 14 days but not more than 1 year.
(c) For a third or subsequent offense within the immediately preceding 2 years, a gross misdemeanor and shall be punished by imprisonment in the county jail for 1 year.
2. In addition to any criminal penalty imposed pursuant to subsection 1 and any civil penalty imposed pursuant to NRS 444.635, a court shall sentence a person convicted of violating subsection 1:
(a) If the person is a natural person, to clean up the dump site and perform 10 hours of work for the benefit of the community under the conditions prescribed in NRS 176.087.
(b) If the person is a business entity:
(1) For a first or second offense within the immediately preceding 2 years, to:
(I) Clean up the dump site; and
(II) Perform 40 hours of community service cleaning up other dump sites identified by the solid waste management authority.
(2) For a third or subsequent offense within the immediately preceding 2 years, to:
κ2001 Statutes of Nevada, Page 1921 (Chapter 398, AB 442)κ
(I) Clean up the dump site; and
(II) Perform 200 hours of community service cleaning up other dump sites identified by the solid waste management authority.
3. If a person is sentenced to clean up a dump site pursuant to subsection 2, the person shall:
(a) Within 3 calendar days after sentencing, commence cleaning up the dump site; and
(b) Within 5 business days after cleaning up the dump site, provide to the solid waste management authority proof of the lawful disposal of the sewage, solid waste or other matter that the person was convicted of disposing of unlawfully.
The solid waste management authority shall prescribe the forms of proof which may be provided to satisfy the provisions of paragraph (b).
4. In addition to any other penalty prescribed by law, if a business entity is convicted of violating subsection 1:
(a) Such violation constitutes reasonable grounds for the revocation of any license to engage in business that has been issued to the business entity by any governmental entity of this state; and
(b) The solid waste management authority may seek the revocation of such a license by way of any applicable procedures established by the governmental entity that issued the license.
5. Except as otherwise provided in NRS 444.585, ownership of [garbage] solid waste does not transfer from the person who originally possessed it until it is received for transport by a person authorized to dispose of solid waste pursuant to this chapter or until it is disposed of at a municipal disposal site. Identification of the owner of any [garbage] solid waste which is disposed of in violation of subsection [2] 1 creates a reasonable inference that the owner is the person who disposed of the [garbage.] solid waste. The fact that the disposal of the [garbage] solid waste was not witnessed does not, in and of itself, preclude the identification of its owner.
[4.] 6. All:
(a) Health officers and their deputies;
(b) Game wardens;
(c) Police officers of cities and towns;
(d) Sheriffs and their deputies;
(e) Other peace officers of the State of Nevada; and
(f) Other persons who are specifically designated by the local government to do so,
shall, within their respective jurisdictions, enforce the provisions of this section.
[5.] 7. A district health officer or his deputy or other person specifically designated by the local government to do so may issue a citation for any violation of this section which occurs within his jurisdiction.
[6.] 8. To effectuate the purposes of this section, the persons charged with enforcing this section may request information from any:
(a) Agency of the state or its political subdivisions.
(b) Employer, public or private.
(c) Employee organization or trust of any kind.
(d) Financial institution or other entity which is in the business of providing credit reports.
κ2001 Statutes of Nevada, Page 1922 (Chapter 398, AB 442)κ
(e) Public utility.
Each of these persons and entities, their officers and employees, shall cooperate by providing any information in their possession which may aid in the location and identification of a person believed to be in violation of subsection [2.] 1. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.
Sec. 2. This act becomes effective upon passage and approval for the purpose of the solid waste management authority prescribing the forms of proof which may be provided to satisfy the provisions of paragraph (b) of subsection 3 of section 1 of this act, and on September 1, 2001, for all other purposes.
________
Assembly Bill No. 452Assemblywoman Giunchigliani
CHAPTER 399
AN ACT relating to insurance; requiring certain providers of individual or group health insurance to contract with federally qualified health centers as providers of certain health care services under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An individual carrier that offers a health benefit plan that includes a provision for a restricted network shall use its best efforts to contract with at least one health center in each established geographic service area to provide health care services to persons covered by the plan if the health center:
(a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.
2. As used in this section, health center has the meaning ascribed to it in 42 U.S.C. § 254b.
Sec. 2. NRS 689A.470 is hereby amended to read as follows:
689A.470 As used in NRS 689A.470 to 689A.740, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 689A.475 to 689A.605, inclusive, have the meanings ascribed to them in those sections.
κ2001 Statutes of Nevada, Page 1923 (Chapter 399, AB 452)κ
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers coverage through a network plan shall use its best efforts to contract with at least one health center in each established geographic service area of the carrier or geographic area for which the carrier is authorized to transact insurance to provide medical care for enrollees if the health center:
(a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.
2. As used in this section:
(a) Health center has the meaning ascribed to it in 42 U.S.C. § 254b.
(b) Network plan has the meaning ascribed to it in NRS 689B.570.
Sec. 4. NRS 689B.340 is hereby amended to read as follows:
689B.340 As used in NRS 689B.340 to 689B.600, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 689B.350 to 689B.460, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A carrier that offers a network plan shall use its best efforts to contract with at least one health center in each established geographic service area to provide health care as a member of the carriers defined set of providers under the network plan if the health center:
(a) Meets all conditions imposed by the carrier on similarly situated providers of health care that are members of the carriers defined set of providers, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care that are members of the carriers defined set of providers.
2. As used in this section, health center has the meaning ascribed to it in 42 U.S.C. § 254b.
Sec. 6. NRS 695A.152 is hereby amended to read as follows:
695A.152 1. To the extent reasonably applicable, a fraternal benefit society shall comply with the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS relating to the portability and availability of health insurance offered by the society to its members. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS, the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS control.
κ2001 Statutes of Nevada, Page 1924 (Chapter 399, AB 452)κ
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to group health plan or carrier must be replaced by fraternal benefit society.
Sec. 7. NRS 695B.318 is hereby amended to read as follows:
695B.318 1. Nonprofit hospital, medical or dental service corporations are subject to the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS relating to the portability and availability of health insurance offered by such organizations. If there is a conflict between the provisions of this chapter and the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS, the provisions of NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and chapter 689C of NRS control.
2. For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to:
(a) Carrier must be replaced by corporation.
(b) Group health plan must be replaced by group contract for hospital, medical or dental services.
Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 422.273, a health maintenance organization that furnishes health care services through providers which are under contract with the organization shall use its best efforts to contract with at least one health center in each geographic area served by the organization to provide such services to enrollees if the health center:
(a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.
2. As used in this section, health center has the meaning ascribed to it in 42 U.S.C. § 254b.
Sec. 9. NRS 695F.090 is hereby amended to read as follows:
695F.090 Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
κ2001 Statutes of Nevada, Page 1925 (Chapter 399, AB 452)κ
6. The assessment imposed pursuant to NRS 679B.158.
7. Chapter 683A of NRS.
8. To the extent applicable, the provisions of NRS 689B.340 to 689B.600, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
9. NRS 689A.035, 689A.410 and 689A.413.
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this subsection, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to prepaid limited health service organization.
11. Chapter 692C of NRS, concerning holding companies.
12. Section 1 of this act, concerning health centers.
Sec. 10. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization that delivers health care services by using independently contracted providers of health care shall use its best efforts to contract with at least one health center in each geographic area served by the organization to provide such services to insureds if the health center:
(a) Meets all conditions imposed by the organization on similarly situated providers of health care that are under contract with the organization, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the organization to similarly situated providers of health care that are under contract with the organization.
2. As used in this section, health center has the meaning ascribed to it in 42 U.S.C. § 254b.
Sec. 11. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
κ2001 Statutes of Nevada, Page 1926 (Chapter 399, AB 452)κ
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. Any contract with an independent administrator must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of section 3 of this act and NRS 689B.030 to 689B.050, inclusive, apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0359 do not apply to such coverage.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
Sec. 12. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in this section, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the program, and every officer or employee who commences his employment after that date, is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
κ2001 Statutes of Nevada, Page 1927 (Chapter 399, AB 452)κ
5. An officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada who retires under the conditions set forth in NRS 286.510 or 286.620 and was not participating in the program at the time of his retirement is eligible to participate in the program 60 days after notice of the selection to participate is given pursuant to NRS 287.023 or 287.0235. The board shall make a separate accounting for these retired persons. For the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the expected claims experience with these retired persons. The claims experience of these retired persons must not be commingled with the retired persons who were members of the program before their retirement, nor with active employees of the state. After the first year following enrollment, the rates charged must be the full actuarial costs determined by the actuary based upon the past claims experience of these retired persons since enrolling.
6. Notwithstanding the provisions of subsections 1, 3 and 4, if the board does not, pursuant to NRS 689B.580, elect to exclude the program from compliance with NRS 689B.340 to 689B.600, inclusive, and section 3 of this act and if the coverage under the program is provided by a health maintenance organization authorized to transact insurance in this state pursuant to chapter 695C of NRS, any affiliation period imposed by the program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.
Sec. 12.5. NRS 422.273 is hereby amended to read as follows:
422.273 1. For any Medicaid managed care program established in the State of Nevada, the department shall contract only with a health maintenance organization that has:
(a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;
(b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and
(c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.
Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.
2. During the development and implementation of any Medicaid managed care program, the department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.
3. The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.
4. For the [purposes] purpose of contracting with a Medicaid managed care program pursuant to this section [:] , a health maintenance organization is exempt from the provisions of section 8 of this act.
κ2001 Statutes of Nevada, Page 1928 (Chapter 399, AB 452)κ
5. As used in this section, unless the context otherwise requires:
(a) Federally-qualified health center has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).
(b) Health maintenance organization has the meaning ascribed to it in NRS 695C.030.
Sec. 13. The amendatory provisions of this act apply to all policies, contracts and plans for health insurance, managed care or the provision of health care services entered into or renewed on or after January 1, 2002.
Sec. 14. The amendatory provisions of this act do not apply to offenses committed before January 1, 2002.
Sec. 15. This act becomes effective on January 1, 2002.
________
Assembly Bill No. 459Assemblymen Parks, Leslie, Williams, Bache, Anderson, Arberry, Buckley, Cegavske, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Koivisto, Manendo, McClain, Mortenson, Neighbors, Ohrenschall, Parnell, Perkins, Price and Smith
Joint Sponsors: Senators Titus, Wiener, Rawson, Care and Coffin
CHAPTER 400
AN ACT relating to education; prohibiting harassment and intimidation in public schools; requiring each school district to disseminate related information to pupils; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Harassment means a willful act or course of conduct that is not otherwise authorized by law and is:
1. Highly offensive to a reasonable person; and
2. Intended to cause and actually causes another person to suffer serious emotional distress.
Sec. 4. Intimidation means a willful act or course of conduct that is not otherwise authorized by law and:
1. Is highly offensive to a reasonable person; and
2. Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person.
κ2001 Statutes of Nevada, Page 1929 (Chapter 400, AB 459)κ
Sec. 5. The legislature declares that:
1. A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this state to achieve academic success and meet this states high academic standards;
2. Any form of harassment or intimidation in public schools seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;
3. The intended goal of the legislature is to ensure that:
(a) The public schools in this state provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential; and
(b) All administrators, principals, teachers and other personnel of the school districts and public schools in this state demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate harassment or intimidation; and
4. By declaring its goal that the public schools in this state provide a safe and respectful learning environment, the legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse and harassment.
Sec. 6. A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, or any pupil shall not engage in harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus.
Sec. 7. Each school district shall include the text of the provisions of sections 3 to 6, inclusive, of this act under the heading Harassment and Intimidation is Prohibited in Public Schools, within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.
Sec. 8. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________
κ2001 Statutes of Nevada, Page 1930κ
Assembly Bill No. 461Assemblyman Parks
CHAPTER 401
AN ACT relating to public works; eliminating the provision providing an exemption from qualifying to bid for a public work of this state; requiring the state public works board to adopt by regulation an additional criteria for the qualification of bidders on a contract for a public work of this state; authorizing the state public works board and the governing body of a local government to determine whether an applicant is qualified to bid by project or for a specified period; allowing the governing body of a local government that does not adopt criteria for the qualification of bidders to accept a bid on a contract for a public work from certain persons; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.1373 is hereby amended to read as follows:
338.1373 1. A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:
(a) NRS [338.1375] 338.1377 to 338.1389, inclusive; or
(b) NRS 338.143, 338.145 and 338.147.
2. The provisions of NRS 338.1375 to 338.1383, inclusive, do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the department of transportation pursuant to NRS 408.313 to 408.433, inclusive, and section 1 of Assembly Bill No. 86 of this [act.] session.
Sec. 2. NRS 338.1375 is hereby amended to read as follows:
338.1375 1. [Except as otherwise provided in NRS 338.1383, a public body] The state public works board shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to NRS 338.1379 to bid on that contract.
2. [The governing body of each local government that sponsors or finances a public work may adopt criteria for the qualification of bidders on contracts for public works of the local government. If a governing body adopts criteria pursuant to this subsection, the governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.
3.] The state public works board shall by regulation adopt criteria for the qualification of bidders on contracts for public works of this state. The criteria adopted by the state public works board pursuant to this [subsection] section must be used by the state public works board to determine the qualification of bidders on contracts for public works of this state.
3. The criteria adopted by the state public works board pursuant to this section:
(a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
(b) May include only:
(1) The financial ability of the applicant to perform a contract;
κ2001 Statutes of Nevada, Page 1931 (Chapter 401, AB 461)κ
(2) The principal personnel of the applicant;
(3) Whether the applicant has breached any contracts with a public agency or person in this state or any other state;
(4) Whether the applicant has been disqualified from being awarded a contract pursuant to NRS 338.017 or 338.1387; and
(5) The performance history of the applicant concerning other recent, similar contracts, if any, completed by the applicant.
[4. Before adopting criteria pursuant to this section, the state public works board or a governing body shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:
(a) Construction trade associations; and
(b) Labor unions representing trades in the building industry.]
Sec. 3. NRS 338.1377 is hereby amended to read as follows:
338.1377 1. Except as otherwise provided in NRS 338.1383, the governing body of each local government that sponsors or finances a public work shall adopt criteria for the qualification of bidders on contracts for public works of the local government. The governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.
2. Before adopting criteria pursuant to this section, the governing body of a local government shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:
(a) Construction trade associations in this state; and
(b) Labor unions representing trades in the building industry in this state.
3. The criteria adopted by [the state public works board or] a governing body pursuant to [NRS 338.1375] this section to determine whether an applicant is qualified to bid on a contract for a public work:
[1.] (a) Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.
[2.] (b) May include only:
[(a)] (1) The financial ability of the applicant to perform [the] a contract;
[(b)] (2) The principal personnel of the applicant;
[(c)] (3) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and
[(d)] (4) Whether the applicant has been disqualified from being awarded [the] a contract pursuant to NRS 338.017 or 338.1387.
Sec. 4. NRS 338.1379 is hereby amended to read as follows:
338.1379 1. Except as otherwise provided in NRS 338.1383, a person who wishes to qualify as a bidder on a contract for a public work must submit an application to the state public works board or the governing body.
2. Upon receipt of an application pursuant to subsection 1, the state public works board or the governing body shall:
(a) Investigate the applicant to determine whether he is qualified to bid on [the] a contract; and
(b) After conducting the investigation, determine whether the applicant is qualified to bid on [the] a contract. The determination must be made within 30 days after receipt of the application.
κ2001 Statutes of Nevada, Page 1932 (Chapter 401, AB 461)κ
3. The state public works board or the governing body shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to NRS 338.1381.
4. The state public works board or the governing body of a local government may determine an applicant is qualified to bid:
(a) On a specific project;
(b) On more than one project over a period of 12 months; or
(c) On more than one project over a period of 24 months.
5. The state public works board shall not use any criteria other than criteria adopted by regulation pursuant to NRS 338.1375 in determining whether to approve or deny an application.
6. The [state public works board or the] governing body of a local government shall not use any criteria other than the criteria described in NRS 338.1377 in determining whether to approve or deny an application.
[5.] 7. Financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the state public works board or a governing body to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.
Sec. 5. NRS 338.1383 is hereby amended to read as follows:
338.1383 [A public body may] If a local government does not adopt criteria for the qualification of bidders on a public work pursuant to NRS 338.1377, the governing body may only accept a bid on a contract for a public work from a person who [does not qualify pursuant to NRS 338.1379 if the person] holds:
1. An unlimited contractors license issued by the state contractors board in the branch of general engineering contracting or general building contracting, or in both branches, and:
(a) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and
(b) At the time the contract is awarded, he provides a performance bond, a labor and material bond, and a guaranty bond, each equal to 100 percent of the amount of the contract; or
2. A contractors license issued by the state contractors board that is designated in any classification if he:
(a) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractors license is designated;
(b) Provides a bid bond, a performance bond, a guaranty bond, and a labor and material bond in such amounts as the [state public works board or] governing body may require; and
(c) Employs a person determined by the state contractors board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.
Sec. 6. This bill becomes effective on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 1933κ
Assembly Bill No. 468Assemblymen Beers, Tiffany, Berman, Brown, Carpenter, Collins, Hettrick, Humke, Lee, Marvel, Oceguera, Ohrenschall and Price
CHAPTER 402
AN ACT relating to water; requiring a county of origin to obtain the prior approval of the state engineer before imposing a tax on certain transfers of water; requiring the state engineer to make certain determinations concerning those transfers; prohibiting the imposition of the tax upon certain water; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.438 is hereby amended to read as follows:
533.438 1. [If an application or applications] Except as otherwise provided in subsection 4, if an appropriation of ground water pursuant to a permit to appropriate ground water [would result] results in the transfer to and beneficial use of water [to be used] in a county in this state other than the county in which the water is [to be] appropriated or in another state, the county of origin may impose a tax of $6 per acre-foot per year on the transfer.
2. A county of origin shall not impose a tax pursuant to subsection 1 without the prior approval of the state engineer. The county of origin shall notify the state engineer in writing of its intent to impose the tax. The state engineer shall review the notice of intent to impose the tax to determine:
(a) Whether the appropriation of ground water pursuant to the permit specified in subsection 1 results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state; and
(b) The amount of water, if any, that is:
(1) Subject to the proposed tax because of that transfer and beneficial use; or
(2) Not subject to the proposed tax pursuant to subsection 4.
3. Within 30 days after reviewing the notice of intent to impose the tax, the state engineer shall send a written notice to the county of origin that includes the results of his review. If the state engineer determines that the appropriation of ground water pursuant to the permit results in a transfer to and beneficial use of water in a county in this state other than the county of origin or in another state, the state engineer shall include in the notice the amount of water that is subject to the proposed tax. The county may, upon such a determination, impose the tax on the transfer.
4. A tax may not be imposed pursuant to this section on water that is appropriated and beneficially used pursuant to a permit to appropriate ground water which is issued for a point of diversion and a place of beneficial use in the county of origin and which, after the water is diverted and beneficially used, is discharged or migrates into a county in this state other than the county of origin or into another state.
κ2001 Statutes of Nevada, Page 1934 (Chapter 402, AB 468)κ
5. All money collected from [this] a tax imposed pursuant to this section must be deposited in a trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.
[3.] 6. For the purposes of this section, if a basin includes land lying in more than one county each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it. The state engineer shall determine the respective proportions.
[4.] 7. As used in this section:
(a) A basin is one designated by the state engineer for the purposes of chapter 534 of NRS.
(b) Origin means the place where water is taken from underground.
________
Assembly Bill No. 574Committee on Judiciary
CHAPTER 403
AN ACT relating to offenders; providing for the continuation of certain programs of treatment for the abuse of alcohol or drugs for certain offenders; revising certain provisions concerning such programs of treatment; making various changes concerning the sentencing of certain persons who are sentenced to imprisonment without the possibility of parole; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.4314 is hereby amended to read as follows:
209.4314 1. Except as otherwise provided in this section, if an advisory board has been created pursuant to NRS 209.4316 in the judicial district in which an offender was sentenced to imprisonment, the director shall, after consulting with the division, refer the offender to the advisory board if the director believes that the offender would participate successfully in and benefit from a program of treatment and:
(a) The offender has:
(1) Established a position of employment in the community, or a judge in the judicial district to which the offender would be assigned pursuant to NRS 213.500 will assist the offender to establish a position of employment in the community; and
(2) Demonstrated an ability to pay for all or part of the costs of his participation in a program of treatment, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district to which the offender would be assigned will assist the offender to ensure that the offender has the ability to pay for such costs and to meet such obligations; and
(b) The offender:
(1) Is within 2 years of his probable release from prison as determined by the director; or
κ2001 Statutes of Nevada, Page 1935 (Chapter 403, AB 574)κ
(2) Is imprisoned as a result of having had his parole [or probation] revoked on or after July 1, 1998, for a reason other than for committing a crime while on parole . [or probation.]
2. Except as otherwise provided in this section, if the director is notified by an advisory board pursuant to NRS 209.4316 that an offender should be assigned to the custody of the division to be assigned to participate in a program of treatment, the director shall assign the offender to the custody of the division to be assigned to participate in a program of treatment for a minimum of 1 year, but not longer than the remainder of his sentence.
3. The director shall adopt, by regulation, standards providing which offenders are eligible to be assigned to the custody of the division pursuant to this section. The standards must be approved by the board and reviewed by the interim finance committee. The standards adopted by the director must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim that is punishable as a gross misdemeanor or felony; or
(2) A sexual offense;
(d) Has previously been convicted four times or more in this state or elsewhere, of [more than one felony in this state or] any offense [in another state that would be a felony if committed in this state, unless each felony or] that under the laws of the situs of the offense or of this state would amount to a felony, unless an offense which the offender has been convicted of arose out of the same act, transaction or occurrence [;] as another offense, in which case the convictions for those offenses shall be deemed to constitute a single conviction for the purposes of this paragraph;
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of the division pursuant to this section to be assigned to participate in a program of treatment.
4. The director shall adopt regulations requiring offenders who are assigned to the custody of the division pursuant to this section to reimburse a court, the division and the department for any costs incurred pursuant to NRS 209.4311 to 209.4317, inclusive, and 213.500. The regulations must be approved by the board and reviewed by the interim finance committee.
5. A court to which an offender has been assigned pursuant to NRS 213.500 may return the offender to the custody of the department at any time.
6. If an offender assigned to the custody of the division pursuant to this section violates any of the terms or conditions imposed by a court to which the offender has been assigned pursuant to NRS 213.500 and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper.
κ2001 Statutes of Nevada, Page 1936 (Chapter 403, AB 574)κ
violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
7. The assignment of an offender to the custody of the division pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
8. An offender does not have a right to be assigned to the custody of the division pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of NRS 209.4311 to 209.4317, inclusive, or 213.500 create any right or interest in liberty or property or establish a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
9. The director shall not assign more than 150 offenders to the custody of the division pursuant to this section to be assigned to participate in a program of treatment during each biennium.
Sec. 2. NRS 176.035 is hereby amended to read as follows:
176.035 1. Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences run concurrently.
2. Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof. If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment and without reference to his eligibility for parole.
3. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence must be executed without reference to the unexpired term of imprisonment.
5. This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
κ2001 Statutes of Nevada, Page 1937 (Chapter 403, AB 574)κ
Sec. 3. Section 14 of chapter 552, Statutes of Nevada 1999, at page 2883, is hereby amended to read as follows:
Sec. 14. 1. This act becomes effective on July 1, 1999.
2. [Sections 1 to 10, inclusive,] Section 3 of this act [expire] expires by limitation on June 30, 2001.
3. Sections 1, 2 and 4 to 10, inclusive, of this act expire by limitation on June 30, 2003.
________
Assembly Bill No. 619Committee on Commerce and Labor
CHAPTER 404
AN ACT relating to manufactured home parks; authorizing the landlord of a manufactured home park to require written consent before a person moves a manufactured home or recreational vehicle into the manufactured home park; providing certain statutory exceptions for corporate cooperative parks; requiring the landlord of a manufactured home park to post periodically a report on the quality of water supplied to the manufactured home park; requiring the attendance of the administrator of the manufactured housing division of the department of business and industry or his representative at certain meetings between a landlord and tenant; authorizing the landlord of a manufactured home park to impose certain requirements relating to the occupancy of manufactured homes; providing that certain prohibitions relating to increases in rent for manufactured homes and manufactured home lots apply to long-term leases; reducing certain periods of notice required before a landlord may bring an action for an unlawful detainer or terminate a written agreement; requiring the manufactured housing division of the department of business and industry to create a limited license authorizing the landlord or manager of a manufactured home park to resell a manufactured home under certain circumstances; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Corporate cooperative park means a manufactured home park owned by a nonprofit cooperative corporation formed pursuant to chapter 81 of NRS that is wholly owned or controlled by the tenants of the park.
Sec. 3. 1. The landlord of a manufactured home park may require that a person submit a written application to and receive written consent from the landlord before the person moves or causes to be moved a manufactured home or recreational vehicle into the manufactured home park. The landlord shall not unreasonably withhold his consent.
2. If the landlord of a manufactured home park requires written consent pursuant to subsection 1, the landlord shall post and maintain a sign that is clearly readable at the entrance to the manufactured home park which advises the reader of the consent that is required before a person may move or cause to be moved a manufactured home or recreational vehicle into the manufactured home park.
κ2001 Statutes of Nevada, Page 1938 (Chapter 404, AB 619)κ
3. If a person moves or causes to be moved a manufactured home or recreational vehicle into the manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, the landlord of that manufactured home park may:
(a) After providing at least 5 days written notice to the person, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the person to sign a rental agreement. If the person refuses to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least 5 days written notice to the person, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
4. For the purposes of NRS 40.251, a person who moves or causes to be moved a manufactured home or recreational vehicle into a manufactured home park without the written consent of the landlord, if the landlord requires such consent pursuant to subsection 1, shall be deemed a tenant at will and a lessee of the manufactured home park.
5. The provisions of this section do not apply to a corporate cooperative park.
Sec. 4. 1. The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or other common area in the manufactured home park, a current report on the quality of the water that is supplied to the manufactured home park.
2. Except as otherwise provided in subsection 3, the report must be obtained from the community water system that is the supplier of water to the manufactured home park. Except as otherwise provided in subsection 4, the landlord shall post the report at least once each year and at such other times as the community water system may provide an updated report to the landlord.
3. If a manufactured home park is not a community water system and does not otherwise obtain water from a community water system, the landlord of the manufactured home park shall annually cause the water that is provided to the tenants of the manufactured home park to be tested in accordance with the standards adopted pursuant to NRS 445A.855. The test must be performed by a laboratory certified by the health division of the department of human resources pursuant to NRS 445A.863.
4. Upon receipt of the results of a test performed pursuant to subsection 3, the landlord shall prepare or cause to be prepared a report on the quality of the water that is supplied to the tenants of the manufactured home park. The report must be accurately based upon the results of the test and prepared in accordance with the standards adopted by the state board of health pursuant to NRS 445A.855 for similar reports by community water systems. The landlord shall post a copy of the most current report in accordance with subsection 1 and shall deliver a copy of each such report to the health division of the department of human resources or the health authority as that term is defined in NRS 445A.820.
5. As used in this section, community water system has the meaning ascribed to it in NRS 445A.808.
κ2001 Statutes of Nevada, Page 1939 (Chapter 404, AB 619)κ
Sec. 5. NRS 118B.010 is hereby amended to read as follows:
118B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 118B.060 is hereby amended to read as follows:
118B.060 1. Any payment, deposit, fee or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a deposit governed by the provisions of this section.
2. The landlord shall maintain a separate record of the deposits.
3. Except as otherwise provided in subsection 4:
(a) All deposits are refundable, and upon termination of the tenancy, or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.
(b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.
4. Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.
5. Upon termination of the landlords interest in the manufactured home park, the landlord shall transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed pursuant to this section or refund that portion to the tenant.
6. If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.
7. If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.
8. The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.
9. The provisions of this section do not apply to a corporate cooperative park.
Sec. 7. NRS 118B.110 is hereby amended to read as follows:
118B.110 1. The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants.
κ2001 Statutes of Nevada, Page 1940 (Chapter 404, AB 619)κ
tenants. The representative group of tenants must consist of no more than five persons.
2. At least 10 days before any meeting is held pursuant to this section , the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
3. If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the manufactured home park to meet with the tenants.
4. If an attorney for the landlord attends a meeting held pursuant to this section, the landlord shall not prohibit the group of tenants from being represented by an attorney at that meeting.
5. If the landlord of a manufactured home park is a cooperative association or a corporation for public benefit, the landlord shall provide a notice of the meeting to the administrator and the administrator or his representative shall attend the meeting.
6. As used in this section:
(a) Cooperative association means an association formed pursuant to the provisions of NRS 81.170 to 81.270, inclusive.
(b) Corporation for public benefit has the meaning ascribed to it in NRS 82.021.
Sec. 8. NRS 118B.120 is hereby amended to read as follows:
118B.120 1. The landlord or his agent or employee may:
(a) Require that the tenant landscape and maintain the tenants lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.
(b) If the tenant does not comply with the provisions of paragraph (a), maintain the tenants lot and charge the tenant a service fee for the actual cost of that maintenance.
(c) Require that the manufactured home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.
2. The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a manufactured home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.
3. The landlord shall trim all the trees located within the park and dispose of the trimmings from those trees, absent a voluntary assumption of that duty by the tenant for trees on the tenants lot.
4. For the purposes of this section, a manufactured home shall be deemed to be abandoned if:
(a) It is located on a lot in a manufactured home park , other than a corporate cooperative park, for which no rent has been paid for at least 60 days;
(b) It is unoccupied; and
(c) The manager of the manufactured home park reasonably believes it to be abandoned.
Sec. 9. NRS 118B.140 is hereby amended to read as follows:
118B.140 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
κ2001 Statutes of Nevada, Page 1941 (Chapter 404, AB 619)κ
[1.] (a) Require a person to purchase a manufactured home from him or any other person as a condition to renting a manufactured home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a manufactured home from him or any other person.
[2.] (b) Charge or receive:
[(a)] (1) Any entrance or exit fee for assuming or leaving occupancy of a manufactured home lot.
[(b)] (2) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his manufactured home or recreational vehicle within the manufactured home park even if the manufactured home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of manufactured homes pursuant to NRS 489.311 and has acted as the tenants agent in the sale pursuant to a written contract.
[(c)] (3) Any fee for the tenants spouse or children.
[(d)] (4) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.
[(e)] (5) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.
[(f)] (6) Any fee for a late monthly rental payment within 4 days after the date the rental payment is due or which exceeds $5 for each day, excluding Saturdays, Sundays and legal holidays, for which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public utilities commission of Nevada.
[(g)] (7) Any fee, surcharge or rent increase to recover from his tenants the costs resulting from converting from a master-metered water system to individual water meters for each manufactured home lot.
[(h)] (8) Any fee, surcharge or rent increase to recover from his tenants any amount that exceeds the amount of the cost for a governmentally mandated service or tax that was paid by the landlord.
2. Except for the provisions of subparagraphs (3), (4), (6) and (8) of paragraph (b) of subsection 1, the provisions of this section do not apply to a corporate cooperative park.
Sec. 10. NRS 118B.150 is hereby amended to read as follows:
118B.150 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
[1.] (a) Increase rent or additional charges unless:
[(a)] (1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:
[(1)] (I) Are handicapped;
κ2001 Statutes of Nevada, Page 1942 (Chapter 404, AB 619)κ
[(2)] (II) Are 55 years of age or older;
[(3)] (III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;
[(4)] (IV) Pay their rent in a timely manner; or
[(5)] (V) Pay their rent by check, money order or electronic means;
[(b)] (2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and
[(c)] (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this [paragraph,] subparagraph, if the landlord or his agent or employee knows or reasonably should know that the tenant receives assistance from the fund created pursuant to NRS 118B.215, the landlord or his agent or employee shall provide to the administrator written notice of the increase 90 days before the first payment to be increased.
[2.] (b) Require a tenant to pay for an improvement to the common area of a manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.
[3.] (c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time he enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this [subsection.
4.] paragraph.
(d) Require a tenant to pay his rent by check or money order.
[5.] (e) Require a tenant who pays his rent in cash to apply any change to which he is entitled to the next periodic payment that is due. The landlord or his agent or employee shall have an adequate amount of money available to provide change to such a tenant.
[6.] (f) Prohibit or require fees or deposits for any meetings held in the parks community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the parks affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.
[7.] (g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this [subsection] paragraph is liable to the tenant for actual damages.
[8.] (h) Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.
κ2001 Statutes of Nevada, Page 1943 (Chapter 404, AB 619)κ
[9.] (i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a manufactured home lot who is living alone may allow one other person to live in his home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.
[10.] (j) Prohibit a tenant from erecting a fence along the perimeter of the tenants lot if the fence complies with any standards for fences established by the landlord, including limitations established for the height of fences, the materials used for fences and the manner in which fences are to be constructed.
[11.] (k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this [subsection,] paragraph, solicit means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.
[12.] (l) Prohibit a public officer , [or] candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants [.] or distribute political material.
[13.] (m) If a tenant has voluntarily assumed responsibility to trim the trees on his lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.
2. The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.
3. As used in this section, long-term lease means a rental agreement or lease the duration of which exceeds 12 months.
Sec. 11. NRS 118B.153 is hereby amended to read as follows:
118B.153 [The]
1. Except as otherwise provided in subsection 2, the amount of rent charged a tenant for a service, utility or amenity upon moving into the manufactured home park must be reduced proportionately when the service, utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.
2. The provisions of this section do not apply to a corporate cooperative park.
Sec. 12. NRS 118B.160 is hereby amended to read as follows:
118B.160 [The]
1. Except as otherwise provided in subsection 2, the landlord or his agent or employee shall not:
[1.] (a) Deny any tenant the right to sell his manufactured home or recreational vehicle within the park or require the tenant to remove the manufactured home or recreational vehicle from the park solely on the basis of the sale, except as otherwise provided in NRS 118B.170.
[2.] (b) Prohibit any tenant desiring to sell his manufactured home or recreational vehicle within the park from advertising the location of the home or vehicle and the name of the manufactured home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the home or vehicle.
κ2001 Statutes of Nevada, Page 1944 (Chapter 404, AB 619)κ
[3.] (c) Require that he be an agent of an owner of a manufactured home or recreational vehicle who desires to sell the home or vehicle.
[4.] (d) Unless subleasing of lots is prohibited by a rental agreement or lease, prohibit a tenant from subleasing his manufactured home lot if the prospective subtenant meets the general requirements for tenancy in the park.
[5.] (e) Require a tenant to make any additions to his manufactured home unless those additions are required by an ordinance of a local government.
[6.] (f) Purchase a manufactured home within the park if he has denied:
[(a)] (1) A tenant the right to sell that manufactured home; or
[(b)] (2) A prospective buyer the right to purchase that manufactured home.
2. The provisions of this section do not apply to a corporate cooperative park.
Sec. 13. NRS 118B.170 is hereby amended to read as follows:
118B.170 1. The landlord may require approval of a prospective buyer and tenant before the sale of a tenants manufactured home or recreational vehicle, if the manufactured home or vehicle will remain in the park. The landlord shall consider the record, if any, of the prospective buyer and tenant concerning the payment of rent. The landlord shall not unreasonably withhold his consent.
2. If a tenant sells his manufactured home or recreational vehicle, the landlord may require that the manufactured home or recreational vehicle be removed from the park if it is deemed by the parks written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the manufactured home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.
3. If the landlord requires the approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a manufactured home in the park is sold, the prospective buyer must be approved by the landlord.
4. If the landlord requires the approval of a prospective buyer and tenant of a manufactured home or recreational vehicle and the manufactured home or recreational vehicle is sold without the approval of the landlord, the landlord may:
(a) After providing at least [10] 5 days written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner prescribed in chapter 40 of NRS; or
(b) Require the buyer and tenant to sign a rental agreement. If the buyer and tenant refuse to sign the rental agreement within 5 days after such a request, the landlord may, after providing at least [10] 5 days written notice to the buyer and tenant, bring an action for an unlawful detainer in the manner provided in chapter 40 of NRS.
5. For the purposes of NRS 40.251, a person who:
(a) Purchases a manufactured home or recreational vehicle from a tenant of a manufactured home park which will remain in the park;
(b) Was required to be approved by the landlord of the manufactured home park before the sale of the manufactured home or recreational vehicle; and
κ2001 Statutes of Nevada, Page 1945 (Chapter 404, AB 619)κ
(c) Was not approved by the landlord before he purchased that manufactured home or recreational vehicle,
shall be deemed a tenant at will and a lessee of the manufactured home
park.
6. The provisions of this section do not apply to a corporate cooperative park.
Sec. 14. NRS 118B.173 is hereby amended to read as follows:
118B.173 1. Any landlord who lists a manufactured home park or any part of a manufactured home park for sale with a licensed real estate broker shall, not less than 10 days nor more than 30 days before listing the park for sale, mail written notice of that listing to any association of tenants of the park that requested the notice. A landlord is not required to provide notice of a listing for sale that is not initiated by the owner of the park or his authorized agent.
2. To receive the notice required by subsection 1, an association of tenants of a manufactured home park shall:
(a) Submit to the landlord a written request for that notice;
(b) Furnish the landlord with a written list of the names and addresses of three members of the association; and
(c) Give written notice to the landlord that the tenants of the park are interested in buying the park and renew that notice at least once each year after the initial notice.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 15. NRS 118B.180 is hereby amended to read as follows:
118B.180 1. A landlord may convert an existing manufactured home park into individual manufactured home lots for sale to manufactured home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;
(c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;
(d) The landlord pays:
(1) The cost of moving the tenants manufactured home and its appurtenances to a comparable location within 50 miles from the manufactured home park; or
(2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and
(e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice [,] before he is required to move his manufactured home from the lot.
κ2001 Statutes of Nevada, Page 1946 (Chapter 404, AB 619)κ
2. Upon the sale of a manufactured home lot and a manufactured home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the manufactured home lot and what portion is for the manufactured home.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 16. NRS 118B.183 is hereby amended to read as follows:
118B.183 1. A landlord may convert an existing manufactured home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:
(a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;
(b) The landlord pays:
(1) The cost of moving the tenants manufactured home and its appurtenances to a new location within 50 miles from the manufactured home park; or
(2) If the new location is more than 50 miles from the manufactured home park, the cost of moving the manufactured home for the first 50 miles,
including fees for inspection, any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his manufactured home and its appurtenances in the new lot or park; and
(c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his manufactured home from the lot.
2. A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the manufactured home park.
3. The provisions of this section do not apply to a corporate cooperative park.
Sec. 17. NRS 40.251 is hereby amended to read as follows:
40.251 A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
1. Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlords consent after the expiration of a notice of:
(a) For tenancies from week to week, at least 7 days;
(b) For all other periodic tenancies, at least 30 days; or
(c) For tenancies at will, at least 5 days.
2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlords consent after expiration of:
(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or
(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.
κ2001 Statutes of Nevada, Page 1947 (Chapter 404, AB 619)κ
3. A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlords consent, after notice has been given pursuant to NRS 118B.170 or 118B.190 or section 3 of this act and the period of the notice has expired.
4. A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlords consent, after the expiration of a notice of at least 5 days.
Sec. 18. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The division shall adopt regulations for the issuance of limited resale licenses authorizing a landlord or manager to sell a used mobile home. Regulations adopted pursuant to this section must specify the requirements for licensure, including, without limitation, any educational requirements.
2. A person who is licensed pursuant to the regulations described in subsection 1 may sell a used mobile home if:
(a) The mobile home is located in a mobile home park that the landlord or manager owns, leases or manages; and
(b) The landlord or manager purchased the mobile home at a sale to enforce a lien pursuant to NRS 108.270 to 108.360, inclusive.
3. As used in this section:
(a) Landlord has the meaning ascribed to it in NRS 118B.014.
(b) Manager has the meaning ascribed to it in NRS 118B.0145.
(c) Mobile home park has the meaning ascribed to manufactured home park in NRS 118B.017.
Sec. 19. 1. This section and sections 1 to 5, inclusive, 17 and 18 of this act become effective on October 1, 2001.
2. Sections 6 to 16, inclusive, of this act become effective at 12:01 a.m. on October 1, 2001.
________
Assembly Bill No. 632Committee on Natural Resources, Agriculture, and Mining
CHAPTER 405
AN ACT relating to water safety; prohibiting the operation of certain vessels unless persons less than 12 years of age are wearing personal flotation devices while the vessel is under way; providing a penalty; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
Whereas, Recreational boating is a vastly increasing source of entertainment in Nevada; and
Whereas, Most boating-related fatalities are caused by drowning; and
Whereas, Personal flotation devices approved by the United States Coast Guard are not required by federal law to be worn by persons less than 12 years of age while a vessel is under way; and
κ2001 Statutes of Nevada, Page 1948 (Chapter 405, AB 632)κ
Whereas, It is estimated that requiring persons less than 12 years of age to wear properly fitted personal flotation devices may decrease by up to 85 percent the rate of fatalities by drowning of such persons; and
Whereas, All reasonable safety precautions should be taken to preserve a life; and
Whereas, Requiring persons less than 12 years of age to wear personal flotation devices while a vessel is under way will also reduce the costs of related civil litigation; and
Whereas, Several states have already enacted similar measures designed to reduce unnecessary deaths and litigation; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a person shall not operate or authorize another person to operate a vessel under his ownership or control on any waters of this state unless each person on the vessel who is less than 12 years of age is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission while the vessel is under way.
2. The provisions of subsection 1 do not apply to persons on board:
(a) A commercial vessel licensed by the United States Coast Guard for the transportation of passengers for hire; or
(b) Any other vessel who are below the deck or inside a cabin of the vessel.
Sec. 2. NRS 488.580 is hereby amended to read as follows:
488.580 1. A person shall not operate or authorize another person to operate a personal watercraft under his ownership or control:
(a) In a reckless or negligent manner so as to endanger the life or property of another person.
(b) Unless the operator and each passenger is wearing a personal flotation device of a type approved by the United States Coast Guard and prescribed by the regulations of the commission.
(c) Unless the operator is at least 12 years of age.
2. There is prima facie evidence that a person is operating a personal watercraft in a reckless or negligent manner if that person commits two or more of the following acts simultaneously:
(a) Operates the personal watercraft within a zone closer than 5 lengths of the longest vessel, unless both are leaving a flat wake or traveling at a speed of not more than 5 nautical miles per hour.
(b) Operates the personal watercraft in the vicinity of a motorboat in a manner that obstructs the visibility of either operator.
(c) Heads into the wake of a motorboat which is within a zone closer than 5 lengths of the longest vessel and causes one-half or more of the length of the personal watercraft to leave the water.
(d) Within a zone closer than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid collision.
3. As used in this section, personal watercraft means a class A motorboat which:
κ2001 Statutes of Nevada, Page 1949 (Chapter 405, AB 632)κ
(a) Is less than 13 feet in length;
(b) Is designed to be operated by a person sitting, standing or kneeling on, rather than in, the motorboat;
(c) Is capable of performing sharp turns or quick maneuvers; and
(d) Has a motor that exceeds 10 horsepower.
Sec. 3. The provisions of this act do not apply to offenses committed before October 1, 2001.
________
Assembly Bill No. 638Committee on Elections, Procedures, and Ethics
CHAPTER 406
AN ACT relating to governmental administration; requiring the county or city clerk under certain circumstances to provide the result of a challenge of a voter to the person who initiated the challenge; clarifying the treatment of special absent ballots; revising the procedures for closing a polling place and counting ballots; revising the provisions governing voting by a new resident for President and Vice President; revising the requirement that a judicial officer and a candidate for judicial office must file certain statements of financial disclosure; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. As soon as practicable, but in no case later than 21 calendar days after each election, the county clerk shall mail a notice to each person who is listed on the challenge list as the registered voter who initiated a challenge pursuant to NRS 293.303.
2. The notice mailed pursuant to subsection 1 must indicate:
(a) The name of the person who was challenged, if known; and
(b) The result of the challenge.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not belong to the political party designated upon the register, I swear or affirm under penalty of perjury that I belong to the political party designated upon the register;
κ2001 Statutes of Nevada, Page 1950 (Chapter 406, AB 638)κ
(b) If the challenge is on the ground that the register does not show that he designated the political party to which he claims to belong, I swear or affirm under penalty of perjury that I designated on the application to register to vote the political party to which I claim to belong;
(c) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register;
(d) If the challenge is on the ground that he previously voted a ballot for the election, I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election; or
(e) If the challenge is on the ground that he is not the person he claims to be, I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.
The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.
3. Except as otherwise provided in subsection 4, if the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ................ opposite his name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) or (b) of subsection 2, the election board officers shall issue him a nonpartisan ballot.
5. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (c) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293.304.
6. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (e) of subsection 2, the election board officers shall issue him a partisan ballot.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification which contains proof of the address at which he actually resides.
8. If the challenge is based on the ground set forth in paragraph (e) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years [old] of age who:
(1) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
9. The election board officers shall [record the result of the challenge] :
(a) Record on the challenge list [, and the election board officer in charge of the checklist shall indicate] :
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
κ2001 Statutes of Nevada, Page 1951 (Chapter 406, AB 638)κ
(3) The result of the challenge;
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge; and
(c) Indicate on the checklist next to the name of the challenged person the result of the challenge.
Sec. 5. NRS 293.317 is hereby amended to read as follows:
293.317 Absent ballots , including special absent ballots described in NRS 293.3155, received by the county or city clerk after the polls are closed on the day of election are invalid.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 293B.330 is hereby amended to read as follows:
293B.330 1. Upon closing of the polls, the election board shall:
(a) Secure all mechanical recording devices against further voting.
(b) If a mechanical voting system is used whereby votes are cast by punching a card:
(1) Count the number of ballots in the ballot boxes.
(2) Account for all ballots on the statement of ballots.
(3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.
(c) If a mechanical voting system is used whereby votes are directly recorded electronically:
(1) Ensure that each mechanical recording device:
(I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and
(II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.
(2) Count the number of ballots voted at the polling place.
(3) Account for all ballots on the statement of ballots.
(4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the county clerk into the container provided by him to transport those items to a central counting place and seal the container.
(d) Record the number of voters on a form provided by the county clerk.
2. If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the county clerk.
3. After closing the polls, the election board shall:
(a) Compare the quantity of the supplies furnished by the county clerk with the inventory of those supplies; and
(b) Note any shortages.
4. The county clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.
Sec. 8. (Deleted by amendment.)
Sec. 9. Chapter 293C of NRS is hereby amended by adding thereto the provisions set forth as sections 10 and 11 of this act.
Sec. 10. 1. As soon as practicable, but in no case later than 21 calendar days after each election, the city clerk shall mail a notice to each person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.
κ2001 Statutes of Nevada, Page 1952 (Chapter 406, AB 638)κ
person who is listed on the challenge list as a registered voter who initiated a challenge pursuant to NRS 293C.292.
2. The notice mailed pursuant to subsection 1 must indicate:
(a) The name of the person who was challenged, if known; and
(b) The result of the challenge.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 293C.292 is hereby amended to read as follows:
293C.292 1. A person applying to vote may be challenged:
(a) Orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed or has voted before at the same election; or
(b) On any ground set forth in a challenge filed with the county clerk pursuant to the provisions of NRS 293.547.
2. If a person is challenged, an election board officer shall tender the challenged person the following oath or affirmation:
(a) If the challenge is on the ground that he does not reside at the residence for which the address is listed in the election board register, I swear or affirm under penalty of perjury that I reside at the residence for which the address is listed in the election board register;
(b) If the challenge is on the ground that he previously voted a ballot for the election, I swear or affirm under penalty of perjury that I have not voted for any of the candidates or questions included on this ballot for this election; or
(c) If the challenge is on the ground that he is not the person he claims to be, I swear or affirm under penalty of perjury that I am the person whose name is in this election board register.
The oath or affirmation must be set forth on a form prepared by the secretary of state and signed by the challenged person under penalty of perjury.
3. If the challenged person refuses to execute the oath or affirmation so tendered, he must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ................ opposite his name in the election board register.
4. If the challenged person refuses to execute the oath or affirmation set forth in paragraph (a) of subsection 2, the election board officers shall inform him that he is entitled to vote only in the manner prescribed in NRS 293C.295.
5. If the challenged person executes the oath or affirmation and the challenge is not based on the ground set forth in paragraph (c) of subsection 2, the election board officers shall issue him a ballot.
6. If the challenge is based on the ground set forth in paragraph (a) of subsection 2, and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot until he furnishes satisfactory identification that contains proof of the address at which he actually resides.
7. If the challenge is based on the ground set forth in paragraph (c) of subsection 2 and the challenged person executes the oath or affirmation, the election board shall not issue the person a ballot unless he:
(a) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; or
(b) Brings before the election board officers a person who is at least 18 years [old] of age who:
κ2001 Statutes of Nevada, Page 1953 (Chapter 406, AB 638)κ
(1) Furnishes official identification which contains a photograph of himself, such as his drivers license or other official document; and
(2) Executes an oath or affirmation under penalty of perjury that the challenged person is who he swears he is.
8. The election board officers shall [record the result of the challenge] :
(a) Record on the challenge list [, and the election board officer in charge of the checklist shall indicate] :
(1) The name of the challenged person;
(2) The name of the registered voter who initiated the challenge; and
(3) The result of the challenge;
(b) If possible, orally notify the registered voter who initiated the challenge of the result of the challenge; and
(c) Indicate on the checklist next to the name of the challenged person the result of the challenge.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 293C.630 is hereby amended to read as follows:
293C.630 1. Upon closing of the polls, the election board shall:
(a) Secure all mechanical recording devices against further voting.
(b) If a mechanical voting system is used whereby votes are cast by punching a card:
(1) Count the number of ballots in the ballot boxes.
(2) Account for all ballots on the statement of ballots.
(3) Place all official ballots, the ballot statement and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.
(c) If a mechanical voting system is used whereby votes are directly recorded electronically:
(1) Ensure that each mechanical recording device:
(I) Provides a record printed on paper of the total number of votes recorded on the device for each candidate and for or against each measure; and
(II) Transfers the ballots voted on that device to the storage device required pursuant to NRS 293B.084.
(2) Count the number of ballots voted at the polling place.
(3) Account for all ballots on the statement of ballots.
(4) Place all records printed on paper provided by the mechanical recording devices, all storage devices which store the ballots voted on the mechanical recording devices, and any other records, reports and materials as directed by the city clerk into the container provided by him to transport those items to a central counting place and seal the container.
(d) Record the number of voters on a form provided by the city clerk.
2. If a difference exists between the number of voters and the number of ballots voted, the election board shall report the difference and any known reasons for the difference, in writing, to the city clerk.
3. After closing the polls, the election board shall:
(a) Compare the quantity of the supplies furnished by the city clerk with the inventory of those supplies; and
(b) Note any shortages.
4. The city clerk shall allow members of the general public to observe the handling of the ballots pursuant to subsection 1 if those members do not interfere with the handling of the ballots.
κ2001 Statutes of Nevada, Page 1954 (Chapter 406, AB 638)κ
Sec. 15. (Deleted by amendment.)
Sec. 16. Chapter 298 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his residence in this state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this state, he may vote for President and Vice President in this state.
2. If a new resident of the State of Nevada wishes to vote for the President and Vice President of the Untied States pursuant to this section, he must:
(a) Apply to the county clerk for the appropriate ballot using the form prescribed by the secretary of state; and
(b) Vote only in the office of the county clerk during regular office hours.
3. A county clerk, upon receipt of an application pursuant to this section, shall provide the applicant a ballot and any other materials necessary to vote only for President and Vice President of the United States.
4. A vote cast pursuant to this section must not be:
(a) Combined with the total of a precinct but must be segregated at the precinct and then combined with the totals for the county.
(b) Included in precinct, district, county or state totals for other electoral purposes.
5. The secretary of state may, in a manner consistent with the election laws of this state, adopt regulations to effectuate the purposes of this section.
Sec. 17. NRS 298.250 is hereby amended to read as follows:
298.250 1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President of the United States has commenced his residence in the other state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in the other state, he may vote for President and Vice President only in that election:
(a) In person in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there; or
(b) By absent ballot in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.
2. [If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President has commenced his residence in this state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this state, he may vote for President and Vice President in this state.
3.] The secretary of state may, in a manner consistent with the election laws of this state, adopt [such regulations as may be necessary] regulations to effectuate the purposes of this section.
κ2001 Statutes of Nevada, Page 1955 (Chapter 406, AB 638)κ
Sec. 18. NRS 218.920 is hereby amended to read as follows:
218.920 The registration statement of a lobbyist must contain the following information:
1. The registrants full name, permanent address, place of business and temporary address while lobbying.
2. The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears.
3. A listing of any direct business associations or partnerships involving any current member of the legislature and the registrant or any person by whom the registrant is retained or employed. The listing must include any such association or partnership constituting a source of income or involving a debt or interest in real estate required to be disclosed in a statement of financial disclosure made by a candidate for public office or a public [or judicial] officer pursuant to NRS 281.571.
4. The name of any current member of the legislature for whom:
(a) The registrant; or
(b) Any person by whom the registrant is retained or employed,
has, in connection with a political campaign of the legislator, provided consulting, advertising or other professional services since the beginning of the preceding regular legislative session.
5. A description of the principal areas of interest on which the registrant expects to lobby.
6. If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.
7. A declaration under penalty of perjury that none of the registrants compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.
Sec. 19. NRS 281.4323 is hereby amended to read as follows:
281.4323 Candidate means any person:
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy; or
3. Whose name appears on an official ballot at any election . [,
for election to any public office, including the office of justice of the supreme court, district judge, justice of the peace and municipal judge .]
Sec. 20. NRS 281.4365 is hereby amended to read as follows:
281.4365 1. Public officer means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty. As used in this section, the exercise of a public power, trust or duty includes:
(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;
(b) The expenditure of public money; and
(c) The enforcement of laws and rules of the state, a county or a city.
2. Public officer does not include:
(a) Any justice, judge or other officer of the court system;
(b) Any member of a board, commission or other body whose function is advisory;
κ2001 Statutes of Nevada, Page 1956 (Chapter 406, AB 638)κ
(c) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the districts money; or
(d) A county health officer appointed pursuant to NRS 439.290.
3. Public office does not include an office held by:
(a) Any justice, judge or other officer of the court system;
(b) A commissioner of deeds;
(c) Any member of a board, commission or other body whose function is advisory;
(d) Any member of a board of trustees for a general improvement district or special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the districts money; or
(e) A county health officer appointed pursuant to NRS 439.290.
Sec. 21. (Deleted by amendment.)
Sec. 22. NRS 281.561 is hereby amended to read as follows:
281.561 1. Except as otherwise provided in subsection 2 or 3, if a candidate for public [or judicial] office or a public [or judicial] officer is entitled to receive compensation for serving in the office in question, he shall file with the commission, and with the officer with whom declarations of candidacy for the office in question are filed, a statement of financial disclosure, as follows:
(a) A candidate for nomination, election or reelection to public office shall file a statement of financial disclosure no later than the 10th day after the last day to qualify as a candidate for the office.
(b) A public [or judicial] officer appointed to fill the unexpired term of an elected public [or judicial] officer shall file a statement of financial disclosure within 30 days after his appointment.
(c) Every public [or judicial] officer, whether appointed or elected, shall file a statement of financial disclosure on or before March 31 of each year of the term, including the year the term expires.
(d) A public [or judicial] officer who leaves office on a date other than the expiration of his term or anniversary of his appointment or election, shall file a statement of financial disclosure within 60 days after leaving office.
2. A statement filed pursuant to one of the paragraphs of subsection 1 may be used to satisfy the requirements of another paragraph of subsection 1 if the initial statement was filed not more than 3 months before the other statement is required to be filed. The public [or judicial] officer shall notify the commission in writing of his intention to use the previously filed statement to fulfill the present requirement.
3. If a person is serving in a public [or judicial] office for which he is required to file a statement pursuant to subsection 1, he may use the statement he files for that initial office to satisfy the requirements of subsection 1 for every other public [or judicial] office in which he is also serving. The person shall notify the commission in writing of his intention to use the statement for the initial office to fulfill the requirements of subsection 1 for every other office.
4. A person may satisfy the requirements of subsection 1 by filing with the commission a copy of a statement of financial disclosure that was filed pursuant to the requirements of a specialized or local ethics committee if the form of the statement has been approved by the commission.
κ2001 Statutes of Nevada, Page 1957 (Chapter 406, AB 638)κ
5. A candidate for judicial office or a judicial officer shall file a statement of financial disclosure pursuant to the requirements of Canon 4I of the Nevada Code of Judicial Conduct. Such a statement of financial disclosure must include, without limitation, all information required to be included in a statement of financial disclosure pursuant to NRS 281.571.
Sec. 23. NRS 281.571 is hereby amended to read as follows:
281.571 1. Statements of financial disclosure, as approved pursuant to NRS 281.541 or in such form as the commission otherwise prescribes, must contain the following information concerning the candidate for public office or public [or judicial] officer:
(a) His length of residence in the State of Nevada and the district in which he is registered to vote.
(b) Each source of his income, or that of any member of his household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as professional services must be disclosed.
(c) A list of the specific location and particular use of real estate, other than a personal residence:
(1) In which he or a member of his household has a legal or beneficial interest;
(2) Whose fair market value is $2,500 or more; and
(3) That is located in this state or an adjacent state.
(d) The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:
(1) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to paragraph (c); and
(2) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.
(e) If the candidate for public office or public [or judicial] officer has received gifts in excess of an aggregate value of $200 from a donor during the preceding taxable year, a list of all such gifts, including the identity of the donor and value of each gift, except:
(1) A gift received from a person who is related to the candidate for public office or public [or judicial] officer within the third degree of consanguinity or affinity.
(2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative [, judicial] or political action of the candidate for public office or public [or judicial] officer.
(f) A list of each business entity with which he or a member of his household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.
(g) A list of all public offices presently held by him for which this statement of financial disclosure is required.
2. The commission shall distribute or cause to be distributed the forms required for such a statement to each candidate for public office and public [or judicial] officer who is required to file one. The commission is not responsible for the costs of producing or distributing a form for filing statements of financial disclosure which is prescribed pursuant to subsection 1 of NRS 281.541.
κ2001 Statutes of Nevada, Page 1958 (Chapter 406, AB 638)κ
3. As used in this section:
(a) Business entity means an organization or enterprise operated for economic gain, including a proprietorship, partnership, firm, business, trust, joint venture, syndicate, corporation or association.
(b) Household includes:
(1) The spouse of a candidate for public office or public [or judicial] officer;
(2) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public [or judicial] officer; and
(3) A person who lived in the home or dwelling of the candidate for public office or public [or judicial] officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public [or judicial] officer files the statement of financial disclosure.
Sec. 24. NRS 281.575 is hereby amended to read as follows:
281.575 The secretary of state and each county or city clerk who receives from a candidate for public office a declaration of candidacy, acceptance of candidacy or certificate of candidacy shall give to the candidate the form prescribed by the commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.
Sec. 25. NRS 281.581 is hereby amended to read as follows:
281.581 1. A candidate for public office or public [or judicial] officer who fails to file his statement of financial disclosure in a timely manner pursuant to NRS 281.561 is subject to a civil penalty and payment of court costs and attorneys fees. The amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.
(c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.
2. The commission may, for good cause shown, waive or reduce the civil penalty.
3. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
4. If the commission waives a civil penalty pursuant to subsection 2, the commission shall:
(a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and
(b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.
Sec. 26. The amendatory provisions of section 21 of this act do not apply to proceedings for judicial review initiated before October 1, 2001.
Sec. 27. Section 20 of this act becomes effective at 12:01 a.m. on October 1, 2001.
________
κ2001 Statutes of Nevada, Page 1959κ
Assembly Bill No. 650Committee on Government Affairs
CHAPTER 407
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.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.3673 is hereby amended to read as follows:
244.3673 The board of county commissioners of any county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality may provide by ordinance for the investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 254.010 is hereby amended to read as follows:
254.010 The board of county commissioners of any county in this state whose population is [6,000] 5,000 or more may appoint a county engineer and fix his compensation.
Sec. 4. NRS 62.180 is hereby amended to read as follows:
62.180 1. Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency, or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.
2. Except as otherwise provided in this subsection and subject to the provisions of this chapter, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children. In a county whose population is [35,000] 50,000 or more, the board of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.
3. Any detention home built and maintained under this chapter must be constructed and conducted as nearly like a home as possible, and must not be deemed to be or treated as a penal institution.
4. Except as otherwise provided in this subsection, a detention home built and maintained under this chapter must not adjoin, be located on the same grounds as, or share common facilities or common grounds with a prison, an adult jail or an adult lockup. If a detention home built and maintained under this chapter complies with the provisions of 28 C.F.R. § 31.303 relating to collocated facilities, the detention home may adjoin, be located on the same grounds as, or share common facilities or common grounds with an adult jail or an adult lockup.
κ2001 Statutes of Nevada, Page 1960 (Chapter 407, AB 650)κ
5. In addition to detention homes, a county may provide and maintain at public expense programs which provide alternatives to placing a child in a detention home.
Sec. 5. NRS 217.450 is hereby amended to read as follows:
217.450 1. The commission on mental health and developmental services shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.
2. The administrator of the division shall give priority to those applications for grants from the account for aid for victims of domestic violence submitted by organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing the application.
4. In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A basic allocation of $7,000 must be made for each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.
(b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population is [14,000] 20,000 or more.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 6. NRS 231.040 is hereby amended to read as follows:
231.040 1. The commission on economic development is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.
2. The governor shall appoint as members of the commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.
3. The governor shall appoint at least one member who is a resident of:
(a) Clark County.
(b) Washoe County.
(c) A county whose population is [35,000] 50,000 or less.
Sec. 7. NRS 231.067 is hereby amended to read as follows:
231.067 The commission on economic development shall:
1. Develop a state plan for industrial development and diversification.
2. Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism, except that in a county whose population is less than [35,000,] 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
κ2001 Statutes of Nevada, Page 1961 (Chapter 407, AB 650)κ
3. Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.
4. Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [35,000,] 50,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.
5. Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.
6. Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism, except that in a county whose population is less than [35,000,] 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.
7. Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.
8. Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.
9. Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.
Sec. 8. NRS 231.170 is hereby amended to read as follows:
231.170 1. The commission on tourism is composed of the lieutenant governor, who is its chairman, and eight members who are appointed by the governor.
2. The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.
3. The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chairman of the board of county commissioners, of the three counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the department of taxation for deposit with the state treasurer for credit to the fund for the promotion of tourism created by NRS 231.250 for the previous fiscal year are ex officio but nonvoting members of the commission. A change in any member of the commission who serves pursuant to the provisions of this subsection that is required because of a change in the amount of the proceeds paid to the department of taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the department of taxation.
4. In addition to the appointments made pursuant to subsection 3, the governor shall appoint:
κ2001 Statutes of Nevada, Page 1962 (Chapter 407, AB 650)κ
(a) At least one member who is a resident of Clark County.
(b) At least one member who is a resident of Washoe County.
(c) At least two members who are residents of counties whose population is [50,000] 100,000 or less.
(d) One member who is a resident of any county in this state.
Sec. 9. NRS 231.260 is hereby amended to read as follows:
231.260 The commission on tourism, through its division of tourism, shall:
1. Promote this state so as to increase the number of domestic and international tourists.
2. Promote special events which are designed to increase tourism.
3. Develop a state plan to promote travel and tourism in Nevada.
4. Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this state or lengthen their stay.
5. Provide and administer grants of money or matching grants to political subdivisions of the state, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:
(a) Developing local programs for marketing and advertising which are consistent with the state plan.
(b) Promoting specific events and attractions in their communities.
(c) Evaluating the effectiveness of the local programs and events.
Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [35,000,] 50,000, the commission may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.
6. Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the state. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the commission.
7. Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.
8. Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.
9. Prepare and publish, with the assistance of the division of publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.
Sec. 10. NRS 268.048 is hereby amended to read as follows:
268.048 1. The governing body of a city located in a county whose population is less than [11,000,] 15,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:
(a) Acquisition, sale or lease of real property by the city for industrial development; and
(b) Design, engineering and construction of industrial developments.
2. The governing body shall:
κ2001 Statutes of Nevada, Page 1963 (Chapter 407, AB 650)κ
(a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the state; and
(b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.
3. The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of the option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.
4. After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.
5. The governing body shall, after a public hearing, approve or reject the proposed plan.
Sec. 11. NRS 268.802 is hereby amended to read as follows:
268.802 1. The governing body of an incorporated city whose population is [200,000] 300,000 or more may by ordinance create a district.
2. Not more than one district may be created in each such city.
3. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 12. NRS 268.811 is hereby amended to read as follows:
268.811 As used in NRS 268.810 to 268.823, inclusive, unless the context otherwise requires:
1. Governing body means the governing body of a city whose population is [200,000] 300,000 or more.
2. Operating entity means a public operating entity of a pedestrian mall or a private operating entity with whom a governing body has contracted for the acquisition, construction, improvement, operation, management or maintenance of a pedestrian mall, or any combination thereof.
3. Pedestrian mall means an area including portions of one or more streets or alleys that has been set aside for use primarily by pedestrians and to which access by motor vehicles is prohibited or restricted. The term includes all improvements and appurtenances thereto that are designed to be used primarily for the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians.
4. Redevelopment agency means a governmental entity created pursuant to NRS 279.382 to 279.685, inclusive, or a legislative body which has elected to exercise the powers granted to an agency under NRS 279.382 to 279.685, inclusive.
Sec. 13. NRS 268.812 is hereby amended to read as follows:
268.812 1. The governing body of an incorporated city whose population is [200,000] 300,000 or more may by ordinance create a pedestrian mall.
2. Before adopting an ordinance creating a pedestrian mall, the governing body must find that it would be in the best interests of the city and beneficial to the owners of adjacent property to use the street or streets or other thoroughfare or thoroughfares primarily for pedestrians.
κ2001 Statutes of Nevada, Page 1964 (Chapter 407, AB 650)κ
3. The ordinance must establish the boundaries of the pedestrian mall and the governing body may change the boundaries by ordinance. The area included within a pedestrian mall may be contiguous or noncontiguous.
4. In addition to other requirements for the consideration and adoption of an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating a pedestrian mall, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to any pedestrian mall may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.
5. Unless otherwise provided by the governing body in the ordinance, all property of the city that is used in conjunction with or as a part of the pedestrian mall remains property of the city and must not be considered vacated for any purpose.
Sec. 14. NRS 278.02095 is hereby amended to read as follows:
278.02095 1. Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of single-family residence must include a manufactured home.
2. Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 5 years immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.
The governing body of a local government in a county whose population is less than [25,000] 40,000 may adopt standards that are less restrictive than the standards set forth in this subsection.
3. Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.
κ2001 Statutes of Nevada, Page 1965 (Chapter 407, AB 650)κ
4. Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the manufactured housing division of the department of business and industry. The division shall provide proof of such a surrender to the owner who must submit that proof to the building department.
5. The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.
6. As used in this section:
(a) Manufactured home has the meaning ascribed to it in NRS 489.113.
(b) New manufactured home has the meaning ascribed to it in NRS 489.125.
Sec. 15. NRS 278.0262 is hereby amended to read as follows:
278.0262 1. There is hereby created in each county whose population is 100,000 or more but less than 400,000, a regional planning commission consisting of:
(a) Three members from the local planning commission of each city in the county whose population is [40,000] 60,000 or more, appointed by the respective governing bodies of those cities;
(b) One member from the local planning commission of each city in the county whose population is less than [40,000,] 60,000, appointed by the respective governing bodies of those cities; and
(c) Three members from the local planning commission of the county, appointed by the governing body of the county, at least two of whom must reside in unincorporated areas of the county.
2. Except for the terms of the initial members of the commission, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A member who ceases to be a member of the local planning commission of the jurisdiction from which he is appointed automatically ceases to be a member of the commission. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.
3. The commission shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is [40,000] 60,000 or more, as determined pursuant to a schedule adopted by the commission and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
4. A member of the commission must be compensated at the rate of $80 per meeting or $400 per month, whichever is less.
5. Each member of the commission must successfully complete the course of training prescribed by the governing body pursuant to subsection 2 of NRS 278.0265 within 1 year after the date on which his term of appointment commences. A member who fails to complete successfully the course of training as required pursuant to this subsection forfeits his appointment 1 year after the date on which his term of appointment commenced.
κ2001 Statutes of Nevada, Page 1966 (Chapter 407, AB 650)κ
appointment 1 year after the date on which his term of appointment commenced.
Sec. 16. NRS 278.0264 is hereby amended to read as follows:
278.0264 1. There is hereby created in each county whose population is 100,000 or more but less than 400,000, a governing board for regional planning consisting of:
(a) Three representatives appointed by the board of county commissioners, at least two of whom must represent or reside within unincorporated areas of the county. If the representative is:
(1) A county commissioner, his district must be one of the two districts in the county with the highest percentage of unincorporated area.
(2) Not a county commissioner, he must reside within an unincorporated area of the county.
(b) Four representatives appointed by the governing body of the largest incorporated city in the county.
(c) Three representatives appointed by the governing body of every other incorporated city in the county whose population is [40,000] 60,000 or more.
(d) One representative appointed by the governing body of each incorporated city in the county whose population is less than [40,000.] 60,000.
2. Except for the terms of the initial members of the governing board, the term of each member is 3 years and until the selection and qualification of his successor. A member may be reappointed. A vacancy must be filled for the unexpired term by the governing body which made the original appointment.
3. The governing bodies may appoint representatives to the governing board from within their respective memberships. A member of a local governing body who is so appointed and who subsequently ceases to be a member of that body, automatically ceases to be a member of the governing board. The governing body may also appoint alternative representatives who may act in the respective absences of the principal appointees.
4. The governing board shall elect its chairman from among its members. The term of the chairman is 1 year. The member elected chairman must have been appointed by the governing body of the county or a city whose population is more than [40,000,] 60,000, as determined pursuant to a schedule adopted by the governing board and made a part of its bylaws which provides for the annual rotation of the chairmanship among each of those governing bodies.
5. A member of the governing board who is also a member of the governing body which appointed him shall serve without additional compensation. All other members must be compensated at the rate of $40 per meeting or $200 per month, whichever is less.
6. The governing board may appoint such employees as it deems necessary for its work and may contract with city planners, engineers, architects and other consultants for such services as it requires.
7. The local governments represented on the governing board shall provide the necessary facilities, equipment, staff, supplies and other usual operating expenses necessary to enable the governing board to carry out its functions. The local governments shall enter into an agreement whereby those costs are shared by the local governments in proportion to the number of members that each appoints to the governing board. The agreement must also contain a provision specifying the responsibility of each local government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.
κ2001 Statutes of Nevada, Page 1967 (Chapter 407, AB 650)κ
government, respectively, of paying for legal services needed by the governing board or by the regional planning commission.
8. The governing board may sue or be sued in any court of competent jurisdiction.
9. The governing board shall prepare and adopt an annual budget and transmit it as a recommendation for funding to each of the local governments.
Sec. 17. NRS 278.030 is hereby amended to read as follows:
278.030 1. The governing body of each city [and of each county] whose population is 25,000 or more and of each county whose population is 40,000 or more shall create by ordinance a planning commission to consist of seven members.
2. Cities [and counties] whose population is less than 25,000 and counties whose population is less than 40,000 may create by ordinance a planning commission to consist of seven members. If the governing body of any city [or of any county] whose population is less than 25,000 or of any county whose population is less than 40,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.
Sec. 18. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of such map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
κ2001 Statutes of Nevada, Page 1968 (Chapter 407, AB 650)κ
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.
Sec. 19. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action shall, by an affirmative vote of a majority of all the members, approve, conditionally approve, or disapprove a tentative map filed pursuant to NRS 278.330:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as flood plain, slope and soil;
(i) The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive; and
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands.
κ2001 Statutes of Nevada, Page 1969 (Chapter 407, AB 650)κ
4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 20. NRS 278.464 is hereby amended to read as follows:
278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission, it shall:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. It shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 2 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
4. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
κ2001 Statutes of Nevada, Page 1970 (Chapter 407, AB 650)κ
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after the date of the request for the waiver, or, in the absence of action, the waiver shall be deemed approved.
5. A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.
6. An applicant or other person aggrieved by a decision of the governing bodys authorized representative or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after the date the appeal is filed.
7. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chairman of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
Sec. 21. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
κ2001 Statutes of Nevada, Page 1971 (Chapter 407, AB 650)κ
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal to the governing body within a reasonable period to be determined, by ordinance, by the governing body. The governing body shall render its decision:
(a) In a county whose population is [40,000] 50,000 or more, within 45 days; or
(b) In a county whose population is less than [40,000,] 50,000, within 60 days,
after the date on which the appeal is filed.
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.
5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
κ2001 Statutes of Nevada, Page 1972 (Chapter 407, AB 650)κ
applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his consent to the division of land.
10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
11. The county recorder shall charge and collect for recording the map a fee of not more than $35 per page set by the board of county commissioners.
12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents.
Sec. 22. NRS 279.685 is hereby amended to read as follows:
279.685 1. Except as otherwise provided in this section, an agency of a city whose population is [200,000] 300,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than 15 percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, to increase, improve and preserve the number of dwelling units in the community for low-income households.
2. The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, existing obligations means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
3. The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency.
κ2001 Statutes of Nevada, Page 1973 (Chapter 407, AB 650)κ
obligations of the agency. As used in this subsection, existing obligations means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.
4. The agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.
Sec. 23. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than [10,000,] 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and
(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.
κ2001 Statutes of Nevada, Page 1974 (Chapter 407, AB 650)κ
district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.
Sec. 24. NRS 289.380 is hereby amended to read as follows:
289.380 1. Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.
2. A review board created pursuant to subsection 1 must consist of:
(a) In a city whose population is 150,000 or more or a county whose population is 100,000 or more, 25 members; and
(b) In a city whose population is less than 150,000 or a county whose population is less than 100,000, 12 members.
3. Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons [are] is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.
4. A person appointed to the review board must:
(a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.
(b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.
Sec. 25. NRS 293.464 is hereby amended to read as follows:
293.464 1. If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after he receives notice of the courts decision:
(a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and
(b) Transmit a notice of the extended deadline to each registered voter who requested an absent voters ballot for the election and has not returned the ballot before the date on which the notice will be transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1 must be published:
(a) In a county whose population is [30,000] 45,000 or more, on at least 3 successive days.
(b) In a county whose population is less than [30,000,] 45,000, at least twice in successive issues of the newspaper.
Sec. 26. NRS 295.121 is hereby amended to read as follows:
295.121 1. In a county whose population is [50,000] 100,000 or more, for each initiative, referendum or other question to be placed on the ballot by the board or county clerk, including, without limitation, pursuant to NRS 293.482, 295.115 or 295.160, the board shall, in consultation with the county clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
κ2001 Statutes of Nevada, Page 1975 (Chapter 407, AB 650)κ
who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the county clerk pursuant to subsection 4, the board is unable to appoint three persons who are willing to serve on a committee, the board may appoint fewer than three persons to that committee, but the board must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the board appoints a committee pursuant to [subsection 1,] this section, the county clerk shall:
(a) Recommend to the board persons to be appointed to the committee; and
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the board of a county whose population is [50,000] 100,000 or more fails to appoint a committee as required pursuant to this section, the county clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the county clerk not later than the date prescribed by the county clerk pursuant to subsection 7.
7. The county clerk of a county whose population is [50,000] 100,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the county clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the county clerk:
κ2001 Statutes of Nevada, Page 1976 (Chapter 407, AB 650)κ
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the county clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the district attorney. The district attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the district attorney shall issue his decision rejecting or accepting the statement. The decision of the district attorney is a final decision for the purposes of judicial review.
9. The county clerk shall place in the sample ballot provided to the registered voters of the county each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The county clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a county whose population is less than [50,000:] 100,000:
(a) The board may appoint committees pursuant to this section.
(b) If the board appoints committees pursuant to this section, the county clerk shall provide for rules or regulations pursuant to subsection 7.
Sec. 27. NRS 295.217 is hereby amended to read as follows:
295.217 1. In a city whose population is [50,000] 60,000 or more, for each initiative, referendum or other question to be placed on the ballot by the council, including, without limitation, pursuant to NRS 293.482 or 295.215, the council shall, in consultation with the city clerk pursuant to subsection 4, appoint two committees. Except as otherwise provided in subsection 2, one committee must be composed of three persons who favor approval by the voters of the initiative, referendum or other question and the other committee must be composed of three persons who oppose approval by the voters of the initiative, referendum or other question.
2. If, after consulting with the city clerk pursuant to subsection 4, the council is unable to appoint three persons willing to serve on a committee, the council may appoint fewer than three persons to that committee, but the council must appoint at least one person to each committee appointed pursuant to this section.
3. With respect to a committee appointed pursuant to this section:
(a) A person may not serve simultaneously on the committee that favors approval by the voters of an initiative, referendum or other question and the committee that opposes approval by the voters of that initiative, referendum or other question.
(b) Members of the committee serve without compensation.
(c) The term of office for each member commences upon appointment and expires upon the publication of the sample ballot containing the initiative, referendum or other question.
4. Before the council appoints a committee pursuant to this section, the city clerk shall:
(a) Recommend to the council persons to be appointed to the committee; and
κ2001 Statutes of Nevada, Page 1977 (Chapter 407, AB 650)κ
(b) Consider recommending pursuant to paragraph (a):
(1) Any person who has expressed an interest in serving on the committee; and
(2) A person who is a member of an organization that has expressed an interest in having a member of the organization serve on the committee.
5. If the council of a city whose population is [50,000] 60,000 or more fails to appoint a committee as required pursuant to this section, the city clerk shall appoint the committee.
6. A committee appointed pursuant to this section:
(a) Shall elect a chairman for the committee;
(b) Shall meet and conduct its affairs as necessary to fulfill the requirements of this section;
(c) May seek and consider comments from the general public;
(d) Shall, based on whether the members were appointed to advocate or oppose approval by the voters of the initiative, referendum or other question, prepare an argument either advocating or opposing approval by the voters of the initiative, referendum or other question;
(e) Shall prepare a rebuttal to the argument prepared by the other committee appointed pursuant to this section; and
(f) Shall submit the argument and rebuttal prepared pursuant to paragraphs (d) and (e) to the city clerk not later than the date prescribed by the city clerk pursuant to subsection 7.
7. The city clerk of a city whose population is [50,000] 60,000 or more shall provide, by rule or regulation:
(a) The maximum permissible length of an argument or rebuttal prepared pursuant to this section; and
(b) The date by which an argument or rebuttal prepared pursuant to this section must be submitted by the committee to the city clerk.
8. Upon receipt of an argument or rebuttal prepared pursuant to this section, the city clerk:
(a) May consult with persons who are generally recognized by a national or statewide organization as having expertise in the field or area to which the initiative, referendum or other question pertains; and
(b) Shall reject each statement in the argument or rebuttal that he believes is libelous or factually inaccurate.
Not later than 5 days after the city clerk rejects a statement pursuant to this subsection, the committee may appeal that rejection to the city attorney. The city attorney shall review the statement and the reasons for its rejection and may receive evidence, documentary or testimonial, to aid him in his decision. Not later than 3 business days after the appeal by the committee, the city attorney shall issue his decision rejecting or accepting the statement. The decision of the city attorney is a final decision for the purposes of judicial review.
9. The city clerk shall place in the sample ballot provided to the registered voters of the city each argument and rebuttal prepared pursuant to this section, containing all statements that were not rejected pursuant to subsection 8. The city clerk may revise the language submitted by the committee so that it is clear, concise and suitable for incorporation in the sample ballot, but shall not alter the meaning or effect without the consent of the committee.
10. In a city whose population is less than [50,000:] 60,000:
(a) The council may appoint committees pursuant to this section.
κ2001 Statutes of Nevada, Page 1978 (Chapter 407, AB 650)κ
(b) If the council appoints committees pursuant to this section, the city clerk shall provide for rules or regulations pursuant to subsection 7.
Sec. 28. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in each county whose population is 400,000 or more, a debt management commission, to be composed of:
(a) Three representatives of the board of county commissioners from its membership;
(b) One representative of each governing body of the five largest incorporated cities in the county from its membership;
(c) One representative of the board of trustees of the county school district from its membership; and
(d) Two representatives of the public at large.
2. There is hereby created in each county whose population is less than 400,000, a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each such county which contains more than one incorporated city:
(1) One representative of the city in which the county seat is located;
(2) One representative of the other incorporated cities jointly; and
(3) One representative of the public at large.
(b) In each such county which contains one incorporated city:
(1) One representative of the incorporated city; and
(2) Two representatives of the public at large.
(c) In each such county which contains no incorporated city, one representative of the public at large.
(d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.
3. In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large and, for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.
4. Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.
5. A person appointed as a member of the commission in a county whose population is [50,000] 100,000 or more who is not an elected officer or a person appointed to an elective office for an unexpired term must have at least 5 years of experience in the field of public administration, public accounting or banking.
κ2001 Statutes of Nevada, Page 1979 (Chapter 407, AB 650)κ
6. A person appointed as a member of the commission shall not have a substantial financial interest in the ownership or negotiation of securities issued by this state or any of its political subdivisions.
7. Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1. The representatives of incorporated cities must be chosen after elections are held in the cities, but before the annual meeting of the commission in July. The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.
8. Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 29. NRS 350.0033 is hereby amended to read as follows:
350.0033 1. The commission in a county whose population is less than [30,000] 45,000 may request technical assistance from the department of taxation to carry out the duties of the commission. Upon such a request, the department of taxation shall provide to that commission such technical assistance to the extent that resources are available.
2. The board of county commissioners of a county whose population is [30,000] 45,000 or more shall provide the commission in that county with such staff as is necessary to carry out the duties of the commission. The staff provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.
Sec. 30. NRS 355.178 is hereby amended to read as follows:
355.178 1. The governing body of a city whose population is 150,000 or more or a county whose population is 100,000 or more may lend securities from its investment portfolio if:
(a) The investment portfolio has a value of at least $100,000,000;
(b) The treasurer of the city or county:
(1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and
(2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and
(c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:
(1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and
(2) At least 102 percent of the value of the securities borrowed.
2. The governing body of a city or consolidated municipality whose population is [50,000] 60,000 or more but less than [100,000] 150,000 may lend securities from its investment portfolio if:
(a) The investment portfolio has a value of at least $50,000,000;
(b) The governing body is currently authorized to lend securities pursuant to subsection 5;
κ2001 Statutes of Nevada, Page 1980 (Chapter 407, AB 650)κ
(c) The treasurer of the city or consolidated municipality:
(1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and
(2) Submits the policy established pursuant to subparagraph (1) to the manager of the city or consolidated municipality and prepares and submits to the manager of the city or consolidated municipality a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and
(d) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:
(1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and
(2) At least 102 percent of the value of the securities borrowed.
3. The governing body of a city, county or consolidated municipality may enter into such contracts as are necessary to extend and manage loans pursuant to this section.
4. Any investments made with collateral received pursuant to subsection 1 or 2 must mature not later than 90 days after the date on which the securities are lent.
5. The governing body of a city or consolidated municipality whose population is [50,000] 60,000 or more but less than [100,000] 150,000 shall not lend securities from its investment portfolio unless it has been authorized to do so by the state board of finance. The state board of finance shall adopt regulations that establish minimum standards for granting authorization pursuant to this subsection. Such an authorization is valid for 2 years and may be renewed by the state board of finance for additional 2-year periods.
Sec. 31. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 364A or 374 of NRS.
2. The commission on economic development shall approve an application for a partial abatement if the commission makes the following determinations:
(a) The business is consistent with:
(1) The state plan for industrial development and diversification that is developed by the commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the state plan.
(b) The applicant has executed an agreement with the commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
κ2001 Statutes of Nevada, Page 1981 (Chapter 407, AB 650)κ
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is [50,000] 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than [50,000,] 60,000, the business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year and:
κ2001 Statutes of Nevada, Page 1982 (Chapter 407, AB 650)κ
the department of employment, training and rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the commission by regulation pursuant to subsection 9.
3. Notwithstanding the provisions of subsection 2, the commission on economic development may:
(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify for a partial abatement,
if the commission determines that such action is necessary.
4. If a person submits an application to the commission on economic development pursuant to subsection 1, the commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the commission will consider the application.
5. If the commission on economic development approves an application for a partial abatement, the commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The department;
(b) The Nevada tax commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the executive director of the commission on economic development, furnish the executive director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
the business shall repay to the department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
κ2001 Statutes of Nevada, Page 1983 (Chapter 407, AB 650)κ
period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.
9. The commission on economic development:
(a) Shall adopt regulations relating to:
(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the commission on economic development determines to be necessary to carry out the provisions of this section.
10. The Nevada tax commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada tax commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 32. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this state may, pursuant to NRS 360.750, apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the commission on economic development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) If the business is a new business in a county whose population is 100,000 or more or a city whose population is [50,000] 60,000 or more:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
(b) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than [50,000:] 60,000:
κ2001 Statutes of Nevada, Page 1984 (Chapter 407, AB 650)κ
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.
3. If a partial abatement from the taxes imposed by this chapter is approved by the commission on economic development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The executive director of the commission on economic development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the commission granted. The executive director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
Sec. 33. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as otherwise provided in subsection 2, the board of equalization of each county consists of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of [10,000] 15,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than [10,000.] 15,000.
2. The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. The board of county commissioners may also appoint alternate members to either panel.
3. A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.
4. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
5. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
κ2001 Statutes of Nevada, Page 1985 (Chapter 407, AB 650)κ
6. The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.
7. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
8. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.
9. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
10. The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February 28 of each year except as to matters remanded by the state board of equalization. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
11. The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.
Sec. 34. NRS 361.453 is hereby amended to read as follows:
361.453 1. Except as otherwise provided in this section and NRS 354.705, 354.723 and 450.760, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.
2. Any levy imposed by the legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is [25,000] 40,000 or less, or in a city or unincorporated town located within that county:
(a) The combined tax rate certified by the Nevada tax commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;
κ2001 Statutes of Nevada, Page 1986 (Chapter 407, AB 650)κ
(b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;
(c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and
(d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.
3. The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.
4. A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.
Sec. 35. NRS 371.107 is hereby amended to read as follows:
371.107 The county assessor of each county whose population is [35,000] 50,000 or more is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.
Sec. 36. NRS 371.125 is hereby amended to read as follows:
371.125 The county assessor of each county whose population is less than [35,000] 50,000 is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.
Sec. 37. NRS 373.028 is hereby amended to read as follows:
373.028 Project means:
1. In a county whose population is [35,000] 50,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.
κ2001 Statutes of Nevada, Page 1987 (Chapter 407, AB 650)κ
without limitation, the acquisition and improvement of all types of property therefor.
2. In a county whose population is less than [35,000,] 50,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right of way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also, including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights of way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.
Sec. 38. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new county library is provided for in any county whose population is [25,000] 40,000 or more, the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.
2. Whenever there are two or more county library districts in any county whose population is [25,000] 40,000 or more, the districts may merge into one county library district upon approval of the library trustees of the merging districts.
3. Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:
(a) Merge with the county library district upon approval of the trustees of the merging library and district; or
(b) Subject to the limitations in NRS 379.0221, consolidate with the county library district.
4. All expenses incurred in making a transfer or merger must be paid out of the general fund of the new library.
Sec. 39. NRS 380.010 is hereby amended to read as follows:
380.010 1. The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.
2. The board of county commissioners of any county whose population is less than [35,000] 50,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. The board of county commissioners of any county whose population is less than [35,000] 50,000 may exercise or delegate the exercise of any power granted to a board of law library trustees under this chapter.
3. Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.
Sec. 40. NRS 387.331 is hereby amended to read as follows:
387.331 1. The tax on residential construction authorized by this section is a specified amount which must be the same for each:
(a) Lot for a mobile home;
(b) Residential dwelling unit; and
κ2001 Statutes of Nevada, Page 1988 (Chapter 407, AB 650)κ
(c) Suite in an apartment house,
imposed on the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes.
2. The board of trustees of any school district whose population is less than [40,000] 50,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.
3. If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,600.
4. The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.
5. The money collected must be deposited with the county treasurer in the school districts fund for capital projects to be held and expended in the same manner as other money deposited in that fund.
Sec. 41. NRS 396.892 is hereby amended to read as follows:
396.892 1. Each student who receives a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall repay the loan and accrued interest pursuant to the terms of the loan unless:
(a) He practices nursing in a rural area of Nevada or as an employee of the state for 6 months for each academic year for which he received a loan; or
(b) He practices nursing in any other area of Nevada for 1 year for each academic year for which he received a loan.
2. The board of regents may adopt regulations:
(a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and
(b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,
and such other regulations as are necessary to carry out the provisions of NRS 396.890 to 396.898, inclusive.
3. As used in this section, practices nursing in a rural area means that the person practices nursing in an area located in a county whose population is less than [30,000] 45,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.
Sec. 42. NRS 439B.420 is hereby amended to read as follows:
439B.420 1. A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.
2. The rent required of a physician or entity which employs physicians by a hospital or related entity must not be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.
κ2001 Statutes of Nevada, Page 1989 (Chapter 407, AB 650)κ
3. A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.
4. A health facility shall not offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.
5. The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than [35,000.] 50,000.
6. A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, shall not add any charges to the practitioners bill for services other than a charge related to the cost of processing the billing.
7. A hospital or related entity shall not offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self- insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.
8. A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.
9. Except as otherwise provided in this subsection, a practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the referring party first discloses the interest to the patient. This subsection does not apply to practitioners subject to the provisions of NRS 439B.425.
10. The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.
11. A person who willfully violates any provision of this section is liable to the State of Nevada for:
(a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.
(b) Any reasonable expenses incurred by the state in enforcing this section.
Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.
12. As used in this section, related entity means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
κ2001 Statutes of Nevada, Page 1990 (Chapter 407, AB 650)κ
Sec. 43. NRS 444A.040 is hereby amended to read as follows:
444A.040 1. The board of county commissioners in a county whose population is [more than 100,000,] 100,000 or more, or its designee, shall make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
2. The board of county commissioners of a county whose population is [more than 25,000 but not more than 100,000,] 40,000 or more but less than 100,000, or its designee:
(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).
(2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
3. The board of county commissioners of a county whose population is [not more than 25,000,] less than 40,000, or its designee, may make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from the residential premises and public buildings where services for the collection of solid waste are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the state environmental commission pursuant to NRS 444A.020; and
(2) Become effective until approved by the department.
(b) May be based on the model plans adopted pursuant to NRS 444A.030.
5. The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.
κ2001 Statutes of Nevada, Page 1991 (Chapter 407, AB 650)κ
6. Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.
Sec. 44. NRS 445A.500 is hereby amended to read as follows:
445A.500 1. Each permit issued by the department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:
(a) Effluent limitations;
(b) Standards of performance for new sources;
(c) Standards for pretreatment;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445A.580 or in furthering the purposes and goals of NRS 445A.300 to 445A.730, inclusive.
2. Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.
3. If an application is made to discharge from a point source into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [35,000] 50,000 or more, the department must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
Sec. 45. NRS 445A.590 is hereby amended to read as follows:
445A.590 1. The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
2. Notification must be in the manner provided in the regulations adopted by the commission pursuant to applicable federal law.
3. If the treatment works are to discharge into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of [35,000] 50,000 or more, the department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
κ2001 Statutes of Nevada, Page 1992 (Chapter 407, AB 650)κ
Sec. 46. NRS 449.0177 is hereby amended to read as follows:
449.0177 Rural hospital means a hospital with 85 or fewer beds which is:
1. The sole institutional provider of health care located within a county whose population is less than 100,000;
2. The sole institutional provider of health care located within a city whose population is less than [20,000;] 25,000; or
3. Maintained and governed pursuant to NRS 450.550 to 450.750, inclusive.
Sec. 47. NRS 459.558 is hereby amended to read as follows:
459.558 1. The provisions of NRS 459.560 and 459.565 that concern hazardous substances do not apply:
(a) In a county whose population is less than [40,000;] 50,000;
(b) To mining or agricultural activities; or
(c) To other facilities or locations where the quantity of any one hazardous substance at any one facility or location does not exceed 1,000 kilograms at any time.
2. All other provisions of NRS 459.560 and 459.565, including the provisions concerning hazardous waste, apply to all counties and all industries without regard to volume.
Sec. 48. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of:
(1) Combustibles, flammables and fireworks; and
(2) Explosives in any commercial construction, but not in mining or the control of avalanches,
under those circumstances that are not otherwise regulated by the division of industrial relations of the department of business and industry pursuant to NRS 618.890.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter does not extend to a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
κ2001 Statutes of Nevada, Page 1993 (Chapter 407, AB 650)κ
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.
6. Except as otherwise provided in subsection 10, the state fire marshal shall:
(a) Investigate any fire which occurs in a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance, the attorney general and the fraud control unit established pursuant to section 27 of Assembly Bill No. 135 of this [act] session in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the National Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
on request or as he deems necessary.
10. In a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local governments personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.
κ2001 Statutes of Nevada, Page 1994 (Chapter 407, AB 650)κ
accordance with such an agreement, the state fire marshal shall revoke the agreement.
Sec. 49. NRS 477.100 is hereby amended to read as follows:
477.100 As used in NRS 477.110 to 477.170, inclusive, unless the context otherwise requires, authority means:
1. The state fire marshal in a county other than one whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality;
2. Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, and if they are unable to agree on any question, authority includes the county manager or city manager, who shall cast the deciding vote on that question; or
3. If the board of county commissioners of a county whose population is [50,000] 100,000 or more or which has been converted into a consolidated municipality, or the governing body of a city in that county, has specified a person or persons to act as the authority, that person or those persons.
Sec. 50. NRS 482.225 is hereby amended to read as follows:
482.225 1. When application is made to the department for registration of a vehicle purchased in this state from a person other than a retailer required to be registered with the department of taxation or of a vehicle purchased outside this state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the department of taxation except as otherwise provided in NRS 482.260.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect the tax and remit it to the department of taxation.
3. Until all applicable taxes and fees are collected, the department shall refuse to register the vehicle.
4. In any county whose population is less than [35,000,] 50,000, the department shall designate the county assessor as the agent of the department for the collection of any sales or use tax.
5. If the registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the department and then may submit his claim for exemption in writing, signed by him or his authorized representative, to the department together with his claim for refund of tax erroneously or illegally collected.
6. If the department finds that the tax has been erroneously or illegally collected, the tax must be refunded.
Sec. 51. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 18 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.
κ2001 Statutes of Nevada, Page 1995 (Chapter 407, AB 650)κ
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.
(d) Except as otherwise provided in paragraph (e), a license to a person between the ages of 16 and 18 years who has completed a course:
(1) In automobile driver education pursuant to NRS 389.090; or
(2) Provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, if the course complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the state board of education pursuant to NRS 389.090,
and who has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280. The parent or legal guardian of a person who desires to obtain a license pursuant to this paragraph must sign and submit to the department a form provided by the department which attests that the person who desires a license has completed the training and experience required by this paragraph.
(e) A license to a person who is between the ages of 16 and 18 years if:
(1) The public school in which he is enrolled is located in a county whose population is less than [35,000] 50,000 or in a city or town whose population is less than 25,000;
(2) The public school does not offer automobile driver education;
(3) He has at least 50 hours of experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280; and
(4) His parent or legal guardian signs and submits to the department a form provided by the department which attests that the person who desires a license has completed the experience required by subparagraph (3).
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.2255, 62.226 or 62.228 which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to NRS 206.330 which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
κ2001 Statutes of Nevada, Page 1996 (Chapter 407, AB 650)κ
Sec. 52. NRS 483.270 is hereby amended to read as follows:
483.270 1. The department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:
(a) A public school in a school district in this state in a county whose population is less than [35,000] 50,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the department pursuant to subsection 5; or
(b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,
and it is impossible or impracticable to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted license under this section must:
(a) Be made upon a form provided by the department.
(b) Be signed and verified as provided in NRS 483.300.
(c) Contain such other information as may be required by the department.
3. Any restricted license issued pursuant to this section:
(a) Is effective only for the school year during which it is issued or for a more restricted period.
(b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.
(c) May contain such other restrictions as the department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle driven by him, only while he is going to and from school, members of his immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted license may be issued under the provisions of this section until the department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
5. The department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.
Sec. 53. NRS 629.045 is hereby amended to read as follows:
629.045 1. Every provider of health care to whom any person comes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or more of his body;
(b) Burns to his upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or
(c) Burns which may result in death,
shall promptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
(a) The name and address of the person treated, if known;
(b) The location of the person treated; and
(c) The character and extent of his injuries.
κ2001 Statutes of Nevada, Page 1997 (Chapter 407, AB 650)κ
3. A person required to make a report pursuant to subsection 1 shall, within 3 working days after treating the person, submit a written report to:
(a) The appropriate local fire department in counties whose population is [25,000] 40,000 or more; or
(b) The state fire marshal in counties whose population is less than [25,000.] 40,000.
The report must be on a form provided by the state fire marshal.
4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.
Sec. 54. NRS 644.217 is hereby amended to read as follows:
644.217 1. The board may issue a certificate of registration as a cosmetologists apprentice to a person if:
(a) The person is a resident of a county whose population is less than [35,000;] 50,000;
(b) The person is required to travel more than 60 miles from his place of residence to attend a licensed school of cosmetology; and
(c) The training of the person as a cosmetologists apprentice will be conducted at a licensed cosmetological establishment that is located in such a county.
2. An applicant for a certificate of registration as a cosmetologists apprentice must submit an application to the board on a form prescribed by the board. The application must be accompanied by a fee of $100 and must include:
(a) A statement signed by the licensed cosmetologist who will be supervising and training the cosmetologists apprentice which states that the licensed cosmetologist has been licensed by the board to practice cosmetology in this state for not less than 3 years immediately preceding the date of the application and that his license has been in good standing during that period;
(b) A statement signed by the owner of the licensed cosmetological establishment where the applicant will be trained which states that the owner will permit the applicant to be trained as a cosmetologists apprentice at the cosmetological establishment; and
(c) Such other information as the board may require by regulation.
3. A certificate of registration as a cosmetologists apprentice is valid for 2 years after the date on which it is issued and may be renewed by the board upon good cause shown.
Sec. 55. NRS 647.060 is hereby amended to read as follows:
647.060 1. At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require the person vending the hides or junk to subscribe a statement containing the following information:
(a) When, where and from whom the vendor obtained the property.
(b) The vendors age, residence, including the city or town, and the street and number, if any, of the residence, and such other information as is reasonably necessary to enable the residence to be located.
(c) The name of the employer, if any, of the vendor and the place of business or employment of the employer.
2. Except as otherwise provided in subsection 3, the junk dealer shall on the next business day:
(a) File the original statement subscribed by the vendor in the office of the sheriff of the county where the purchase was made; and
κ2001 Statutes of Nevada, Page 1998 (Chapter 407, AB 650)κ
(b) If the purchase was made in a city or town, file a copy of the statement with the chief of police of that city or town.
3. In a county whose population is [30,000] 45,000 or less, the original statement may be filed in the office of the sheriffs deputy for transmission to the sheriff.
Sec. 56. NRS 690B.015 is hereby amended to read as follows:
690B.015 1. The commissioner shall annually conduct a survey of licensed operators of body shops in this state to determine:
(a) The rates charged by such operators for painting and other repairs; and
(b) The difference, if any, between the amount paid by the operators for new and used parts acquired for repairs and the amount charged to customers for those parts.
2. The information obtained by the survey must be compiled in a written report, which must set forth information relating to:
(a) Each county separately whose population is 50,000 or more ; [than 35,000;] and
(b) The remaining counties of the state.
The report is a public record for the purposes of NRS 239.010.
Sec. 57. NRS 695G.175 is hereby amended to read as follows:
695G.175 1. If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than [45,000] 60,000 or a county whose population is less than 100,000, the managed care organization shall not:
(a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;
(b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services;
(c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured;
(d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or
(e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care:
(1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or
(2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured.
2. Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services.
κ2001 Statutes of Nevada, Page 1999 (Chapter 407, AB 650)κ
organization contracts for the provision of emergency medical services, outpatient services or inpatient services.
Sec. 58. NRS 710.147 is hereby amended to read as follows:
710.147 1. The governing body of a county whose population is [35,000] 50,000 or more:
(a) Shall not sell telecommunications service to the general public.
(b) May purchase or construct facilities for providing telecommunications that intersect with public rights of way if the governing body:
(1) Conducts a study to evaluate the costs and benefits associated with purchasing or constructing the facilities; and
(2) Determines from the results of the study that the purchase or construction is in the interest of the general public.
2. Any information relating to the study conducted pursuant to subsection 1 must be maintained by the county clerk and made available for public inspection during the business hours of the office of the county clerk.
3. Notwithstanding the provisions of paragraph (a) of subsection 1, an airport may sell telecommunications service to the general public.
4. As used in this section:
(a) Telecommunications has the meaning ascribed to it in 47 U.S.C. § 153(43), as that section existed on July 16, 1997.
(b) Telecommunications service has the meaning ascribed to it in 47 U.S.C. § 153(46), as that section existed on July 16, 1997.
Sec. 59. NRS 711.175 is hereby amended to read as follows:
711.175 Except as otherwise provided in NRS 318.1192, 318.1193 and 318.1194:
1. The governing body of a county whose population is [35,000] 50,000 or more shall not sell the services of a community antenna television system to the general public.
2. The governing body of a city whose population is 25,000 or more shall not sell the services of a community antenna television system to the general public.
Sec. 60. Section 12 of Assembly Bill No. 487 of this session is hereby amended to read as follows:
Sec. 12. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040, 293.1755 or 293C.200.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010, or, when a bond is required by law, his refusal or neglect to give the bond within the time prescribed by law.
(f) Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be an actual, as opposed to constructive, resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
κ2001 Statutes of Nevada, Page 2000 (Chapter 407, AB 650)κ
elected or appointed, or in which he was required to reside to be a candidate for office or appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness or absence from the state or county, as provided by law. In a county whose population is less than 15,000, after an incumbent, other than a state officer, has been prevented by sickness from discharging the duties of his office for at least 6 months, the district attorney, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. If the incumbent holds the office of district attorney, the attorney general, either on his own volition or at the request of another person, may petition the district court to declare the office vacant. The district court shall hold a hearing to determine whether to declare the office vacant and, in making its determination, shall consider evidence relating to:
(1) The medical condition of the incumbent;
(2) The extent to which illness, disease or physical weakness has rendered the incumbent unable to manage independently and perform the duties of his office; and
(3) The extent to which the absence of the incumbent has had a detrimental effect on the applicable governmental entity.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
(i) A determination pursuant to section 2 or 8 of this act that the incumbent fails to meet any qualification required for the office.
2. Upon the happening of any of the events described in subsection 1, if the incumbent fails or refuses to relinquish his office, the attorney general shall, if the office is a state office or concerns more than one county, or the district attorney shall, if the office is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring that office vacant.
Sec. 61. The legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has considered the suggestions of the several counties and of other interested persons in the state relating to whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been changed should not under present conditions apply to a county larger or smaller, as the case may be, than the new criterion established.
Sec. 62. 1. This section and sections 1, 3, 5 to 13, inclusive, 15 to 18, inclusive, 20 and 22 to 61, inclusive, of this act become effective on July 1, 2001.
2. Sections 4, 14, 19 and 21 of this act becomes effective at 12:01 a.m. on July 1, 2001.
________
κ2001 Statutes of Nevada, Page 2001κ
Senate Bill No. 27Senator Wiener
CHAPTER 408
AN ACT relating to elections; requiring the secretary of state to include on a form for an application to register to vote an option for a registered voter to receive a sample ballot in large type; requiring that certain information be placed on certain sample ballots; requiring that a sample ballot in large type be mailed to a registered voter upon request; requiring that certain sample ballots be printed in at least a certain minimum size print; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state shall include on all forms for an application to register to vote prescribed by him the following option, printed in a separate box created by bold lines, in at least 14-point bold type:
[ ] CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE
Sec. 2. NRS 293.565 is hereby amended to read as follows:
293.565 1. Except as otherwise provided in subsection 2, sample ballots must include:
(a) The fiscal note, as provided pursuant to NRS 218.443 or 293.250, for each proposed constitutional amendment or statewide measure;
(b) An explanation, as provided pursuant to NRS 218.443, of each proposed constitutional amendment or statewide measure, including arguments for and against it; and
(c) The full text of each proposed constitutional amendment.
2. Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:
(a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;
(b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and
(c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.
3. At least 10 days before any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in [at least 10-point] bold type immediately above the location which states:
κ2001 Statutes of Nevada, Page 2002 (Chapter 408, SB 27)κ
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
8. The county clerk shall include in each sample ballot for a primary election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.
[5.] 9. The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.
Sec. 3. NRS 293C.530 is hereby amended to read as follows:
293C.530 1. At least 10 days before an election, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his precinct with a notice informing the voter of the location of his polling place. If the location of the polling place has changed since the last election:
(a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or
(b) The sample ballot must also include a notice in [at least 10-point] bold type immediately above the location which states:
NOTICE: THE LOCATION OF YOUR POLLING PLACE
HAS CHANGED SINCE THE LAST ELECTION
2. Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
κ2001 Statutes of Nevada, Page 2003 (Chapter 408, SB 27)κ
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.
6. The city clerk shall include in each sample ballot for a primary city election, a separate page on which is printed a list of the offices and candidates for those offices for which there is no opposition.
[3.] 7. The cost of mailing sample ballots for a city election must be borne by the city holding the election.
Sec. 4. NRS 266.0325 is hereby amended to read as follows:
266.0325 1. At least 10 days before an election held pursuant to NRS 266.029, the county clerk or registrar of voters shall cause to be mailed to each qualified elector a sample ballot for his precinct with a notice informing the elector of the location of his polling place.
2. The sample ballot must:
(a) Be in the form required by NRS 266.032.
(b) Include the information required by NRS 266.032.
(c) Except as otherwise provided in subsection 3, be printed in at least 12-point type.
(d) Describe the area proposed to be incorporated by assessors parcel maps, existing boundaries of subdivision or parcel maps, identifying visible ground features, extensions of the visible ground features, or by any boundary that coincides with the official boundary of the state, a county, a city, a township, a section or any combination thereof.
[(d)] (e) Contain a copy of the map or plat that was submitted with the petition pursuant to NRS 266.019 and depicts the existing dedicated streets, sewer interceptors and outfalls and their proposed extensions.
(f) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
κ2001 Statutes of Nevada, Page 2004 (Chapter 408, SB 27)κ
5. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
Sec. 5. A form for an application to register to vote prescribed by the secretary of state which does not comply with the requirements of section 1 of this act may be used after July 1, 2001, if the form was printed on or before July 1, 2001, but forms that do not comply with section 1 of this act must not be ordered or produced after July 1, 2001.
________
Senate Bill No. 38Senator Townsend
CHAPTER 409
AN ACT relating to the Airport Authority of Washoe County; revising the provisions governing the appointment of the members of the board of trustees; prohibiting a former member of the board from entering into, bidding on or having a pecuniary interest in a contract with the authority or being employed by the authority until 1 year after the termination of his service on the board; exempting the Authority from certain requirements concerning concession agreements; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 83, Statutes of Nevada 1981, at page 181, is hereby amended to read as follows:
Sec. 5. 1. The authority [shall] must be directed and governed by a board of trustees composed of eight persons who serve at the pleasure of the appointing authority in each case.
2. The City of Reno [shall] must be represented on the board by four members, the City of Sparks by two members and Washoe County by two members, appointed as specified in this section. The terms of all trustees appointed by the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County pursuant to this section [prior to] before its amendment expire on July 1, 1981. On July 1, 1981:
(a) The city council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments [shall] must be made for terms of 4 years.
(b) The city council of the City of Sparks shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments [shall] must be made for a term of 4 years.
(c) The board of county commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments [shall] must be made for terms of 4 years.
κ2001 Statutes of Nevada, Page 2005 (Chapter 409, SB 38)κ
3. The position of a member of the board of trustees [shall] must be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
4. An appointment of a member of the board of trustees pursuant to the provisions of this section must be made not later than June 15 of the year in which the member is required to be appointed.
Sec. 2. Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 186, Statutes of Nevada 1995, at page 310, is hereby amended to read as follows:
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at the authoritys expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authoritys business.
3. Each member of the board is entitled to receive $560 per month.
4. A former member of the board may not:
(a) Enter into, submit a bid for or have a pecuniary interest in a contract with the authority; or
(b) Be employed by the authority,
until 1 year after the termination of his service on the board.
5. For the purposes of this section, financial interest means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested persons household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.
Sec. 3. Section 10.2 of chapter 737, Statutes of Nevada 1989, as last amended by chapter 614, Statutes of Nevada 1993, at page 2554, is hereby amended to read as follows:
Sec. 10.2 1. The authority may enter into any concession agreement if the board or its authorized representative reviews the agreement and determines it is in the best interest of the authority. In making [this] that determination, the board or its authorized representative shall consider whether the proposed fees to be paid to the authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.
2. Before entering into any concession agreement providing estimated revenue to the authority of more than $25,000, the authority must:
(a) Comply with the bidding requirements of the Local Government Purchasing Act [;] except the provisions of subsection 3 of NRS 332.105; or
κ2001 Statutes of Nevada, Page 2006 (Chapter 409, SB 38)κ
(b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the county at least three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the authority to be held after completion of the publication at which any interested person may appear.
3. The board may authorize the executive director of the authority to enter into any concession agreement on behalf of the authority if the agreement provides estimated revenue to the authority of $25,000 or less. Such an agreement is not subject to the provisions of subsection 2.
Sec. 4. The prohibition set forth in subsection 4 of section 6 of chapter 474, Statutes of Nevada 1977, as last amended by section 2 of this act, applies to members of the board of trustees of the Airport Authority of Washoe County who are serving on or after July 1, 2001.
Sec. 5. This act becomes effective on July 1, 2001.
________
Senate Bill No. 61Committee on Government Affairs
CHAPTER 410
AN ACT relating to public works projects; authorizing certain public bodies to contract with a design-build team for certain public works projects; removing certain requirements for providing notice of certain hearings; removing certain requirements for advertising for preliminary proposals from design-build teams for certain projects; changing certain requirements for the contents of a request for preliminary proposals; authorizing a public body and the department of transportation to select finalists for submitting a final proposal within a certain period; requiring a public body and the department of transportation to consider the degree to which a preliminary proposal is responsive to certain requirements when selecting finalists; changing certain requirements for a request for final proposals; removing the date for expiration of provisions relating to the use of design-build teams on public works projects; and providing other matters properly relating thereto.
[Approved: June 5, 2001]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.1385 is hereby amended to read as follows:
338.1385 1. Except as otherwise provided in subsection [7 and- NRS 338.1906 and 338.1907,] 8, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
κ2001 Statutes of Nevada, Page 2007 (Chapter 410, SB 61)κ
2. Except as otherwise provided in subsection [7,] 8, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to NRS 338.1379 to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379, unless the bidder is exempt from meeting such qualifications pursuant to NRS 338.1383;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.
7. In preparing the estimated cost of a project pursuant to subsection 6, the state or a local government must include the fair market value of, or, if known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.
8. This section does not apply to:
κ2001 Statutes of Nevada, Page 2008 (Chapter 410, SB 61)κ
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.
Sec. 2. NRS 338.1389 is hereby amended to read as follows:
338.1389 1. Except as otherwise provided in NRS 338.1385 and 338.1711 to 338.1727, inclusive, a public body shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been determined by the public body to be a qualified bidder pursuant to NRS 338.1379 or is exempt from meeting such requirements pursuant to NRS 338.1373 or 338.1383; and
(b) At the time he submits his bid, provides to the public body a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
κ2001 Statutes of Nevada, Page 2009 (Chapter 410, SB 61)κ
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. [Except as otherwise provided in subsection 2 of NRS 338.1727, if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the construction of a public work. A written objection authorized pursuant to this subsection must:
κ2001 Statutes of Nevada, Page 2010 (Chapter 410, SB 61)κ
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 3. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection [6 and NRS 338.1907,] 7, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection [6,] 7, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
κ2001 Statutes of Nevada, Page 2011 (Chapter 410, SB 61)κ
5. Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.
6. In preparing the estimated cost of a project pursuant to subsection 5, a local government must include the fair market value of, or, if known, the actual cost of, all materials, supplies, labor and equipment to be used for the project.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley water district created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley water district created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.
Sec. 4. NRS 338.147 is hereby amended to read as follows:
338.147 1. Except as otherwise provided in NRS 338.143 and 338.1711 to 338.1727, inclusive, a local government shall award a contract for a public work to the contractor who submits the best bid.
2. Except as otherwise provided in subsection 8 or limited by subsection 9, for the purposes of this section, a contractor who:
(a) Has been found to be a responsible and responsive contractor by the local government; and
(b) At the time he submits his bid, provides to the local government a copy of a certificate of eligibility to receive a preference in bidding on public works issued to him by the state contractors board pursuant to subsection 3,
shall be deemed to have submitted a better bid than a competing contractor who has not provided a copy of such a valid certificate of eligibility if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.
3. The state contractors board shall issue a certificate of eligibility to receive a preference in bidding on public works to a general contractor who is licensed pursuant to the provisions of chapter 624 of NRS and submits to the board an affidavit from a certified public accountant setting forth that the general contractor has:
κ2001 Statutes of Nevada, Page 2012 (Chapter 410, SB 61)κ
the board an affidavit from a certified public accountant setting forth that the general contractor has:
(a) Paid:
(1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction in this state, including, without limitation, construction that is undertaken or carried out on land within the boundaries of this state that is managed by the Federal Government or is on an Indian reservation or Indian colony, of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant;
(2) The governmental services tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business in this state of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of the affidavit from the certified public accountant; or
(3) Any combination of such sales and use taxes and governmental services tax; or
(b) Acquired, by inheritance, gift or transfer through a stock option plan for employees, all the assets and liabilities of a viable, operating construction firm that possesses a:
(1) License as a general contractor pursuant to the provisions of chapter 624 of NRS; and
(2) Certificate of eligibility to receive a preference in bidding on public works.
4. For the purposes of complying with the requirements set forth in paragraph (a) of subsection 3, a general contractor shall be deemed to have paid:
(a) Sales and use taxes and governmental services taxes that were paid in this state by an affiliate or parent company of the contractor, if the affiliate or parent company is also a general contractor; and
(b) Sales and use taxes that were paid in this state by a joint venture in which the contractor is a participant, in proportion to the amount of interest the contractor has in the joint venture.
5. A contractor who has received a certificate of eligibility to receive a preference in bidding on public works from the state contractors board pursuant to subsection 3 shall, at the time for the annual renewal of his contractors license pursuant to NRS 624.283, submit to the board an affidavit from a certified public accountant setting forth that the contractor has, during the immediately preceding 12 months, paid the taxes required pursuant to paragraph (a) of subsection 3 to maintain his eligibility to hold such a certificate.
6. A contractor who fails to submit an affidavit to the board pursuant to subsection 5 ceases to be eligible to receive a preference in bidding on public works unless he reapplies for and receives a certificate of eligibility pursuant to subsection 3.
7. If a contractor who applies to the state contractors board for a certificate of eligibility to receive a preference in bidding on public works submits false information to the board regarding the required payment of taxes, the contractor is not eligible to receive a preference in bidding on public works for a period of 5 years after the date on which the board becomes aware of the submission of the false information.
κ2001 Statutes of Nevada, Page 2013 (Chapter 410, SB 61)κ
8. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.
9. [Except as otherwise provided in subsection 2 of NRS 338.1727 and subsection 2 of NRS 408.3886 if] If a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.
10. The state contractors board shall adopt regulations and may assess reasonable fees relating to the certification of contractors for a preference in bidding on public works.
11. A person or entity who believes that a contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works may challenge the validity of the certificate by filing a written objection with the public body to which the contractor has submitted a bid or proposal on a contract for the completion of a public work. A written objection authorized pursuant to this subsection must:
(a) Set forth proof or substantiating evidence to support the belief of the person or entity that the contractor wrongfully holds a certificate of eligibility to receive a preference in bidding on public works; and
(b) Be filed with the public body at or after the time at which the contractor submitted the bid or proposal to the public body and before the time at which the public body awards the contract for which the bid or proposal was submitted.
12. If a public body receives a written objection pursuant to subsection 11, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to paragraph (a) of that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection and may proceed immediately to award the contract. If the public body determines that the objection is accompanied by the required proof or substantiating evidence, the public body shall determine whether the contractor qualifies for the certificate pursuant to the provisions of this section and may proceed to award the contract accordingly.
Sec. 5. NRS 338.1711 is hereby amended to read as follows:
338.1711 1. Except as otherwise provided in this section, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.
2. A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body determines that:
(a) The public work is:
(1) A plant or facility for the treatment and pumping of water or the treatment and disposal of wastewater or sewage, the estimated cost of which exceeds $100,000,000; or
(2) Any other type of public work, except a stand-alone underground utility project, the estimated cost of which exceeds $30,000,000; and
(b) Contracting with a design-build team will enable the public body to:
κ2001 Statutes of Nevada, Page 2014 (Chapter 410, SB 61)κ
(1) Design and construct the public work at a cost that is significantly lower than the cost that the public body would incur to design and construct the p