[Rev. 10/24/2013 8:18:17 PM--2013]

Link to Page 3762

 

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ê2013 Statutes of Nevada, Page 3763 (Chapter 551, SB 228)ê

 

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the public officer or employee has not taken part in developing the contract plans or specifications and the public officer or employee will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his or her interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where the commission, personal profit or compensation is $650 or more, for a category D felony as provided in NRS 193.130.

      (b) Where the commission, personal profit or compensation is less than $650, for a misdemeanor.

      6.  A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

      Sec. 17. Chapter 281A of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 27.5, inclusive, of this act.

      Sec. 18. “Agency” means any state agency or local agency.

      Sec. 19. “Commitment in a private capacity,” with respect to the interests of another person, means a commitment, interest or relationship of a public officer or employee to a person:

      1.  Who is the spouse or domestic partner of the public officer or employee;

      2.  Who is a member of the household of the public officer or employee;

      3.  Who is related to the public officer or employee, or to the spouse or domestic partner of the public officer or employee, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity;

      4.  Who employs the public officer or employee, the spouse or domestic partner of the public officer or employee or a member of the household of the public officer or employee;

      5.  With whom the public officer or employee has a substantial and continuing business relationship; or

      6.  With whom the public officer or employee has any other commitment, interest or relationship that is substantially similar to a commitment, interest or relationship described in subsections 1 to 5, inclusive.

 


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ê2013 Statutes of Nevada, Page 3764 (Chapter 551, SB 228)ê

 

      Sec. 20. “Domestic partner” means a person in a domestic partnership.

      Sec. 21. “Domestic partnership” means:

      1.  A domestic partnership as defined in NRS 122A.040; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      Sec. 22. “Local agency” means any local legislative body, agency, bureau, board, commission, department, division, office or other unit of any county, city or other political subdivision.

      Sec. 23. “Pecuniary interest” means any beneficial or detrimental interest in a matter that consists of or is measured in money or is otherwise related to money, including, without limitation:

      1.  Anything of economic value; and

      2.  Payments or other money which a person is owed or otherwise entitled to by virtue of any statute, regulation, code, ordinance or contract or other agreement.

      Sec. 24. “State agency” means any agency, bureau, board, commission, department, division, office or other unit of the Executive Department of the State Government.

      Sec. 24.5. 1.  Any person who serves in one of the following positions is designated as a public officer for the purposes of this chapter:

      (a) A president of a university, state college or community college within the Nevada System of Higher Education.

      (b) A superintendent of a county school district.

      (c) A county manager or a city manager.

      2.  This section applies to such a person regardless of whether the person serves in the position:

      (a) By appointment, contract or employment;

      (b) With or without compensation; or

      (c) On a temporary, interim or acting basis.

      Sec. 25. In computing any period prescribed or allowed by this chapter:

      1.  If the period begins to run on the occurrence of an act or event, the day on which the act or event begins is excluded from the computation.

      2.  The last day of the period is included in the computation, except that if the last day falls on a Saturday, Sunday, legal holiday or holiday proclaimed by the Governor or on a day on which the office of the Commission is not open for the conduct of business, the period is extended to the close of business on the next business day.

      Sec. 26. (Deleted by amendment.)

      Sec. 27. The Commission may apply for and accept grants, contributions, services or money for the purposes of carrying out the provisions of this chapter only if the action is approved by a majority vote in an open public meeting of the Commission and the Commission complies with the provisions of the State Budget Act.

      Sec. 27.3. In any matter in which the Commission disposes of a request for an opinion by stipulation, agreed settlement or consent order, the Commission shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation or alleged violation.

 


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ê2013 Statutes of Nevada, Page 3765 (Chapter 551, SB 228)ê

 

      Sec. 27.5. 1.  In determining whether a violation of this chapter is a willful violation and, if so, the amount of any civil penalty to be imposed on a public officer or employee or former public officer or employee pursuant to NRS 281A.480, the Commission shall consider:

      (a) The seriousness of the violation, including, without limitation, the nature, circumstances, extent and gravity of the violation;

      (b) The number and history of previous warnings issued to or violations of the provisions of this chapter by the public officer or employee;

      (c) The cost to the Commission to conduct the investigation and any hearing relating to the violation;

      (d) Any mitigating factors, including, without limitation, any self-reporting, prompt correction of the violation, any attempts to rectify the violation before any complaint is filed and any cooperation by the public officer or employee in resolving the complaint;

      (e) Any restitution or reimbursement paid to parties affected by the violation;

      (f) The extent of any financial gain resulting from the violation; and

      (g) Any other matter justice may require.

      2.  In applying the factors set forth in this section, the Commission shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation.

      Sec. 28. (Deleted by amendment.)

      Sec. 29. NRS 281A.030 is hereby amended to read as follows:

      281A.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 281A.040 to 281A.170, inclusive, and sections 18 to 24, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 30. NRS 281A.100 is hereby amended to read as follows:

      281A.100  “Household” means an association of persons who live in the same home or dwelling [, sharing its expenses,] and who are related by blood, adoption , [or] marriage or domestic partnership.

      Sec. 31. NRS 281A.125 is hereby amended to read as follows:

      281A.125  “Member of a local legislative body” means a member of a board of county commissioners, a governing body of a city or a governing body of any other political subdivision who performs any function that involves introducing, voting upon or otherwise acting upon any matter of a permanent or general character which may reflect public policy . [and which is not typically restricted to identifiable persons or groups.]

      Sec. 32. (Deleted by amendment.)

      Sec. 32.3. NRS 281A.160 is hereby amended to read as follows:

      281A.160  1.  “Public officer” means a person [elected] who is:

      (a) Elected or appointed to a position which:

      [(a)](1) Is established by the Constitution of the State of Nevada, a statute of this State or a charter or ordinance of any county, city or other political subdivision; and

      [(b)](2) Involves the exercise of a public power, trust or duty [.] ; or

      (b) Designated as a public officer for the purposes of this chapter pursuant to section 24.5 of this act.

      2.  As used in this section, “the exercise of a public power, trust or duty” means:

 


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ê2013 Statutes of Nevada, Page 3766 (Chapter 551, SB 228)ê

 

             [(1)](a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of public policy;

             [(2)](b) The expenditure of public money; and

             [(3)](c) The administration of laws and rules of the State or any county, city or other political subdivision.

      [2.]3.  “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;

      (c) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      [3.]4.  “Public office” does not include an office held by:

      (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;

      (c) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization of the expenditure of the district’s money; or

      (d) A county health officer appointed pursuant to NRS 439.290.

      Sec. 32.5. NRS 281A.170 is hereby amended to read as follows:

      281A.170  “Willful violation” means a violation where [the] :

      1.  The public officer or employee:

      [1.](a) Acted intentionally and knowingly; or

      [2.](b) Was in a situation where this chapter imposed a duty to act and the public officer or employee intentionally and knowingly failed to act in the manner required by this chapter [.] ; and

      2.  The Commission determines, after applying the factors set forth in section 27.5 of this act, that the public officer’s or employee’s act or failure to act resulted in a sanctionable violation of this chapter.

      Sec. 33. NRS 281A.200 is hereby amended to read as follows:

      281A.200  1.  The Commission on Ethics, consisting of eight members, is hereby created.

      2.  The Legislative Commission shall appoint to the Commission four residents of the State, at least two of whom [are] must be former public officers [,] or employees, and at least one of whom must be an attorney licensed to practice law in this State.

      3.  The Governor shall appoint to the Commission four residents of the State, at least two of whom must be former public officers or [public] employees, and at least one of whom must be an attorney licensed to practice law in this State.

      4.  Not more than four members of the Commission may be members of the same political party. Not more than four members of the Commission may be residents of the same county.

      5.  None of the members of the Commission may, while the member is serving on the Commission:

      (a) Hold another public office;

      (b) Be actively involved in the work of any political party or political campaign; or

 


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ê2013 Statutes of Nevada, Page 3767 (Chapter 551, SB 228)ê

 

      (c) Communicate directly with a State Legislator or a member of a local legislative body on behalf of someone other than himself or herself or the Commission, for compensation, to influence:

             (1) The State Legislator with regard to introducing or voting upon any matter or taking other legislative action; or

             (2) The member of the local legislative body with regard to introducing or voting upon any ordinance or resolution, taking other legislative action or voting upon:

                   (I) The appropriation of public money;

                   (II) The issuance of a license or permit; or

                   (III) Any proposed subdivision of land or special exception or variance from zoning regulations.

      6.  After the initial terms, the terms of the members are 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms.

      Sec. 34. NRS 281A.240 is hereby amended to read as follows:

      281A.240  1.  In addition to any other duties imposed upon the Executive Director, the Executive Director shall:

      (a) Maintain complete and accurate records of all transactions and proceedings of the Commission.

      (b) Receive requests for opinions pursuant to NRS 281A.440.

      (c) Gather information and conduct investigations regarding requests for opinions received by the Commission and submit recommendations to the investigatory panel appointed pursuant to NRS 281A.220 regarding whether there is just and sufficient cause to render an opinion in response to a particular request.

      (d) Recommend to the Commission any regulations or legislation that the Executive Director considers desirable or necessary to improve the operation of the Commission and maintain high standards of ethical conduct in government.

      (e) Upon the request of any public officer or the employer of a public employee, conduct training on the requirements of this chapter, the rules and regulations adopted by the Commission and previous opinions of the Commission. In any such training, the Executive Director shall emphasize that the Executive Director is not a member of the Commission and that only the Commission may issue opinions concerning the application of the statutory ethical standards to any given set of facts and circumstances. The Commission may charge a reasonable fee to cover the costs of training provided by the Executive Director pursuant to this subsection.

      (f) Perform such other duties, not inconsistent with law, as may be required by the Commission.

      2.  The Executive Director shall, within the limits of legislative appropriation, employ such persons as are necessary to carry out any of the Executive Director’s duties relating to:

      (a) The administration of the affairs of the Commission; and

      (b) The investigation of matters under the jurisdiction of the Commission.

      3.  If the Executive Director is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Chair of the Commission shall designate a qualified person to perform the duties of the Executive Director with regard to that particular matter.

 


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ê2013 Statutes of Nevada, Page 3768 (Chapter 551, SB 228)ê

 

      Sec. 35. NRS 281A.260 is hereby amended to read as follows:

      281A.260  1.  The Commission Counsel is the legal adviser to the Commission. For each opinion of the Commission, the Commission Counsel shall prepare, at the direction of the Commission, the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct . [within the time set forth in subsection 6 of NRS 281A.440.] The Commission Counsel shall not issue written opinions concerning the applicability of the statutory ethical standards to a given set of facts and circumstances except as directed by the Commission.

      2.  The Commission may rely upon the legal advice of the Commission Counsel in conducting its daily operations.

      3.  If the Commission Counsel is prohibited from acting on a particular matter or is otherwise unable to act on a particular matter, the Commission may:

      (a) Request that the Attorney General appoint a deputy to act in the place of the Commission Counsel; or

      (b) Employ outside legal counsel.

      Sec. 36. NRS 281A.270 is hereby amended to read as follows:

      281A.270  1.  Each county whose population is 10,000 or more and each city whose population is 15,000 or more and that is located within such a county shall pay an assessment for the costs incurred by the Commission each biennium in carrying out its functions pursuant to this chapter. The total amount of money to be derived from assessments paid pursuant to this subsection for a biennium must be determined by the Legislature in the legislatively approved budget of the Commission for that biennium. The assessments must be apportioned among each such city and county based on the proportion that the total population of the city or the total population of the unincorporated area of the county bears to the total population of all such cities and the unincorporated areas of all such counties in this State.

      2.  On or before July 1 of each odd-numbered year, the Executive Director shall, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, determine for the next ensuing biennium the amount of the assessments due for each city and county that is required to pay an assessment pursuant to subsection 1. The assessments must be paid to the Commission in semiannual installments that are due on or before August 1 and February 1 of each year of the biennium. The Executive Director shall send out a billing statement to each such city or county which states the amount of the semiannual installment payment due from the city or county.

      3.  Any money that the Commission receives pursuant to subsection 2:

      (a) Must be deposited in the State Treasury, accounted for separately in the State General Fund and credited to the budget account for the Commission;

      (b) May only be used to carry out the provisions of this chapter and only to the extent authorized for expenditure by the Legislature; [and]

      (c) Does not revert to the State General Fund at the end of any fiscal year [.] ; and

      (d) Does not revert to a city or county if:

             (1) The actual expenditures by the Commission are less than the amount of the assessments approved by the Legislature pursuant to subsection 1 and the city or county has already remitted its semiannual installment to the Commission for the billing period; or

 


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ê2013 Statutes of Nevada, Page 3769 (Chapter 551, SB 228)ê

 

             (2) The budget of the Commission is modified after the amount of the assessments has been approved by the Legislature pursuant to subsection 1 and the city or county has already remitted its semiannual installment to the Commission for the billing period.

      4.  If any installment payment is not paid on or before the date on which it is due, the Executive Director shall make reasonable efforts to collect the delinquent payment. If the Executive Director is not able to collect the arrearage, the Executive Director shall submit a claim for the amount of the unpaid installment payment to the Department of Taxation. If the Department of Taxation receives such a claim, the Department shall deduct the amount of the claim from money that would otherwise be allocated from the Local Government Tax Distribution Account to the city or county that owes the installment payment and shall transfer that amount to the Commission.

      5.  As used in this section, “population” means the current population estimate for that city or county as determined and published by the Department of Taxation and the demographer employed pursuant to NRS 360.283.

      Sec. 37. NRS 281A.290 is hereby amended to read as follows:

      281A.290  The Commission shall:

      1.  Adopt procedural regulations [:] that are necessary and proper to carry out the provisions of this chapter, including, without limitation:

      (a) To facilitate the receipt of inquiries by the Commission;

      (b) For the filing of a request for an opinion with the Commission;

      (c) For the withdrawal of a request for an opinion by the person who filed the request; and

      (d) To facilitate the prompt rendition of opinions by the Commission.

      2.  Prescribe, by regulation, forms and procedures for the submission of statements of acknowledgment filed by public officers pursuant to NRS 281A.500, maintain files of such statements and make the statements available for public inspection.

      3.  Cause the making of such investigations as are reasonable and necessary for the rendition of its opinions pursuant to this chapter.

      4.  Inform the Attorney General or district attorney of all cases of noncompliance with the requirements of this chapter.

      5.  Recommend to the Legislature such further legislation as the Commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.

      6.  Publish a manual for the use of public officers and employees that [contains:

      (a) Hypothetical opinions which are abstracted from opinions rendered pursuant to subsection 1 of NRS 281A.440, for the future guidance of all persons concerned with ethical standards in government;

      (b) Abstracts of selected opinions rendered pursuant to subsection 2 of NRS 281A.440; and

      (c) An abstract of] explains the requirements of this chapter.

Ê The Legislative Counsel shall prepare annotations to this chapter for inclusion in the Nevada Revised Statutes based on the [abstracts and] published opinions of the Commission.

      Sec. 38. NRS 281A.300 is hereby amended to read as follows:

      281A.300  1.  The Chair and Vice Chair of the Commission may administer oaths.

 


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ê2013 Statutes of Nevada, Page 3770 (Chapter 551, SB 228)ê

 

      2.  The Commission, upon majority vote, may issue a subpoena to compel the attendance of a witness and the production of books and papers. Upon the request of the Executive Director or the public officer or [public] employee who is the subject of a request for an opinion, the Chair or, in the Chair’s absence, the Vice Chair, may issue a subpoena to compel the attendance of a witness and the production of books and papers. A public officer or employee who requests the issuance of a subpoena pursuant to this subsection must serve the subpoena in the manner provided in the Nevada Rules of Civil Procedure for service of subpoenas in a civil action and must pay the costs of such service.

      3.  Before issuing a subpoena to a public officer or [public] employee who is the subject of a request for an opinion [,] to compel his or her attendance as a witness or his or her production of books or papers, the Executive Director shall submit a written request to the public officer or [public] employee requesting:

      (a) The appearance of the public officer or [public] employee as a witness; or

      (b) The production by the public officer or [public] employee of any books and papers relating to the request for an opinion.

      4.  Each written request submitted by the Executive Director pursuant to subsection 3 must specify the time and place for the attendance of the public officer or [public] employee or the production of any books and papers, and designate with certainty the books and papers requested, if any. If the public officer or [public] employee fails or refuses to attend at the time and place specified or produce the books and papers requested by the Executive Director within 5 business days after receipt of the request, the Chair may issue the subpoena. Failure of the public officer or [public] employee to comply with the written request of the Executive Director shall be deemed a waiver by the public officer or [public] employee of the time set forth in subsections 4, 5 and 6 of NRS 281A.440.

      5.  If any witness refuses to attend, testify or produce any books and papers as required by the subpoena, the Chair of the Commission may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the Commission pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the Commission, or has refused to answer questions propounded to the witness, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the Commission.

      6.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced the books or papers before the Commission. A certified copy of the order must be served upon the witness.

      7.  If it appears to the court that the subpoena was regularly issued by the Commission, the court shall enter an order that the witness appear before the Commission, at the time and place fixed in the order, and testify or produce the required books and papers.

 


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ê2013 Statutes of Nevada, Page 3771 (Chapter 551, SB 228)ê

 

produce the required books and papers. Upon failure to obey the order, the witness must be dealt with as for contempt of court.

      Secs. 39 and 40. (Deleted by amendment.)

      Sec. 40.3. NRS 281A.400 is hereby amended to read as follows:

      281A.400  A code of ethical standards is hereby established to govern the conduct of public officers and employees:

      1.  A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic opportunity which would tend improperly to influence a reasonable person in the public officer’s or employee’s position to depart from the faithful and impartial discharge of the public officer’s or employee’s public duties.

      2.  A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the public officer or employee has a significant pecuniary interest, or any person to whom the public officer or employee has a commitment in a private capacity to the interests of that person. As used in this subsection [:

      (a) “Commitment in a private capacity to the interests of that person” has the meaning ascribed to “commitment in a private capacity to the interests of others” in subsection 8 of NRS 281A.420.

      (b) “Unwarranted”] , “unwarranted” means without justification or adequate reason.

      3.  A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract between the government and any business entity in which the public officer or employee has a significant pecuniary interest.

      4.  A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation from any private source for the performance of the public officer’s or employee’s duties as a public officer or employee.

      5.  If a public officer or employee acquires, through the public officer’s or employee’s public duties or relationships, any information which by law or practice is not at the time available to people generally, the public officer or employee shall not use the information to further [the] a significant pecuniary [interests] interest of the public officer or employee or any other person or business entity.

      6.  A public officer or employee shall not suppress any governmental report or other official document because it might tend to affect unfavorably [the public officer’s or employee’s] a significant pecuniary [interests.] interest of the public officer or employee.

      7.  Except for State Legislators who are subject to the restrictions set forth in subsection 8, a public officer or employee shall not use governmental time, property, equipment or other facility to benefit [the public officer’s or employee’s] a significant personal or [financial] pecuniary interest [.] of the public officer or employee. This subsection does not prohibit:

      (a) A limited use of governmental property, equipment or other facility for personal purposes if:

             (1) The public officer or employee who is responsible for and has authority to authorize the use of such property, equipment or other facility has established a policy allowing the use or the use is necessary as a result of emergency circumstances;

 


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ê2013 Statutes of Nevada, Page 3772 (Chapter 551, SB 228)ê

 

             (2) The use does not interfere with the performance of the public officer’s or employee’s public duties;

             (3) The cost or value related to the use is nominal; and

             (4) The use does not create the appearance of impropriety;

      (b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

      (c) The use of telephones or other means of communication if there is not a special charge for that use.

Ê If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinarily charge a member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the governmental agency.

      8.  A State Legislator shall not:

      (a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of the State Legislator or any other person. This paragraph does not prohibit:

             (1) A limited use of state property and resources for personal purposes if:

                   (I) The use does not interfere with the performance of the State Legislator’s public duties;

                   (II) The cost or value related to the use is nominal; and

                   (III) The use does not create the appearance of impropriety;

             (2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is available to members of the general public for nongovernmental purposes; or

             (3) The use of telephones or other means of communication if there is not a special charge for that use.

      (b) Require or authorize a legislative employee, while on duty, to perform personal services or assist in a private activity, except:

             (1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the State Legislator or legislative employee to perform that person’s official duties; or

             (2) Where such service has otherwise been established as legislative policy.

      9.  A public officer or employee shall not attempt to benefit [the public officer’s or employee’s] a significant personal or [financial] pecuniary interest of the public officer or employee through the influence of a subordinate.

      10.  A public officer or employee shall not seek other employment or contracts through the use of the public officer’s or employee’s official position.

      Sec. 40.5. NRS 281A.410 is hereby amended to read as follows:

      281A.410  In addition to the requirements of the code of ethical standards [:] and the other provisions of this chapter:

      1.  If a public officer or employee serves in a state agency of the Executive Department or an agency of any county, city or other political subdivision, the public officer or employee:

      (a) Shall not accept compensation from any private person to represent or counsel the private person on any issue pending before the agency in which that public officer or employee serves, if the agency makes decisions; and

 


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ê2013 Statutes of Nevada, Page 3773 (Chapter 551, SB 228)ê

 

      (b) If the public officer or employee leaves the service of the agency, shall not, for 1 year after leaving the service of the agency, represent or counsel for compensation a private person upon any issue which was under consideration by the agency during the public officer’s or employee’s service. As used in this paragraph, “issue” includes a case, proceeding, application, contract or determination, but does not include the proposal or consideration of legislative measures or administrative regulations.

      2.  [A] Except as otherwise provided in subsection 3, a State Legislator or a member of a local legislative body, or a public officer or employee whose public service requires less than half of his or her time, may represent or counsel a private person before an agency in which he or she does not serve. [Any other]

      3.  A member of a local legislative body shall not represent or counsel a private person for compensation before another local agency if the territorial jurisdiction of the other local agency includes any part of the county in which the member serves. The Commission may relieve the member from the strict application of the provisions of this subsection if:

      (a) The member requests an opinion from the Commission pursuant to subsection 1 of NRS 281A.440; and

      (b) The Commission determines that such relief is not contrary to:

             (1) The best interests of the public;

             (2) The continued ethical integrity of each local agency affected by the matter; and

             (3) The provisions of this chapter.

      4.  Unless permitted by this section, a public officer or employee shall not represent or counsel a private person for compensation before any state agency of the Executive or Legislative Department.

      [3.]5.  Not later than January 15 of each year, if any State Legislator , member of a local legislative body or other public officer [who] permitted by this section has, within the preceding year, represented or counseled a private person for compensation before a state agency of the Executive Department , he or she shall disclose for each such representation or counseling during the previous calendar year:

      (a) The name of the client;

      (b) The nature of the representation; and

      (c) The name of the state agency.

      [4.]6.  The disclosure required by subsection [3] 5 must be made in writing and filed with the Commission on a form prescribed by the Commission. For the purposes of this subsection, the disclosure is timely filed if, on or before the last day for filing, the disclosure is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the disclosure with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the disclosure with the third-party commercial carrier.

 


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      (d) Transmitted to the Commission by facsimile machine or other electronic means authorized by the Commission. Filing by facsimile machine or other electronic means is complete upon receipt of the transmission by the Commission.

      [5.]7.  The Commission shall retain a disclosure filed pursuant to [subsections 3 and 4] this section for 6 years after the date on which the disclosure was filed.

      Sec. 41. NRS 281A.420 is hereby amended to read as follows:

      281A.420  1.  Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon a matter:

      (a) Regarding which the public officer or employee has accepted a gift or loan;

      (b) In which the public officer or employee has a significant pecuniary interest; or

      (c) Which would reasonably be affected by the public officer’s or employee’s commitment in a private capacity to the [interest of others,] interests of another person,

Ê without disclosing [sufficient] information concerning the gift [,] or loan, significant pecuniary interest or commitment in a private capacity to the interests of the person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, or upon the [persons] person to whom the public officer or employee has a commitment in a private capacity. Such a disclosure must be made at the time the matter is considered. If the public officer or employee is a member of a body which makes decisions, the public officer or employee shall make the disclosure in public to the chair and other members of the body. If the public officer or employee is not a member of such a body and holds an appointive office, the public officer or employee shall make the disclosure to the supervisory head of the public officer’s or employee’s organization or, if the public officer holds an elective office, to the general public in the area from which the public officer is elected.

      2.  The provisions of subsection 1 do not require a public officer to disclose:

      (a) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125; or

      (b) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286.

      3.  Except as otherwise provided in this section, in addition to the requirements of subsection 1, a public officer shall not vote upon or advocate the passage or failure of, but may otherwise participate in the consideration of, a matter with respect to which the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by:

      (a) The public officer’s acceptance of a gift or loan;

      (b) The public officer’s significant pecuniary interest; or

      (c) The public officer’s commitment in a private capacity to the interests of [others.] another person.

      4.  In interpreting and applying the provisions of subsection 3:

      (a) It must be presumed that the independence of judgment of a reasonable person in the public officer’s situation would not be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or [the public officer’s] commitment in a private capacity to the interests of [others] another person where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of [others,] another person, accruing to the other [persons,] person, is not greater than that accruing to any other member of [the] any general business, profession, occupation or group that is affected by the matter.

 


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ê2013 Statutes of Nevada, Page 3775 (Chapter 551, SB 228)ê

 

affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or [the public officer’s] commitment in a private capacity to the interests of [others] another person where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of [others,] another person, accruing to the other [persons,] person, is not greater than that accruing to any other member of [the] any general business, profession, occupation or group that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of the requirements set forth in subsection 1 relating to the disclosure of the acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of [others.] another person.

      (b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer has properly disclosed the public officer’s acceptance of a gift or loan, [the public officer’s] significant pecuniary interest or [the public officer’s] commitment in a private capacity to the interests of [others] another person in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, [the public officer’s] significant pecuniary interest or [the public officer’s] commitment in a private capacity to the interests of [others.] another person.

      5.  Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee.

      6.  The provisions of this section do not, under any circumstances:

      (a) Prohibit a member of a local legislative body from requesting or introducing a legislative measure; or

      (b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a legislative measure.

      7.  The provisions of this section do not, under any circumstances, apply to State Legislators or allow the Commission to exercise jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gifts, loans, interests or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced exclusively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada Constitution.

      8.  As used in this section [:

 


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ê2013 Statutes of Nevada, Page 3776 (Chapter 551, SB 228)ê

 

      (a) “Commitment in a private capacity to the interests of others” means a commitment to a person:

             (1) Who is a member of the public officer’s or employee’s household;

             (2) Who is related to the public officer or employee by blood, adoption or marriage within the third degree of consanguinity or affinity;

             (3) Who employs the public officer or employee or a member of the public officer’s or employee’s household;

             (4) With whom the public officer or employee has a substantial and continuing business relationship; or

             (5) Any other commitment or relationship that is substantially similar to a commitment or relationship described in subparagraphs (1) to (4), inclusive, of this paragraph.

      (b) “Public] , “public officer” and “public employee” do not include a State Legislator.

      Sec. 42. (Deleted by amendment.)

      Sec. 42.5. NRS 281A.430 is hereby amended to read as follows:

      281A.430  1.  Except as otherwise provided in this section and NRS [281A.530] 218A.970 and 332.800, a public officer or employee shall not bid on or enter into a contract between [a governmental] an agency and any business entity in which the public officer or employee has a significant pecuniary interest.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with [any governmental] an agency, except the board, commission or body on which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with [a governmental] an agency, or may benefit financially or otherwise from a contract between [a governmental] an agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  [A] Except as otherwise provided in subsection 2, 3 or 5, a public officer or employee [, other than a public officer or employee described in subsection 2 or 3,] may bid on or enter into a contract with [a governmental] an agency if:

      (a) The contracting process is controlled by the rules of open competitive bidding or the rules of open competitive bidding are not employed as a result of the applicability of NRS 332.112 or 332.148;

      (b) The sources of supply are limited;

      (c) The public officer or employee has not taken part in developing the contract plans or specifications; and

      (d) The public officer or employee will not be personally involved in opening, considering or accepting offers.

Ê If a public officer who is authorized to bid on or enter into a contract with [a governmental] an agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose the public officer’s interest in the contract and shall not vote on or advocate the approval of the contract.

 


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ê2013 Statutes of Nevada, Page 3777 (Chapter 551, SB 228)ê

 

requirements of NRS 281A.420, shall disclose the public officer’s interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A member of a local legislative body shall not, either individually or through any business entity in which the member has a significant pecuniary interest, sell goods or services to the local agency governed by his or her local legislative body unless:

      (a) The member, or the business entity in which the member has a significant pecuniary interest, offers the sole source of supply of the goods or services within the territorial jurisdiction of the local agency governed by his or her local legislative body;

      (b) The local legislative body includes in the public notice and agenda for the meeting at which it will consider the purchase of such goods or services a clear and conspicuous statement that it is considering purchasing such goods or services from one of its members, or from a business entity in which the member has a significant pecuniary interest;

      (c) At the meeting, the member discloses his or her significant pecuniary interest in the purchase of such goods or services and does not vote upon or advocate the approval of the matter pursuant to the requirements of NRS 281A.420; and

      (d) The local legislative body approves the purchase of such goods or services in accordance with all other applicable provisions of law.

      6.  The Commission may relieve a public officer or employee from the strict application of the provisions of this section if:

      (a) The public officer or employee requests an opinion from the Commission pursuant to subsection 1 of NRS 281A.440; and

      (b) The Commission determines that such relief is not contrary to:

             (1) The best interests of the public;

             (2) The continued ethical integrity of each agency affected by the matter; and

             (3) The provisions of this chapter.

      Sec. 43. NRS 281A.440 is hereby amended to read as follows:

      281A.440  1.  The Commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances within 45 days after receiving a request, on a form prescribed by the Commission, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of the requester’s own past, present or future conduct as [an] a public officer or employee, unless the public officer or employee waives the time limit. The public officer or employee may also request the Commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of the requester’s own present or future conduct, the opinion of the Commission is:

      (a) Binding upon the requester as to the requester’s future conduct; and

      (b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

      2.  The Commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

 

 


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ê2013 Statutes of Nevada, Page 3778 (Chapter 551, SB 228)ê

 

      (a) Upon request from a specialized or local ethics committee.

      (b) Except as otherwise provided in this subsection, upon request from a person, if the requester submits:

             (1) The request on a form prescribed by the Commission; and

             (2) All related evidence deemed necessary by the Executive Director and the investigatory panel to make a determination of whether there is just and sufficient cause to render an opinion in the matter.

      (c) Upon the Commission’s own motion regarding the propriety of conduct by a public officer or employee. The Commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint.

Ê The Commission shall not render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this State.

      3.  Upon receipt of a request for an opinion by the Commission or upon the motion of the Commission pursuant to subsection 2, the Executive Director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The Executive Director shall notify the public officer or employee who is the subject of the request and provide the public officer or employee an opportunity to submit to the Executive Director a response to the allegations against the public officer or employee within 30 days after the date on which the public officer or employee received the notice of the request. The purpose of the response is to provide the Executive Director with any information relevant to the request which the public officer or employee believes may assist the Executive Director and the investigatory panel in conducting the investigation. The public officer or employee is not required in the response or in any proceeding before the investigatory panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against the public officer or employee and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceeding before the investigatory panel.

      4.  The Executive Director shall complete the investigation and present a written recommendation relating to just and sufficient cause , including, without limitation, the specific evidence or reasons that support the recommendation, to the investigatory panel within 70 days after the receipt of or the motion of the Commission for the request, unless the public officer or employee waives this time limit. [If, after the investigation, the Executive Director determines that there is just and sufficient cause for the Commission to render an opinion in the matter, the Executive Director shall state such a recommendation in writing, including, without limitation, the specific evidence that supports the Executive Director’s recommendation. If, after the investigation, the Executive Director determines that there is not just and sufficient cause for the Commission to render an opinion in the matter, the Executive Director shall state such a recommendation in writing, including, without limitation, the specific reasons for the Executive Director’s recommendation.]

      5.  Within 15 days after the Executive Director has provided the [Executive Director’s] written recommendation in the matter to the investigatory panel [,] pursuant to subsection 4, the investigatory panel shall conclude the investigation and make a final determination regarding whether there is just and sufficient cause for the Commission to render an opinion in the matter, unless the public officer or employee waives this time limit.

 


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ê2013 Statutes of Nevada, Page 3779 (Chapter 551, SB 228)ê

 

conclude the investigation and make a final determination regarding whether there is just and sufficient cause for the Commission to render an opinion in the matter, unless the public officer or employee waives this time limit. The investigatory panel shall not determine that there is just and sufficient cause for the Commission to render an opinion in the matter unless the Executive Director has provided the public officer or employee an opportunity to respond to the allegations against the public officer or employee as required by subsection 3. The investigatory panel shall cause a record of its proceedings in each matter to be kept . [, and such a record must remain confidential until the investigatory panel determines whether there is just and sufficient cause for the Commission to render an opinion in the matter.]

      6.  If the investigatory panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter, the Commission shall hold a hearing and render an opinion in the matter within 60 days after the determination of just and sufficient cause by the investigatory panel, unless the public officer or employee waives this time limit.

      7.  Each request for an opinion that a public officer or employee submits to the Commission pursuant to subsection 1, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

      (b) Discloses the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      8.  Except as otherwise provided in [this] subsection [, each document] 9, all information, communications, records, documents or other material in the possession of the Commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the Commission pursuant to subsection 2, including, without limitation, [the Commission’s copy of the request and all materials and information gathered in an investigation of the request, is] the record of the proceedings of the investigatory panel made pursuant to subsection 5, are confidential and not public records pursuant to chapter 239 of NRS until [the] :

      (a) The investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter [. The] and serves written notice of such a determination on the public officer or employee who is the subject of the request for an opinion submitted or initiated pursuant to subsection 2; or

      (b) The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to subsection 2 [may in writing authorize] authorizes the Commission in writing to make its [files, material and] information , communications, records, documents or other material which are related to the request publicly available [.] ,

Ê whichever occurs first.

 


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ê2013 Statutes of Nevada, Page 3780 (Chapter 551, SB 228)ê

 

      9.  Except as otherwise provided in [paragraphs (a) and (b), the proceedings of the investigatory panel are] this section, the investigative file of the Commission is confidential . [until] At any time after being served with written notice of the determination of the investigatory panel [determines whether there is] regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter [. A person who:

      (a) Requests an opinion from the Commission pursuant to paragraph (b) of subsection 2 may:

             (1) At any time, reveal to a third party the alleged conduct of a public officer or employee underlying the request that the person filed with the Commission or the substance of testimony, if any, that the person gave before the Commission.

             (2) After the investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that the person requested an opinion from the Commission.

      (b) Gives testimony before the Commission may:

             (1) At any time, reveal to a third party the substance of testimony that the person gave before the Commission.

             (2) After the investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter, reveal to a third party the fact that the person gave testimony before the Commission.] , the public officer or employee who is the subject of the request for an opinion may submit a written discovery request to the Commission for a copy of any portion of the investigative file that the Commission intends to present for consideration as evidence in rendering an opinion in the matter and a list of proposed witnesses. Any portion of the investigative file which the Commission presents as evidence in rendering an opinion in the matter becomes a public record as provided in chapter 239 of NRS.

      10.  Whenever the Commission holds a hearing pursuant to this section, the Commission shall:

      (a) Notify the person about whom the opinion was requested of the place and time of the Commission’s hearing on the matter;

      (b) Allow the person to be represented by counsel; and

      (c) Allow the person to hear the evidence presented to the Commission and to respond and present evidence on the person’s own behalf.

Ê The Commission’s hearing may be held no sooner than 10 days after the notice is given unless the person agrees to a shorter time.

      11.  If a person who is not a party to a hearing before the Commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the Executive Director in writing. The Executive Director may submit the question to the Commission if the Executive Director deems the question relevant and appropriate. This subsection does not require the Commission to ask any question submitted by a person who is not a party to the proceeding.

      12.  If a person who requests an opinion pursuant to subsection 1 or 2 does not:

      (a) Submit all necessary information to the Commission; and

      (b) Declare by oath or affirmation that the person will testify truthfully,

Ê the Commission may decline to render an opinion.

 


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ê2013 Statutes of Nevada, Page 3781 (Chapter 551, SB 228)ê

 

      13.  For good cause shown, the Commission may take testimony from a person by telephone or video conference.

      14.  For the purposes of NRS 41.032, the members of the Commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.

      15.  A meeting or hearing that the Commission or the investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      16.  For the purposes of this section, the investigative file of the Commission which relates to a request for an opinion regarding a public officer or employee includes, without limitation, any information obtained by the Commission through any form of communication during the course of an investigation and any records, documents or other material created or maintained during the course of an investigation which relate to the public officer or employee who is the subject of the request for an opinion, regardless of whether such information, records, documents or other material are obtained by a subpoena.

      Sec. 44. NRS 281A.470 is hereby amended to read as follows:

      281A.470  1.  Any [department, board, commission or other] state agency [of the State] or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the Commission. A specialized or local ethics committee may:

      (a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards.

      (b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of the public officer’s or employee’s own future official conduct or refer the request to the Commission. Any public officer or employee subject to the jurisdiction of the committee shall direct the public officer’s or employee’s inquiry to that committee instead of the Commission.

      (c) Require the filing of statements of financial disclosure by public officers on forms prescribed by the committee or the city clerk if the form has been:

             (1) Submitted, at least 60 days before its anticipated distribution, to the Secretary of State for review; and

             (2) Upon review, approved by the Secretary of State. The Secretary of State shall not approve the form unless the form contains all the information required to be included in a statement of financial disclosure pursuant to NRS 281.571.

      2.  The Secretary of State is not responsible for the costs of producing or distributing a form for filing a statement of financial disclosure pursuant to the provisions of subsection 1.

      3.  A specialized or local ethics committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.

      [3.] 4.  Each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential unless:

 


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ê2013 Statutes of Nevada, Page 3782 (Chapter 551, SB 228)ê

 

an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential unless:

      (a) The public officer or employee acts in contravention of the opinion; or

      (b) The requester discloses the content of the opinion.

      Sec. 45. NRS 281A.480 is hereby amended to read as follows:

      281A.480  1.  In addition to any other penalties provided by law [,] and in accordance with the provisions of section 27.5 of this act, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of this chapter;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.

      2.  In addition to any other penalties provided by law, the Commission may , upon its own motion or upon the motion of the person about whom an opinion was requested pursuant to NRS 281A.440, impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281A.440 against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

      3.  If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization of a financial benefit by the current or former public officer or employee or another person, the Commission may, in addition to any other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  In addition to any other penalties provided by law, if a proceeding results in an opinion that:

      (a) One or more willful violations of this chapter have been committed by a State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission shall:

             (1) If the State Legislator is a member of the Senate, submit the opinion to the Majority Leader of the Senate or, if the Majority Leader of the Senate is the subject of the opinion or the person who requested the opinion, to the President Pro Tempore of the Senate; or

             (2) If the State Legislator is a member of the Assembly, submit the opinion to the Speaker of the Assembly or, if the Speaker of the Assembly is the subject of the opinion or the person who requested the opinion, to the Speaker Pro Tempore of the Assembly.

      (b) One or more willful violations of this chapter have been committed by a state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution, the Commission shall submit the opinion to the Speaker of the Assembly and the Majority Leader of the Senate or, if the Speaker of the Assembly or the Majority Leader of the Senate is the person who requested the opinion, to the Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate, as appropriate.

 


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ê2013 Statutes of Nevada, Page 3783 (Chapter 551, SB 228)ê

 

      (c) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in paragraphs (a) and (b), the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

             (1) May file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed fewer than three willful violations of this chapter.

             (2) Shall file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed three or more willful violations of this chapter.

Ê This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation found in the opinion.

      5.  [An action taken] Notwithstanding any other provision of this chapter, any act or failure to act by a public officer or employee or former public officer or employee relating to this chapter is not a willful violation of [a provision of those sections] this chapter if the public officer or employee establishes by sufficient evidence that : [the public officer or employee satisfied all of the following requirements:]

      (a) The public officer or employee relied in good faith upon the advice of the legal counsel retained by [the] his or her public body [which the public officer represents or by the] , agency or employer ; [of the public employee or upon the manual published by the Commission pursuant to NRS 281A.290;

      (b) The public officer or employee was unable, through no fault of the public officer or employee, to obtain an opinion from the Commission before the action was taken;] and

      [(c)](b) The act or failure to act by the public officer or employee [took action that] was not contrary to a prior published opinion issued by the Commission.

      6.  In addition to any other penalties provided by law, a public employee who commits a willful violation of this chapter is subject to disciplinary proceedings by the employer of the public employee and must be referred for action in accordance to the applicable provisions governing the employment of the public employee.

      7.  The provisions of this chapter do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review pursuant to NRS 233B.130.

      9.  A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

 


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ê2013 Statutes of Nevada, Page 3784 (Chapter 551, SB 228)ê

 

      Sec. 46. NRS 281A.500 is hereby amended to read as follows:

      281A.500  1.  On or before the date on which a public officer swears or affirms the oath of office, the public officer must be informed of the statutory ethical standards and the duty to file an acknowledgment of the statutory ethical standards in accordance with this section by:

      (a) For an appointed public officer, the appointing authority of the public officer; and

      (b) For an elected public officer of:

             (1) The county and other political subdivisions within the county except cities, the county clerk;

             (2) The city, the city clerk;

             (3) The Legislative Department of the State Government, the Director of the Legislative Counsel Bureau; and

             (4) The Executive Department of the State Government, the Director of the Department of Administration, or his or her designee.

      2.  Within 30 days after a public employee begins employment:

      (a) The Director of the Department of Administration, or his or her designee, shall provide each new public employee of a state agency with the information prepared by the Commission concerning the statutory ethical standards; and

      (b) The manager of each local agency, or his or her designee, shall provide each new public employee of the local agency with the information prepared by the Commission concerning the statutory ethical standards.

      3.  Each public officer shall acknowledge that the public officer:

      (a) Has received, read and understands the statutory ethical standards; and

      (b) Has a responsibility to inform himself or herself of any amendments to the statutory ethical standards as soon as reasonably practicable after each session of the Legislature.

      [2.] 4.  The acknowledgment must be executed on a form prescribed by the Commission and must be filed with the Commission:

      (a) If the public officer is elected to office at the general election, on or before January 15 of the year following the public officer’s election.

      (b) If the public officer is elected to office at an election other than the general election or is appointed to office, on or before the 30th day following the date on which the public officer [takes] swears or affirms the oath of office.

      [3.] 5.  Except as otherwise provided in this subsection, a public officer shall execute and file the acknowledgment once for each term of office. If the public officer serves at the pleasure of the appointing authority and does not have a definite term of office, the public officer, in addition to executing and filing the acknowledgment after the public officer [takes] swears or affirms the oath of office in accordance with subsection [2,] 4, shall execute and file the acknowledgment on or before January 15 of each even-numbered year while the public officer holds that office.

      [4.] 6.  For the purposes of this section, the acknowledgment is timely filed if, on or before the last day for filing, the acknowledgment is filed in one of the following ways:

      (a) Delivered in person to the principal office of the Commission in Carson City.

 


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      (b) Mailed to the Commission by first-class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is complete upon timely depositing the acknowledgment with the United States Postal Service.

      (c) Dispatched to a third-party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third-party commercial carrier is complete upon timely depositing the acknowledgment with the third-party commercial carrier.

      [5.](d) Transmitted to the Commission by facsimile machine or other electronic means authorized by the Commission. Filing by facsimile machine or other electronic means is complete upon receipt of the transmission by the Commission.

      7.  The form for making the acknowledgment must contain:

      (a) The address of the Internet website of the Commission where a public officer may view the statutory ethical standards and print a [hard] copy [;] of the standards; and

      (b) The telephone number and mailing address of the Commission where a public officer may make a request to obtain a [hard] printed copy of the statutory ethical standards from the Commission.

      [6.] 8.  Whenever the Commission, or any public officer or employee as part of the public officer’s or employee’s official duties, provides a public officer with a [hard] printed copy of the form for making the acknowledgment, a [hard] printed copy of the statutory ethical standards must be included with the form.

      [7.] 9.  The Commission shall retain each acknowledgment filed pursuant to this section for 6 years after the date on which the acknowledgment was filed.

      [8.] 10.  Willful refusal to execute and file the acknowledgment required by this section shall be deemed to be:

      (a) A willful violation of this chapter for the purposes of NRS 281A.480; and

      (b) Nonfeasance in office for the purposes of NRS 283.440 and, if the public officer is removable from office pursuant to NRS 283.440, the Commission may file a complaint in the appropriate court for removal of the public officer pursuant to that section. This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation of this section.

      [9.] 11.  As used in this section, “general election” has the meaning ascribed to it in NRS 293.060.

      Secs. 47-56.5. (Deleted by amendment.)

      Sec. 57. NRS 245.075 is hereby amended to read as follows:

      245.075  1.  Except as otherwise provided in NRS 281.230, 281A.430 [, 281A.530] and 332.800, it is unlawful for any county officer , directly or indirectly, to be interested in any contract made by the county officer or to be a purchaser or [be] interested in any purchase of a sale made by the county officer in the discharge of his or her official duties.

      2.  Any contract made in violation of [subsection 1] this section may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.

 


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ê2013 Statutes of Nevada, Page 3786 (Chapter 551, SB 228)ê

 

      3.  Any person [violating] who violates this section [, directly or indirectly,] is guilty of a gross misdemeanor and shall forfeit his or her office.

      Sec. 58. NRS 268.384 is hereby amended to read as follows:

      268.384  1.  Except as otherwise provided in NRS 281.230, 281A.430 [, 281A.530] and 332.800, it is unlawful for any city officer , directly or indirectly, to be interested in any contract made by the city officer [,] or to be a purchaser or interested [, directly or indirectly,] in any purchase of a sale made by the city officer in the discharge of his or her official duties.

      2.  Any person [violating] who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      Sec. 59. NRS 269.071 is hereby amended to read as follows:

      269.071  1.  [It] Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any member of a town board or board of county commissioners acting for any town to become a contractor under any contract or order for supplies or any other kind of contract authorized by or for the board of which he or she is a member, or to be interested, directly or indirectly, as principal [,] in any kind of contract so authorized.

      2.  Any person [violating subsection 1] who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      Sec. 60. NRS 269.072 is hereby amended to read as follows:

      269.072  1.  [It] Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any town officer, directly or indirectly, to be interested in any contract made by the town officer [,] or to be a purchaser or [be] interested in any purchase under a sale made by the town officer in the discharge of his or her official duties.

      2.  Any person [violating subsection 1] who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      Sec. 61. NRS 332.800 is hereby amended to read as follows:

      332.800  1.  Except as otherwise provided in NRS 281.230 [,] and 281A.430 , [and 281A.530,] a member of the governing body may not be interested, directly or indirectly, in any contract entered into by the governing body, but the governing body may purchase supplies, not to exceed $1,500 in the aggregate in any 1 calendar month , from a member of such governing body [,] when not to do so would be of great inconvenience due to a lack of any other local source.

      2.  An evaluator may not be interested, directly or indirectly, in any contract awarded by such governing body or its authorized representative.

      3.  A member of a governing body who furnishes supplies in the manner permitted by subsection 1 may not vote on the allowance of the claim for such supplies.

      4.  A [violation of] person who violates this section is guilty of a misdemeanor and, in the case of a member of a governing body, a violation is cause for removal from office.

      Sec. 62. NRS 281A.530 is hereby repealed.

      Sec. 63.  1.  Except as otherwise provided in subsection 2, this act becomes effective upon passage and approval.

      2.  Sections 16.3, 16.5, 24.5, 32.3, 40.5, 42.5 and 57 to 62, inclusive, of this act become effective on January 1, 2014.

________

 


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ê2013 Statutes of Nevada, Page 3787ê

 

CHAPTER 552, SB 280

Senate Bill No. 280–Senator Kihuen

 

CHAPTER 552

 

[Approved: June 13, 2013]

 

AN ACT relating to common-interest communities; authorizing the establishment of an impound account for the payment of assessments under certain circumstances; revising provisions governing the collection of past due financial obligations owed to an association; revising provisions governing the foreclosure of an association’s lien by sale; requiring an association to provide a statement concerning certain amounts due to the association under certain circumstances; authorizing an association to charge a fee for such a statement; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a homeowners’ association has a lien on a unit for certain amounts due to the association. (NRS 116.3116) Existing law authorizes the association to foreclose its lien by sale and prescribes the procedures for such a foreclosure. (NRS 116.31162-116.31168)

      Section 7 of this bill authorizes the establishment of an impound account for advance contributions for the payment of assessments. Under section 8 of this bill, not earlier than 60 days after a unit’s owner becomes delinquent on a payment owed to the association and before the association mails a notice of delinquent assessment or takes any other action to collect a past due obligation, the association must mail a notice to the unit’s owner setting forth the fees that may be charged if the unit’s owner fails to pay the past due obligation, a proposed repayment plan and certain information concerning the procedure for requesting a hearing before the executive board.

      Section 11 of this bill authorizes a unit’s owner, the authorized agent of a unit’s owner or the holder of a security interest on the unit to request from the association a statement concerning certain amounts owed to the association. Under section 11, the association may charge certain fees for such a statement. Section 11 also revises provisions governing the resale package provided to a prospective purchaser of a unit and authorizes the association to charge a fee for providing in electronic format certain documents related to the resale package.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6.  (Deleted by amendment.)

      Sec. 7. NRS 116.3116 is hereby amended to read as follows:

      116.3116  1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

 


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ê2013 Statutes of Nevada, Page 3788 (Chapter 552, SB 280)ê

 

in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

Ê The lien is also prior to all security interests described in paragraph (b) to the extent of any charges incurred by the association on a unit pursuant to NRS 116.310312 and to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding institution of an action to enforce the lien, unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      3.  The holder of the security interest described in paragraph (b) of subsection 2 or the holder’s authorized agent may establish an escrow account, loan trust account or other impound account for advance contributions for the payment of assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 if the unit’s owner and the holder of that security interest consent to the establishment of such an account. If such an account is established, payments from the account for assessments for common expenses must be made in accordance with the same due dates as apply to payments of such assessments by a unit’s owner.

      4.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      [4.]5.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

      [5.]6.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due.

 


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ê2013 Statutes of Nevada, Page 3789 (Chapter 552, SB 280)ê

 

      [6.]7.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

      [7.]8.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      [8.]9.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      [9.]10.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

      (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

             (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

             (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      [10.]11.  In an action by an association to collect assessments or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action. The receivership is governed by chapter 32 of NRS. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association’s common expense assessments based on a periodic budget adopted by the association pursuant to NRS 116.3115.

      Sec. 8. NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  Except as otherwise provided in subsection [4,] 5, in a condominium, in a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the association may foreclose its lien by sale after all of the following occur:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

      (b) Not less than 30 days after mailing the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

 


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ê2013 Statutes of Nevada, Page 3790 (Chapter 552, SB 280)ê

 

of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

             (1) Describe the deficiency in payment.

             (2) State the name and address of the person authorized by the association to enforce the lien by sale.

             (3) Contain, in 14-point bold type, the following warning:

 

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

 

      (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days following the recording of the notice of default and election to sell.

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose or, if no one is designated, by the president of the association.

      3.  The period of 90 days begins on the first day following:

      (a) The date on which the notice of default is recorded; or

      (b) The date on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest at his or her address, if known, and at the address of the unit,

Ê whichever date occurs later.

      4.  An association may not mail to a unit’s owner or his or her successor in interest a letter of its intent to mail a notice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless, not earlier than 60 days after the obligation becomes past due, the association mails to the address on file for the unit’s owner:

      (a) A schedule of the fees that may be charged if the unit’s owner fails to pay the past due obligation;

      (b) A proposed repayment plan; and

      (c) A notice of the right to contest the past due obligation at a hearing before the executive board and the procedures for requesting such a hearing.

      5.  The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless:

      (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community; or

      (b) The penalty is imposed for failure to adhere to a schedule required pursuant to NRS 116.310305.

      Sec. 9. NRS 116.311635 is hereby amended to read as follows:

      116.311635  1.  The association or other person conducting the sale shall also, after the expiration of the 90 days and before selling the unit:

      (a) Give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that in lieu of following the procedure for service on a judgment debtor pursuant to NRS 21.130, service must be made on the unit’s owner as follows:

 


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ê2013 Statutes of Nevada, Page 3791 (Chapter 552, SB 280)ê

 

execution, except that in lieu of following the procedure for service on a judgment debtor pursuant to NRS 21.130, service must be made on the unit’s owner as follows:

             (1) A copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest at his or her address, if known, and to the address of the unit; and

             (2) A copy of the notice of sale must be served, on or before the date of first publication or posting, in the manner set forth in subsection 2; and

      (b) Mail, on or before the date of first publication or posting, a copy of the notice by [first-class mail] certified or registered mail, return receipt requested, to:

             (1) Each person entitled to receive a copy of the notice of default and election to sell notice under NRS 116.31163;

             (2) The holder of a recorded security interest or the purchaser of the unit, if either of them has notified the association, before the mailing of the notice of sale, of the existence of the security interest, lease or contract of sale, as applicable; and

             (3) The Ombudsman.

      2.  In addition to the requirements set forth in subsection 1, a copy of the notice of sale must be served:

      (a) By a person who is 18 years of age or older and who is not a party to or interested in the sale by personally delivering a copy of the notice of sale to an occupant of the unit who is of suitable age; or

      (b) By posting a copy of the notice of sale in a conspicuous place on the unit.

      3.  Any copy of the notice of sale required to be served pursuant to this section must include:

      (a) The amount necessary to satisfy the lien as of the date of the proposed sale; and

      (b) The following warning in 14-point bold type:

 

WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT BEFORE THE SALE DATE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL (name and telephone number of the contact person for the association). IF YOU NEED ASSISTANCE, PLEASE CALL THE FORECLOSURE SECTION OF THE OMBUDSMAN’S OFFICE, NEVADA REAL ESTATE DIVISION, AT (toll-free telephone number designated by the Division) IMMEDIATELY.

 

      4.  Proof of service of any copy of the notice of sale required to be served pursuant to this section must consist of:

      (a) A certificate of mailing which evidences that the notice was mailed through the United States Postal Service; or

      (b) An affidavit of service signed by the person who served the notice stating:

             (1) The time of service, manner of service and location of service; and

 


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ê2013 Statutes of Nevada, Page 3792 (Chapter 552, SB 280)ê

 

             (2) The name of the person served or, if the notice was not served on a person, a description of the location where the notice was posted on the unit.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

      (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.

      (b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner. [The statement remains effective for the period specified in the statement, which must not be less than 15 working days from the date of delivery by the association to the unit’s owner or his or her agent. If the association becomes aware of an error in the statement during the period in which the statement is effective but before the consummation of the resale, the association must deliver a replacement statement to the unit’s owner or his or her agent and obtain an acknowledgment in writing by the unit’s owner or his or her agent before that consummation. Unless the unit’s owner or his or her agent receives a replacement statement, the unit’s owner or his or her agent may rely upon the accuracy of the information set forth in a statement provided by the association for the resale.]

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit.

      (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent or mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent.

 


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ê2013 Statutes of Nevada, Page 3793 (Chapter 552, SB 280)ê

 

notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

      3.  Within 10 days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.

      4.  If the association furnishes the documents and certificate pursuant to subsection 3:

      (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

      (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

      (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format [at no charge] to the unit’s owner . [or, if] The association may charge the unit’s owner a fee, not to exceed $20, to provide such documents in electronic format. If the association is unable to provide such documents in electronic format, the association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the purchaser is not liable for the delinquent assessment.

      6.  Upon the request of a unit’s owner or his or her authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

 


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association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

      7.  A unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit may request a statement of demand from the association. Not later than 10 days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement. The association may charge a fee of not more than $150 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 days after receipt of a written request for a statement of demand. The statement of demand:

      (a) Must set forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner; and

      (b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit, whichever is applicable.

      8.  If the association becomes aware of an error in a statement of demand furnished pursuant to subsection 7 during the period in which the statement of demand is effective but before the consummation of a resale for which a resale package was furnished pursuant to subsection 1, the association must deliver a replacement statement of demand to the person who requested the statement of demand. Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of demand provided by the association for the resale. Payment of the amount set forth in the statement of demand constitutes full payment of the amount due from the selling unit’s owner.

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ê2013 Statutes of Nevada, Page 3795ê

 

CHAPTER 553, AB 499

Assembly Bill No. 499–Committee on Judiciary

 

CHAPTER 553

 

[Approved: June 13, 2013]

 

AN ACT relating to statutes; ratifying certain technical corrections made to sections of NRS; correcting the effective dates of certain provisions; correcting and clarifying certain provisions and repealing certain provisions of Statutes of Nevada; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill corrects an error in chapter 504, Statutes of Nevada 2009 (S.B. 394), at page 3076, which provides for the licensing of dealers, manufacturers and lessors of off-highway vehicles. Section 58.8 of S.B. 394, which was added to that bill by chapter 28, Statutes of Nevada 2011 (A.B. 464), at page 125, amended section 28 of S.B. 394 (codified as NRS 490.210), at page 3090, to cause a reference to the social security number of an applicant for such a license to expire by limitation upon the repeal of certain federal requirements relating to the enforcement of child support. However, section 58.8 of S.B. 394 inadvertently failed to cause two related references to section 24 of S.B. 394 (codified as NRS 490.330), at page 3088, which also expires by limitation upon the repeal of those federal requirements, to expire at the same time. To correct this technical error, section 58.8 of S.B. 394 has been revised as necessary to cause those references to section 24 of S.B. 394 to expire by limitation upon the repeal of those federal requirements.

      Section 2 of this bill corrects an error in chapter 100, Statutes of Nevada 2011 (S.B. 74), at page 437. Although S.B. 74 changed the designation of the Fund for Renewable Energy, Energy Efficiency and Energy Conservation Loans to the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, S.B. 74 inadvertently failed to account for NRS 701.565, which defined the term “Fund” for the purposes of the subhead of NRS relating to the former Fund for Renewable Energy, Energy Efficiency and Energy Conservation Loans. To correct this technical error, S.B. 74 has been revised as necessary to repeal NRS 701.565.

      Section 3 of this bill corrects an error in chapter 113, Statutes of Nevada 2011 (A.B. 73), at page 503. Although section 5 of A.B. 73 (codified as NRS 535.035), at page 507, authorizes the State Engineer to enter any land where a dam is situated to carry out his or her duties regarding dams, A.B. 73 inadvertently failed to amend accordingly NRS 535.040, which provides that the performance by the State Engineer of similar duties under other statutes does not constitute a warranty concerning the impounded water. To correct this technical error, A.B. 73 has been revised as necessary to include an appropriate reference to section 5 of A.B. 73 in NRS 535.040.

      Section 4 of this bill corrects errors in chapter 156, Statutes of Nevada 2011 (A.B. 213), at page 714, which provides for the issuance by the Nevada Gaming Commission of a preliminary finding of suitability. In particular:

      1.  Section 2 of A.B. 213, at page 715, which amended subsection 2 of NRS 463.310 to authorize the State Gaming Control Board to initiate a hearing before the Commission to limit, condition, suspend or revoke such a preliminary finding of suitability or to fine a person or entity found preliminarily suitable, inadvertently failed to amend that section to authorize the Commission to take those actions. To correct this technical error, section 2 of A.B. 213 has been amended as necessary to include that authority in the provisions of subsections 4 and 6 of NRS 463.310.

 


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      2.  A.B. 213 inadvertently failed to amend NRS 463.339, which requires an applicant for licensing, registration, a finding of suitability or any other required approval or consent to make a full informational disclosure to the Board and the Commission, to require an applicant for a preliminary finding of suitability to make the same disclosure. A.B. 213 has therefore been revised as necessary to require that disclosure.

      Section 5 of this bill corrects an error in chapter 194, Statutes of Nevada 2011 (S.B. 196), at page 878. S.B. 196, which repealed the prospective expiration of the Program of Empowerment Schools (NRS 386.700-386.780), inadvertently failed to repeal the prospective expiration of certain amendments to the provisions of that Program that are not intended to expire. To correct this technical error, S.B. 196 has been amended as necessary to repeal the prospective expiration of sections 23 and 25 of chapter 422, Statutes of Nevada 2009, at pages 2327 and 2330, respectively, which amended NRS 386.730 and 386.740, respectively.

      Section 6 of this bill corrects an error in chapter 252, Statutes of Nevada 2011 (S.B. 190), at page 1084, which provides for the licensure of music therapists. Section 14 of S.B. 190 (codified as NRS 640D.120), at page 1087, which was included in that bill to comply with certain federal requirements relating to the enforcement of child support and was intended to expire by limitation 2 years after the repeal of those federal requirements, was inadvertently not made to expire. To correct this technical error, section 35 of S.B. 190, at page 1100, which contains the effective dates for the provisions of S.B. 190, has been amended as necessary to cause section 14 of that bill to expire at the appropriate time.

      Section 7 of this bill corrects an error in chapter 273, Statutes of Nevada 2011 (A.B. 289), at page 1497, which provides for the licensure of dietitians. Section 26 of A.B. 289 (codified as NRS 640E.200), at page 1503, which was included in that bill to comply with certain federal requirements relating to the enforcement of child support and was intended to expire by limitation 2 years after the repeal of those federal requirements, was inadvertently not made to expire. To correct this technical error, section 65 of A.B. 289, at page 1522, which contains the effective dates for the provisions of A.B. 289, has been amended as necessary to cause section 26 of that bill to expire at the appropriate time.

      Section 8 of this bill corrects errors in chapter 289, Statutes of Nevada 2011 (A.B. 413), at page 1619. In particular:

      1.  Although NRS 338.515, as amended by section 1 of A.B. 413, at page 1619, sets specific limits on the amounts of retainage which may be withheld by a public body from a contractor on a public works project, A.B. 413 inadvertently failed to amend accordingly NRS 338.525, which authorizes the public body to withhold a reasonable amount to cover the contractor’s failure to comply with the contract or an applicable building code, law or regulation. To correct this technical error, A.B. 413 has been revised as necessary to clarify the application of the specific requirements of NRS 338.515 to the more general provisions of NRS 338.525.

      2.  Although NRS 338.555, as amended by section 3 of A.B. 413, at page 1622, sets specific limits on the amounts of retainage which may be withheld by a contractor from a subcontractor on a public works project, A.B. 413 inadvertently failed to amend accordingly NRS 338.560, which authorizes the contractor to withhold a reasonable amount to cover the subcontractor’s failure to comply with the subcontract or an applicable building code, law or regulation. To correct this technical error, A.B. 413 has been revised as necessary to clarify the application of the specific requirements of NRS 338.555 to the more general provisions of NRS 338.560.

      3.  Although NRS 338.595, as amended by section 5 of A.B. 413, at page 1623, sets specific limits on the amounts of retainage which may be withheld by a subcontractor from another subcontractor or a supplier on a public works project, A.B. 413 inadvertently failed to amend accordingly NRS 338.600, which authorizes the subcontractor to withhold a reasonable amount to cover the other subcontractor’s or supplier’s failure to comply with the subcontract or an applicable building code, law or regulation. To correct this technical error, A.B. 413 has been revised as necessary to clarify the application of the specific requirements of NRS 338.595 to the more general provisions of NRS 338.600.

 


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      Section 9 of this bill corrects an error in chapter 309, Statutes of Nevada 2011 (A.B. 452), at page 1697. Sections 28 and 29 of A.B. 452, at pages 1728 and 1729, respectively, amended former NRS 281A.600 and 281A.610 (now NRS 281.559 and 281.561), respectively, to require certain public officers and candidates for public office to file statements of financial disclosure electronically. Although section 23 of A.B. 452 (codified as NRS 281.572), at page 1725, exempts under certain conditions some of those public officers and candidates from the requirement for electronic filing and allow them to file those statements by alternate means, A.B. 452 inadvertently failed to amend accordingly former NRS 281A.660 (now NRS 281.581), which authorizes the imposition of a civil penalty for a failure to file such a statement in a timely manner, to account for the alternate filing provisions of section 23 of that bill. To correct this technical error, A.B. 452 has been amended as necessary to include references to section 23 of A.B. 452 in former NRS 281A.660.

      Section 10 of this bill corrects an error in the amendment of NRS 40.495 by section 5.5 of chapter 311, Statutes of Nevada 2011 (A.B. 273), at page 1743. NRS 40.495 sets forth various rights of a guarantor, surety or other obligor on a debt secured by a mortgage or deed of trust on real property, other than the mortgagor or grantor of the deed of trust. Although sections 1.2-3.3 of A.B. 273 (codified as NRS 40.4631-40.4639), at pages 1742 and 1743, establish certain limitations on actions by the holders of junior mortgages or liens on real property after a foreclosure sale of the property or a sale of the property in lieu of a foreclosure sale, section 5.5 of A.B. 273 inadvertently failed to clarify the right of a guarantor, surety or other obligee to enforce those limitations. To correct this technical error, section 5.5 of A.B. 273 has been revised as necessary to include a reference to sections 1.2-3.3 of A.B. 273 in subsection 3 of NRS 40.495.

      Section 11 of this bill corrects an error in the amendment of NRS 31.296 by section 12 of chapter 338, Statutes of Nevada 2011 (A.B. 223), at page 1907. NRS 31.296 consists of provisions relating to the garnishment of earnings to enforce a judgment. Section 12 of A.B. 223, which amended NRS 31.296 to require the judgment creditor to provide certain periodic reports to the judgment debtor, the sheriff and each garnishee, inadvertently included an erroneous reference to the issuance of a writ of attachment. To correct this technical error, section 12 of A.B. 223 has been revised as necessary to refer to the issuance of a writ of garnishment.

      Section 12 of this bill corrects errors in chapter 343, Statutes of Nevada 2011 (A.B. 100), at page 1916, which enacted the Uniformed Military and Overseas Absentee Voters Act (codified as chapter 293D of NRS). In particular:

      1.  Section 42 of A.B. 100, at page 1929, amended NRS 293C.322 to account for the repeal by section 45 of A.B. 100, at page 1931, of former NRS 293C.315, which was superseded by the provisions of chapter 293D of NRS. However, section 42 of A.B. 100 inadvertently failed to replace the superseded reference to NRS 293C.315 contained in subsection 4 of NRS 293C.322 with a needed reference to sections 2-29 of A.B. 100 (codified as chapter 293D of NRS). Section 42 of A.B. 100 has therefore been revised as necessary to correct this technical error.

      2.  Section 45 of A.B. 100 also repealed former NRS 293.3157, which was also superseded by the provisions of chapter 293D of NRS. However, A.B. 100 inadvertently failed to account for section 23 of chapter 501, Statutes of Nevada 2011 (A.B. 81), at page 3281, which amended NRS 293.333 to incorporate two references to NRS 293.3157. To correct this technical error, section 45 of A.B. 100 has been amended as necessary to repeal section 23 of A.B. 81.

      Section 13 of this bill corrects an error in section 10 of chapter 353, Statutes of Nevada 2011 (A.B. 362), at page 1995, the source of NRS 432A.640. Section 10 of A.B. 362, which requires a local government that operates an out-of-school recreation program to provide copies of the reports of certain inspections, inadvertently failed to clarify that the reports were to be provided to the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services. To correct this technical error, section 10 of A.B. 362 has been revised as necessary to provide that clarification. In accordance with the provisions of chapter 261, Statutes of Nevada 2011 (S.B. 430), at page 1365, which transferred the duties of the Bureau of Services for Child Care to the Health Division of the Department, all of the references to the Bureau set forth in section 10 of A.B. 362 were changed during the codification of NRS 432A.640 to refer to the Health Division.

 


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ê2013 Statutes of Nevada, Page 3798 (Chapter 553, AB 499)ê

 

of the Bureau of Services for Child Care to the Health Division of the Department, all of the references to the Bureau set forth in section 10 of A.B. 362 were changed during the codification of NRS 432A.640 to refer to the Health Division.

      Section 14 of this bill corrects an error in the amendment of NRS 294A.365 by section 65 of chapter 365, Statutes of Nevada 2011 (A.B. 82), at page 2120. Although NRS 294A.220 requires committees for political action to report certain expenditures in excess of $1,000, section 65 of A.B. 82 inadvertently deleted from NRS 294A.365, which sets forth the requirements for the contents of such a report, a pertinent reference to expenditures in excess of that amount. To correct this technical error, section 65 of A.B. 82 has been revised as necessary to restore that reference.

      Section 15 of this bill corrects an error in the amendment of NRS 391.317 by section 5 of chapter 378, Statutes of Nevada 2011 (A.B. 225), at page 2260. Section 5 of A.B. 225, which authorizes a teacher or administrator of a school district to request an expedited arbitration hearing if he or she is deemed to be a probationary employee pursuant to section 1 of that bill (codified as NRS 391.3129), at page 2258, and receives notice that he or she will be dismissed before the completion of the current school year, inadvertently included an inappropriate reference to subsection 1 of NRS 391.317. To correct this technical error, section 5 of A.B. 225 has been revised as necessary to remove that inappropriate reference.

      Section 16 of this bill corrects an error in section 21 of chapter 379, Statutes of Nevada 2011 (A.B. 229), at page 2298. Section 21 of A.B. 229, which was intended to limit the applicability of certain provisions of that bill during the 2011-2013 biennium to certain newly hired teachers and administrators of a school district, inadvertently failed to indicate the inapplicability of those provisions during that biennium to the other licensed employees of a school district. To correct this technical error, section 21 of A.B. 229 has been revised as necessary to clarify that those provisions do not apply to those other licensed employees during that biennium.

      Section 17 of this bill corrects errors in chapter 412, Statutes of Nevada 2011 (A.B. 380), at page 2557. In particular:

      1.  Section 47 of A.B. 380, at page 2561, which amended NRS 338.1908, inadvertently failed to account for a reference in that section to NRS 338.1907, which expires by limitation on May 1, 2013. To correct this technical error, A.B. 380 has been revised as necessary to cause the repeal of that reference on that date.

      2.  Section 49 of A.B. 380, at page 2562, which includes provisions extending the prospective expiration of the Wind Energy Systems Demonstration Program (NRS 701B.400-701B.650) from June 30, 2011, until December 31, 2021, inadvertently failed to extend the prospective expiration of NRS 701B.540, a definition included in the provisions of that Program. To correct this technical error, section 49 of A.B. 380 has been revised as necessary to extend accordingly the prospective expiration of NRS 701B.540.

      3.  Section 51 of A.B. 380, at page 2563, which amended section 21 of chapter 321, Statutes of Nevada 2009 (S.B. 358), at page 1410, inadvertently failed to account for the technical corrections to section 21 of S.B. 358 that were previously ratified by the Legislature pursuant to section 9 of chapter 28, Statutes of Nevada 2011 (A.B. 464), at page 93. To correct this technical error, section 51 of A.B. 380 has been revised as necessary to include the technical corrections made by section 9 of A.B. 464.

      4.  Although the provisions of A.B. 380 provide for the prospective expiration of the Solar Energy Systems Incentive Program (NRS 701B.010-701B.290) on December 31, 2021, and similarly extend the prospective expiration of the Wind Energy Systems Demonstration Program (NRS 701B.400-701B.650) and the Waterpower Energy Systems Demonstration Program (NRS 701B.700-701B.880) from June 30, 2011, until December 31, 2021, A.B. 380 inadvertently failed to revise accordingly the superseded provisions of chapter 347, Statutes of Nevada 2011 (A.B. 359), at page 1939, which would have extended the prospective expiration of the Waterpower Energy Systems Demonstration Program until June 30, 2016. To correct this technical error, A.B. 380 has been revised as necessary to amend or repeal, as appropriate, those superseded provisions of A.B. 359 in such a manner as to provide for the prospective expiration of that Program on December 31, 2021.

 


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ê2013 Statutes of Nevada, Page 3799 (Chapter 553, AB 499)ê

 

      Section 18 of this bill corrects an error in section 3 of chapter 444, Statutes of Nevada 2011 (S.B. 371), at page 2670, the source of NRS 432B.4684. Subsection 3 of section 3 of S.B. 371, which contains a list of the persons who may be nominated for appointment and appointed by the court pursuant to NRS 432B.4685 as a person who is legally responsible for the psychiatric care of a child, inadvertently included a flush line that would have required the court appointment of such a person prior to their nomination for that appointment by an agency which provides child welfare services. To correct this technical error, section 3 of S.B. 371 has been revised as necessary to delete that erroneous flush line.

      Section 19 of this bill corrects an error in the amendment of NRS 362.120 by sections 12.5 and 12.7 of chapter 449, Statutes of Nevada 2011 (S.B. 493), at pages 2694 and 2696, respectively. Although section 12 of S.B. 493 (codified as NRS 514A.110), at page 2694, requires the review only by the Mining Oversight and Accountability Commission of certain regulations adopted by the Nevada Tax Commission before the approval of those regulations by the Legislative Commission, sections 12.5 and 12.7 of S.B. 493 inadvertently included a provision that referred to the approval of such a regulation by the Mining Oversight and Accountability Commission. Sections 12.5 and 12.7 of S.B 493 have therefore been revised as necessary to delete that erroneous provision.

      Section 20 of this bill corrects an error in chapter 456, Statutes of Nevada 2011 (S.B. 314), at page 2817, which provides for the registration of asset management companies and the issuance of permits to engage in asset management. Section 26 of S.B. 314 (codified as NRS 645H.550), at page 2824, which was included in that bill to comply with certain federal requirements relating to the enforcement of child support and was intended to expire by limitation 2 years after the repeal of those federal requirements, was inadvertently not made to expire. To correct this technical error, section 37 of S.B. 314, at page 2834, which contains the effective dates for the provisions of S.B. 314, has been amended as necessary to cause section 26 of that bill to expire at the appropriate time.

      Section 21 of this bill corrects errors in chapter 479, Statutes of Nevada 2011 (S.B. 427), at page 2935. In particular:

      1.  Section 17 of S.B. 427, at page 2940, which amended NRS 231.260 to provide for the transfer of duties relating to the Division of Tourism from the former Commission on Tourism to the new Department of Tourism and Cultural Affairs, inadvertently included an inappropriate amendment to a population reference which is unrelated to that transfer of duties. To correct this technical error, section 17 of S.B. 427 has been revised as necessary to delete that inappropriate amendment. In addition, two references in that section to “the Division” have been revised to clarify that the term refers to “the Division of Tourism.”

      2.  Section 52 of S.B. 427, at page 2949, which amended NRS 242.080 to provide for the elimination of the former Department of Information Technology and its replacement by the new Division of Enterprise Information Technology Services of the Department of Administration, inadvertently redesignated the former Communication and Computing Division of that eliminated Department as the Communication and Computing Unit of the new Division of Enterprise Information Technology Services without accordingly redesignating two sub-parts of that Unit. To correct this technical error, section 52 of S.B. 427 has been revised as necessary to redesignate the former Communications Unit and Telecommunications Unit of the former Communication and Computing Division as the new Communications Group and Telecommunications Group, respectively, of the new Communication and Computing Unit. In accordance with this correction, sections 35 and 37 of S.B. 427, at page 2945, which amended the definitions set forth in NRS 233F.045 and 233F.065, respectively, have been revised as necessary to change the respective definitions of “Communications Unit” and “Telecommunications Unit” to “Communications Group” and “Telecommunications Group.”

      3.  Although section 60 of S.B. 427, at page 2953, amended NRS 284.025 to replace the former Department of Personnel with the new Division of Human Resource Management of the Department of Administration, section 25 of S.B. 427, at page 2943, amended NRS 232.215 to provide for the appointment of the Administrator of the new Division by the Director of the Department of Administration and section 26 of S.B. 427, at page 2943, amended NRS 232.2165 to place the Administrator in the unclassified service of the State, S.B. 427 inadvertently failed to amend accordingly NRS 284.075, which provided for the appointment and classification of the former Director of the Department of Personnel (now the Administrator of the new Division), to revise those provisions of NRS 284.075 which either repeated or conflicted with the provisions of sections 25 and 26 of S.B. 427.

 


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ê2013 Statutes of Nevada, Page 3800 (Chapter 553, AB 499)ê

 

at page 2943, amended NRS 232.215 to provide for the appointment of the Administrator of the new Division by the Director of the Department of Administration and section 26 of S.B. 427, at page 2943, amended NRS 232.2165 to place the Administrator in the unclassified service of the State, S.B. 427 inadvertently failed to amend accordingly NRS 284.075, which provided for the appointment and classification of the former Director of the Department of Personnel (now the Administrator of the new Division), to revise those provisions of NRS 284.075 which either repeated or conflicted with the provisions of sections 25 and 26 of S.B. 427. S.B. 427 has therefore been revised as necessary to amend NRS 284.075 in conformity with the provisions of those other sections.

      4.  Although section 87 of S.B. 427, at page 2965, amended NRS 341.020 to change the membership of the State Public Works Board from seven appointed members to six appointed members and one ex officio member, S.B. 427 inadvertently failed to clarify the inapplicability to the ex officio member of the provisions of NRS 341.041 and 341.050 regarding the replacement and salary of the members of the Board. S.B. 427 has therefore been revised as necessary to clarify the application of those provisions solely to the appointed members of the Board.

      5.  Although section 140 of S.B. 427, at page 2989, terminated the Account for Local Cultural Activities by repealing NRS 233C.100, S.B. 427 inadvertently failed to repeal accordingly NRS 233C.110, which provided for the expenditure of the money in that Account. Section 140 of S.B. 427 has therefore been revised as necessary to repeal NRS 233C.110.

      Section 22 of this bill corrects an error in the amendment of NRS 386.549 by section 6 of chapter 483, Statutes of Nevada 2011 (A.B. 171), at page 3053. Although an amendment to A.B. 171 during the 2011 Session was intended to cause subsection 1 of NRS 386.549, regarding the membership of the governing body of a charter school, to mirror subsection 1 of NRS 386.520, regarding the membership of a committee to form a charter school, the amendment inadvertently failed to include in paragraph (a) of subsection 1 of NRS 386.549 an intended reference to “a teacher or other person.” To correct this technical error, section 6 of A.B. 171 has been revised as necessary to include that omitted reference.

      Section 23 of this bill corrects errors in chapter 485, Statutes of Nevada 2011 (A.B. 473), at page 3068. In particular:

      1.  Section 9 of A.B. 473, at page 3071, which amended NRS 293.560 to revise the hours of operation of the office of a county clerk during the period for voter registration prior to an election, inadvertently deleted the provisions of subsection 1 of NRS 293.560 prescribing the date upon which registration must close. To correct this technical error, section 9 of A.B. 473 has been revised as necessary to restore the pertinent provisions.

      2.  Section 13 of A.B. 473, at page 3073, which amended NRS 293C.527 to revise the hours of operation of the office of a city clerk during the period for voter registration prior to an election, inadvertently deleted the provisions of subsection 1 of NRS 293C.527 prescribing the date upon which registration must close. To correct this technical error, section 13 of A.B. 473 has been revised as necessary to restore the pertinent provisions.

      Section 24 of this bill corrects errors in chapter 498, Statutes of Nevada 2011 (A.B. 576), at page 3162. In particular:

      1.  Section 54 of A.B. 576, at page 3171, which amended NRS 218A.645 to simplify and clarify the provisions of that section in accordance with the definitions added to chapter 218A of NRS by sections 2-31 of A.B. 576 (codified as NRS 218A.003-218A.090), at pages 3162 and 3163, inadvertently failed to delete from subsection 1 of NRS 218A.645 a reference to “elected or appointed” Legislators that was rendered obsolete by the definition of “Legislator” set forth in NRS 218A.072. To correct this technical error, subsection 1 of NRS 218A.645 has been revised as necessary to delete that obsolete reference. In addition, subsection 2 of NRS 218A.645 has been revised to simplify and clarify the references in that subsection to a presession orientation conference, and subsection 3 of NRS 218A.645 has been revised as necessary to correct a grammatical error in a reference to the per diem allowance authorized by subsection 2 of that section.

 


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ê2013 Statutes of Nevada, Page 3801 (Chapter 553, AB 499)ê

 

revised as necessary to correct a grammatical error in a reference to the per diem allowance authorized by subsection 2 of that section.

      2.  Sections 64 and 65 of A.B. 576, at page 3178, which amended NRS 218A.925 and 218A.930, respectively, to clarify the procedure for the issuance and service of, and a hearing on, a legislative citation of a person for contempt, inadvertently failed to refer consistently to that person as being an “alleged” offender. Sections 64 and 65 of A.B. 576 have therefore been revised as necessary to correct this technical error.

      Section 25 of this bill corrects errors in chapter 501, Statutes of Nevada 2011 (A.B. 81), at page 3268. In particular:

      1.  Section 54 of A.B. 81, at page 3302, inappropriately amended NRS 294A.286, which provides for the establishment of a legal defense fund by a public officer or a candidate for public office, to add a new subsection providing for the use of campaign contributions to pay legal expenses without regard to the establishment of such a legal defense fund. That subsection was therefore moved in codification to a more appropriate section, NRS 294A.160, which contains other provisions regarding the use of campaign contributions. However, sections 29, 56, 59, 61 and 62 of A.B. 81, at pages 3284, 3303, 3304 and 3305, would have added provisions to NRS 293.4687, 294A.350, 294A.373, 294A.390 and 294A.400, respectively, that were dependent on the inappropriate placement of that subsection in NRS 294A.286. To correct this technical error, A.B. 81 has been revised as necessary to remove those dependent provisions.

      2.  Sections 61-63 of A.B. 81, at pages 3305 and 3306, which amended NRS 294A.390, 294A.400 and 294A.420, respectively, inadvertently included references regarding the reports required by section 37 of A.B. 81 (codified as NRS 294A.348), at page 3287, which contains no reporting requirements. To correct this technical error, sections 61-63 of A.B. 81 have been revised as necessary to remove those inappropriate references.

      Section 26 of this bill corrects errors in the amendment of NRS 684A.130, 689.235, 689.520, 692B.070, 692B.190 and 697.180 by sections 23, 45, 47, 59, 60 and 122, respectively, of chapter 506, Statutes of Nevada 2011 (A.B. 74), at pages 3365, 3377, 3380, 3389, 3391 and 3417, respectively. Although the amendments contained in sections 23, 45, 47, 59, 60 and 122 of A.B. 74 were made to expire by limitation upon the repeal of certain federal requirements relating to the enforcement of child support, those amendments are unrelated to those federal requirements and were not intended to expire at that time. To correct this technical error, section 132 of A.B. 74, at page 3424, which contains the effective dates for the provisions of A.B. 74, has been revised as necessary to prevent the expiration of those amendments.

      Section 27 of this bill corrects errors in chapter 530, Statutes of Nevada 2011 (S.B. 271), at page 3710, which provides for the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact under certain circumstances. In particular:

      1.  Section 1.5 of S.B. 271, at page 3711, which amended NRS 277.200 to propose several amendments to the Compact, inadvertently included as part of the existing provisions of the Compact certain amendments proposed in 1997 that have not become effective. To correct this technical error, section 1.5 of S.B. 271 has been revised as necessary to remove those inappropriate provisions.

      2.  Although section 17.7 of S.B. 271, at page 3739, deleted the effective dates for sections 2 and 3 of chapter 311, Statutes of Nevada 1997 (S.B. 24 of 1997), at pages 1147 and 1169, respectively, which provided for certain contingent amendments to the Compact, S.B. 271 inadvertently failed to repeal those sections as intended. To correct this technical error, section 18 of S.B. 271, at page 3740, has been revised as necessary to repeal sections 2 and 3 of S.B. 24 of 1997.

      3.  Section 25 of S.B. 271, at page 3743, which contains the effective dates for the provisions of S.B. 271, will cause this State’s withdrawal from the Compact to occur on October 1, 2015, unless certain designated events occur before that date, or would have caused that withdrawal to occur on October 1, 2017, if the Governor issues a proclamation pursuant to the provisions of section 23.5 of S.B. 271, at page 3742, before October 1, 2015.

 


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3742, before October 1, 2015. However, it was intended that this withdrawal would not occur if the Governor issued that proclamation pursuant to the provisions of section 23.5 of S.B. 271 and those designated events occurred before October 1, 2017. Sections 23.5 and 25 of S.B. 271 have therefore been revised as necessary to clarify those circumstances under which the withdrawal from the Compact would not occur.

      4.  Section 17.3 of S.B. 271, at page 3739, amended section 3 of chapter 22, Statutes of Nevada 1987 (A.B. 5 of 1987), at page 53, to preclude the provisions of A.B. 5 of 1987, which proposed certain contingent amendments to the Compact, from ever becoming effective. Section 18 of S.B. 271, at page 3740, accordingly repealed sections 1 and 2 of chapter 442, Statutes of Nevada 1985 (A.B. 675 of 1985), at pages 1257 and 1258, respectively, which proposed certain contingent amendments to NRS 278.792 that were dependent on the amendments to the Compact proposed by A.B. 5 of 1987. However, although the amendment of section 3 of A.B. 5 of 1987 by section 17.3 of S.B 271 was made to become effective without any contingency, the repeal of sections 1 and 2 of A.B. 675 of 1985 by section 18 of S.B. 271 was inadvertently made to become effective on a contingent basis only. To correct this technical error, section 25 of S.B. 271 has been revised as necessary to cause the repeal of sections 1 and 2 of A.B. 675 of 1985 by subsection 2 of section 18 of S.B. 271 to become effective on the same definite date as the amendment of section 3 of A.B. 5 of 1987 by section 17.3 of S.B. 271.

      Section 28 of this bill corrects errors in several amendments to the Tahoe Regional Planning Compact (codified as NRS 277.200) proposed during past legislative sessions. Although the amendments to the Compact proposed by chapter 22, Statutes of Nevada 1987 (A.B. 5 of 1987), at page 28, were intended to supersede the amendments to the Compact proposed by chapter 224, Statutes of Nevada 1981 (S.B. 347 of 1981), at page 415, as amended by chapter 731, Statutes of Nevada 1981 (S.B. 710 of 1981), at page 1824, and the amendments to the Compact proposed by chapter 450, Statutes of Nevada 1983 (S.B. 441 of 1983), at page 1137, and chapter 274, Statutes of Nevada 1985 (A.B. 433 of 1985), at page 819, those superseded amendments have never been repealed. To correct this technical error, the relevant provisions of S.B. 347 of 1981, S.B. 710 of 1981, S.B. 441 of 1983 and A.B. 433 of 1985 are now being repealed.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 58.8 of chapter 504, Statutes of Nevada 2009, as added by chapter 28, Statutes of Nevada 2011, at page 125, is hereby amended to read as follows:

       Sec. 58.8.  Section 28 of this act is hereby amended to read as follows:

      Sec. 28.  1.  An application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department . [and include the social security number of the applicant.] The forms must designate the persons whose names are required to appear thereon. The applicant must furnish:

      (a) Such proof as the Department may deem necessary that the applicant is an off-highway vehicle dealer, long-term or short-term lessor or manufacturer.

 

 

 


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      (b) A fee of $125.

      (c) A fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of the applicant’s fingerprints and written permission authorizing the Department to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (e) [If the applicant is a natural person, the statement required pursuant to section 24 of this act.

      (f)] A certificate of insurance for liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the Department shall issue to the applicant a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer containing the name of the licensee and the address of his or her established place of business or the address of the main office of a manufacturer without an established place of business in this State.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the Department with an application for renewal of his or her license accompanied by an annual fee of $50. [If the applicant is a natural person, the application for renewal also must be accompanied by the statement required pursuant to section 24 of this act.] The additional fee for the processing of fingerprints, established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the Department and contain information required by the Department.

      Sec. 2. Chapter 100, Statutes of Nevada 2011, at page 452, is hereby amended by adding thereto a new section to be designated as sec. 27.5, immediately following sec. 27, to read as follows:

       Sec. 27.5.  NRS 701.565 is hereby repealed.

      Sec. 3. Chapter 113, Statutes of Nevada 2011, at page 507, is hereby amended by adding thereto a new section to be designated as sec. 5.5, immediately following sec. 5, to read as follows:

       Sec. 5.5.  NRS 535.040 is hereby amended to read as follows:

       535.040  The provisions of NRS 535.010, 535.020 and 535.030 and section 5 of this act and the performance by the State Engineer of the duties of the State Engineer under them do not constitute a warranty in favor of anyone concerning the water to be impounded or diverted.

 


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      Sec. 4.  1.  Section 2 of chapter 156, Statutes of Nevada 2011, at page 715, is hereby amended to read as follows:

       Sec. 2.  NRS 463.310 is hereby amended to read as follows:

       463.310  1.  The Board shall make appropriate investigations:

       (a) To determine whether there has been any violation of this chapter or chapter 462, 464, 465 or 466 of NRS or any regulations adopted thereunder.

       (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.

       (c) To aid in adopting regulations.

       (d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464, 465 or 466 of NRS.

       (e) As directed by the Commission.

       2.  If, after any investigation the Board is satisfied that [a] :

       (a) A license, registration, finding of suitability, preliminary finding of suitability, pari-mutuel license or prior approval by the Commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462, 464 or 466 of NRS should be limited, conditioned, suspended or revoked [, it] ; or

       (b) A person or entity which is licensed, registered, found suitable or found preliminarily suitable pursuant to this chapter or chapter 464 of NRS or which previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be fined,

Ê the Board shall initiate a hearing before the Commission by filing a complaint with the Commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the Board.

       3.  Upon receipt of the complaint of the Board, the Commission shall review [it] the complaint and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.

       4.  After the provisions of subsections 1, 2 and 3 have been complied with, the Commission may:

       (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

       (b) Limit, condition, suspend or revoke any registration, finding of suitability, preliminary finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the Commission;

       (c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on the investment of the licensee in the licensed gaming establishment; and

       (d) Fine each person or entity , or both, [who was] which is licensed, registered , [or] found suitable or found preliminarily suitable pursuant to this chapter or chapter 464 of NRS or [who] which previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:

 


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suitable pursuant to this chapter or chapter 464 of NRS or [who] which previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:

             (1) Not less than $25,000 [nor] and not more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or

             (2) Except as otherwise provided in subparagraph (1) , [of this paragraph,] not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of any subsequent complaint.

Ê All fines must be paid to the State Treasurer for deposit in the State General Fund.

       5.  For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the Commission shall revoke the license of the establishment or person.

       6.  If the Commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, preliminary finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.

       7.  Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the Commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

       8.  Judicial review of any such order or decision of the Commission may be had in accordance with NRS 463.315 to 463.318, inclusive.

      2.  Chapter 156, Statutes of Nevada 2011, at page 716, is hereby amended by adding thereto a new section to be designated as sec. 3, immediately following sec. 2, to read as follows:

       Sec. 3.  NRS 463.339 is hereby amended to read as follows:

       463.339  An applicant for licensing, registration, finding of suitability , preliminary finding of suitability or any approval or consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all information to the Board, Commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry and the operation of charitable lotteries.

 

 


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      Sec. 5. Chapter 194, Statutes of Nevada 2011, at page 879, is hereby amended by adding thereto a new section to be designated as sec. 3.5, immediately following sec. 3, to read as follows:

       Sec. 3.5.  Section 31 of chapter 422, Statutes of Nevada 2009, at page 2339, is hereby amended to read as follows:

      Sec. 31.  1.  This section and sections 6, 9, 10, 11, 13, 15, 16, 17, 20, 22, 24, 26, 28 and 30 of this act become effective on July 1, 2009.

      2.  Sections 1, 2, 3.5 and 18 of this act become effective on July 1, 2009, for the purpose of adopting regulations and on July 1, 2010, for all other purposes.

      3.  Sections 3, 4 to 5.7, inclusive, 7, 8, 12, 14, 14.5, 19, 21, 21.3, 21.7, 23, 25, 25.3, 25.7, 27 and 29 of this act become effective on July 1, 2010.

      [4.  Sections 23 and 25 of this act expire by limitation on June 30, 2011.]

      Sec. 6. Section 35 of chapter 252, Statutes of Nevada 2011, at page 1100, is hereby amended to read as follows:

       Sec. 35.  1.  This section, sections 1 to 32, inclusive, and section 34 of this act become effective:

       (a) Upon passage and approval for the purpose of issuing licenses to qualified applicants; and

       (b) On January 1, 2012, for all other purposes.

       2.  Section 33 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

       3.  Sections 14, 22 and 33 of this act expire by limitation 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 7. Section 65 of chapter 273, Statutes of Nevada 2011, at page 1522, is hereby amended to read as follows:

       Sec. 65.  1.  This section and sections 11 and 63 of this act become effective upon passage and approval.

       2.  Sections 1 to 10, inclusive, 12 to 61, inclusive, 63.5 and 64 of this act become effective on July 1, 2011, for the purpose of adopting regulations and carrying out any other administrative tasks, and on January 1, 2012, for all other purposes.

 


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adopting regulations and carrying out any other administrative tasks, and on January 1, 2012, for all other purposes.

       3.  Section 62 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

       4.  Sections 26, 35 and 62 of this act expire by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 8.  1.  Chapter 289, Statutes of Nevada 2011, at page 1621, is hereby amended by adding thereto a new section to be designated as sec. 1.5, immediately following section 1, to read as follows:

       Sec. 1.5.  NRS 338.525 is hereby amended to read as follows:

       338.525  1.  [A] Except as otherwise provided in NRS 338.515, a public body may, but is not required to, withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the public body reasonably expects to incur as a result of the failure of the contractor to comply with the contract or applicable building code, law or regulation.

       2.  A public body shall, within 20 days after it receives a progress bill or retainage bill from a contractor, give a written notice to the contractor of any amount that will be withheld pursuant to this section. The written notice must set forth:

       (a) The amount of the progress payment or retainage payment that will be withheld from the contractor; and

       (b) A detailed explanation of the reason the public body will withhold that amount, including, without limitation, a specific reference to the provision or section of the contract, or any documents related thereto, or the applicable building code, law or regulation with which the contractor has failed to comply.

Ê The written notice must be signed by an authorized agent of the public body.

       3.  If the public body receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the contractor, the public body shall, after confirming that the condition has been corrected, pay the amount withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.

 


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withheld by the public body within 30 days after the public body receives the next progress bill or retainage bill.

      2.  Section 4 of chapter 289, Statutes of Nevada 2011, at page 1622, is hereby amended to read as follows:

       Sec. 4.  NRS 338.560 is hereby amended to read as follows:

       338.560  1.  [A] Except as otherwise provided in subsection 2 of NRS 338.555, a contractor may withhold from a progress payment or retainage payment an amount sufficient to pay:

       (a) The expenses the contractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

       (b) An amount withheld from payment to the contractor by a public body pursuant to subsection [4] 8 of NRS 338.515 for a claim for wages against the subcontractor.

       2.  A contractor shall, within 10 days after the contractor receives:

       (a) A progress payment or retainage payment from the public body for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or

       (b) A progress bill or retainage bill from his or her subcontractor or supplier,

Ê give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

       3.  The written notice must:

       (a) Set forth:

             (1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and

             (2) A detailed explanation of the reason the contractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which his or her subcontractor or supplier has failed to comply; and

       (b) Be signed by an authorized agent of the contractor.

       4.  The contractor shall pay to his or her subcontractor or supplier the amount withheld by the public body or the contractor within 10 days after:

       (a) The contractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of the subcontractor or supplier; or

       (b) The public body pays to the contractor the amount withheld,

Ê whichever occurs later.

      3.  Chapter 289, Statutes of Nevada 2011, at page 1624, is hereby amended by adding thereto a new section to be designated as sec. 5.5, immediately following sec. 5, to read as follows:

       Sec. 5.5.  NRS 338.600 is hereby amended to read as follows:

       338.600  1.  [A] Except as otherwise provided in NRS 338.595, a subcontractor may withhold from a progress payment or retainage payment an amount sufficient to pay the expenses the subcontractor reasonably expects to incur as a result of the failure of his or her subcontractor or supplier to comply with the subcontract or applicable building code, law or regulation.

 


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       2.  A subcontractor shall, within 10 days after the subcontractor receives:

       (a) A progress payment or retainage payment from a contractor for an amount that is less than the amount set forth in the applicable progress bill or retainage bill; or

       (b) A progress bill or retainage bill from his or her subcontractor or supplier,

Ê give a written notice to his or her subcontractor or supplier of any amount that will be withheld pursuant to this section.

       3.  The written notice must:

       (a) Set forth:

             (1) The amount of the progress payment or retainage payment that will be withheld from his or her subcontractor or supplier; and

             (2) A detailed explanation of the reason the subcontractor will withhold that amount, including, without limitation, a specific reference to the provision or section of the subcontract, or documents related thereto, or applicable building code, law or regulation with which the subcontractor or supplier has failed to comply; and

       (b) Be signed by an authorized agent of the subcontractor.

       4.  The subcontractor shall pay to his or her subcontractor or supplier the amount withheld by the public body, contractor or subcontractor within 10 days after:

       (a) The subcontractor receives a written notice of the correction of the condition that is the reason for the withholding, signed by an authorized agent of his or her subcontractor or supplier; or

       (b) The contractor pays to the subcontractor the amount withheld,

Ê whichever occurs later.

      Sec. 9. Chapter 309, Statutes of Nevada 2011, at page 1732, is hereby amended by adding thereto a new section to be designated as sec. 33.5, immediately following sec. 33, to read as follows:

       Sec. 33.5.  NRS 281A.660 is hereby amended to read as follows:

       281A.660  1.  If the Secretary of State receives information that a candidate for public office or public officer willfully fails to file a statement of financial disclosure or willfully fails to file a statement of financial disclosure in a timely manner pursuant to NRS 281A.600 or 281A.610, or section 23 of this act, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

       2.  Except as otherwise provided in this section, a candidate for public office or public officer who willfully fails to file a statement of financial disclosure or willfully fails to file a statement of financial disclosure in a timely manner pursuant to NRS 281A.600 or 281A.610 or section 23 of this act is subject to a civil penalty and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

       3.  The amount of the civil penalty is:

 


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       (a) If the statement is filed not more than 10 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $25.

       (b) If the statement is filed more than 10 days but not more than 20 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $50.

       (c) If the statement is filed more than 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $100.

       (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 , [or] subsection 1 of NRS 281A.610 [,] or section 23 of this act, $250.

       (e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281A.600 or subsection 1 of NRS 281A.610, or section 23 of this act, $2,000.

       4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State 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.

       5.  As used in this section, “willfully” means intentionally and knowingly.

      Sec. 10. Section 5.5 of chapter 311, Statutes of Nevada 2011, at page 1743, is hereby amended to read as follows:

       Sec. 5.5.  NRS 40.495 is hereby amended to read as follows:

       40.495  1.  The provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or other obligor only after default.

       2.  Except as otherwise provided in subsection [4,] 5, a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, may waive the provisions of NRS 40.430. If a guarantor, surety or other obligor waives the provisions of NRS 40.430, an action for the enforcement of that person’s obligation to pay, satisfy or purchase all or part of an indebtedness or obligation secured by a mortgage or lien upon real property may be maintained separately and independently from:

       (a) An action on the debt;

       (b) The exercise of any power of sale;

       (c) Any action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby; and

       (d) Any other proceeding against a mortgagor or grantor of a deed of trust.

       3.  If the obligee maintains an action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby, the guarantor, surety or other obligor may assert any legal or equitable defenses provided pursuant to the provisions of NRS 40.451 to 40.463, inclusive [.]

 


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legal or equitable defenses provided pursuant to the provisions of NRS 40.451 to 40.463, inclusive [.] , and sections 1.2 to 3.3, inclusive, of this act.

       4.  If, before a foreclosure sale of real property, the obligee commences an action against a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, to enforce an obligation to pay, satisfy or purchase all or part of an indebtedness or obligation secured by a mortgage or lien upon the real property:

       (a) The court must hold a hearing and take evidence presented by either party concerning the fair market value of the property as of the date of the commencement of the action. Notice of such hearing must be served upon all defendants who have appeared in the action and against whom a judgment is sought, or upon their attorneys of record, at least 15 days before the date set for the hearing.

       (b) After the hearing, if the court awards a money judgment against the guarantor, surety or other obligor who is personally liable for the debt, the court must not render judgment for more than:

             (1) The amount by which the amount of the indebtedness exceeds the fair market value of the property as of the date of the commencement of the action; or

             (2) If a foreclosure sale is concluded before a judgment is entered, the amount that is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured,

Ê whichever is the lesser amount.

       5.  The provisions of NRS 40.430 may not be waived by a guarantor, surety or other obligor if the mortgage or lien:

       (a) Secures an indebtedness for which the principal balance of the obligation was never greater than $500,000;

       (b) Secures an indebtedness to a seller of real property for which the obligation was originally extended to the seller for any portion of the purchase price;

       (c) Is secured by real property which is used primarily for the production of farm products as of the date the mortgage or lien upon the real property is created; or

       (d) Is secured by real property upon which:

             (1) The owner maintains the owner’s principal residence;

             (2) There is not more than one residential structure; and

             (3) Not more than four families reside.

       6.  As used in this section, “foreclosure sale” has the meaning ascribed to it in NRS 40.462.

      Sec. 11. Section 12 of chapter 338, Statutes of Nevada 2011, at page 1907, is hereby amended to read as follows:

       Sec. 12.  NRS 31.296 is hereby amended to read as follows:

       31.296  1.  Except as otherwise provided in subsection 3, if the garnishee indicates in the garnishee’s answer to garnishee interrogatories that the garnishee is the employer of the defendant, the writ of garnishment served on the garnishee shall be deemed to continue for 120 days or until the amount demanded in the writ is satisfied, whichever occurs earlier.

 


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       2.  In addition to the fee set forth in NRS 31.270, a garnishee is entitled to a fee from the plaintiff of $3 per pay period, not to exceed $12 per month, for each withholding made of the defendant’s earnings. This subsection does not apply to the first pay period in which the defendant’s earnings are garnished.

       3.  If the defendant’s employment by the garnishee is terminated before the writ of garnishment is satisfied, the garnishee:

       (a) Is liable only for the amount of earned but unpaid, disposable earnings that are subject to garnishment.

       (b) Shall provide the plaintiff or the plaintiff’s attorney with the last known address of the defendant and the name of any new employer of the defendant, if known by the garnishee.

       4.  The judgment creditor who caused the writ of garnishment to issue pursuant to NRS 31.260 shall prepare an accounting and provide a report to the judgment debtor, the sheriff and each garnishee every 120 days which sets forth, without limitation, the amount owed by the judgment debtor, the costs and fees allowed pursuant to NRS 18.160 and any accrued interest and costs on the judgment. The report must advise the judgment debtor of the judgment debtor’s right to request a hearing pursuant to NRS 18.110 to dispute any accrued interest, fee or other charge. The judgment creditor must submit this accounting with each subsequent application for writ made by the judgment creditor concerning the same debt.

      Sec. 12.  1.  Section 42 of chapter 343, Statutes of Nevada 2011, at page 1929, is hereby amended to read as follows:

       Sec. 42.  NRS 293C.322 is hereby amended to read as follows:

       293C.322  1.  Except as otherwise provided in subsection 2 and [NRS 293C.315,] sections 2 to 29, inclusive, of this act, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail, or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot:

       (a) An absent ballot;

       (b) A return envelope;

       (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy; and

       (d) [An identification envelope, if applicable pursuant to NRS 293C.315; and

       (e)] Instructions.

       2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail the absent ballot to the city clerk or submit the absent ballot by facsimile machine.

 


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       3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

       4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and [NRS 293C.315.] sections 2 to 29, inclusive, of this act.

       5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, the registered voter’s precinct or district, the number of the ballot and any remarks the city clerk finds appropriate.

       6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      2.  Section 45 of chapter 343, Statutes of Nevada 2011, at page 1931, is hereby amended to read as follows:

       Sec. 45.  NRS 293.106, 293.3155, 293.3157, 293.501 and 293C.315 and section 23 of chapter 501, Statutes of Nevada 2011, at page 3281, are hereby repealed.

      Sec. 13. Section 10 of chapter 353, Statutes of Nevada 2011, at page 1995, is hereby amended to read as follows:

       Sec. 10.  1.  A local government that operates an out-of-school recreation program shall provide the Bureau with a copy of each report of an inspection conducted by a governmental entity that is authorized to conduct an inspection of the facility where the program is operated, including, without limitation, the report of an inspection by a local building department, a fire department, the State Fire Marshal or a district board of health.

       2.  The Bureau shall establish a schedule for the submission of such reports which requires submission of a report of an on-site inspection once every 2 years and shall provide a checklist to the local government which identifies the reports that must be submitted to the Bureau.

       3.  The Bureau shall not require any additional inspections of the facility of an out-of-school recreation program which complies with the provisions of this section.

      Sec. 14. Section 65 of chapter 365, Statutes of Nevada 2011, at page 2120, is hereby amended to read as follows:

       Sec. 65.  NRS 294A.365 is hereby amended to read as follows:

       294A.365  1.  Each report of expenditures required pursuant to NRS 294A.210, 294A.220 [,] and 294A.280 [and 294A.283] must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the expense or expenditure and the date on which the expense was incurred or the expenditure was made.

       2.  The categories of expense or expenditure for use on the report of expenses or expenditures are:

       (a) Office expenses;

       (b) Expenses related to volunteers;

 


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       (c) Expenses related to travel;

       (d) Expenses related to advertising;

       (e) Expenses related to paid staff;

       (f) Expenses related to consultants;

       (g) Expenses related to polling;

       (h) Expenses related to special events;

       (i) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid; and

       (j) Other miscellaneous expenses.

       3.  Each report of expenses or expenditures described in subsection 1 must list the disposition of any unspent campaign contributions using the categories set forth in subsection 2 of NRS 294A.160 [.] or subsection 4 of NRS 294A.286.

      Sec. 15. Section 5 of chapter 378, Statutes of Nevada 2011, at page 2260, is hereby amended to read as follows:

       Sec. 5.  NRS 391.317 is hereby amended to read as follows:

       391.317  1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendent’s intention to make the recommendation.

       2.  The notice must:

       (a) Inform the licensed employee of the grounds for the recommendation.

       (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer [.] pursuant to NRS 391.315 to 391.3194, inclusive, or if the employee is deemed to be a probationary employee pursuant to section 1 of this act and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.

       (c) Refer to chapter 391 of NRS.

       3.  If an employee who is deemed to be a probationary employee pursuant to section 1 of this act receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.3161, 391.3192 and 391.3193 do not apply.

      Sec. 16. Section 21 of chapter 379, Statutes of Nevada 2011, at page 2298, is hereby amended to read as follows:

       Sec. 21.  The provisions of section 9 of this act, NRS 391.311 to 391.3125, inclusive, as amended by sections 10 to 13, inclusive, of this act, NRS 391.3127, as amended by section 15 of this act, NRS 391.313, as amended by section 17 of this act, NRS 391.317, as amended by section 18 of this act, and NRS 391.3197, as amended by section 19 of this act [, apply to all:

 


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       1.  Teachers] :

       1.  Except as otherwise provided in subsection 2 and notwithstanding the provisions of section 23 of this act, do not apply to any teachers, administrators or other licensed employees of a school district before July 1, 2013.

       2.  Apply on July 1, 2011, to:

       (a) All teachers who are initially employed by a school district on or after July 1, 2011.

       [2.  A]

       (b) Each new employee who is hired by a school district as an administrator on or after July 1, 2011.

       [3.  A]

       (c) Each postprobationary teacher who is employed as an administrator on or after July 1, 2011.

      Sec. 17.  1.  Chapter 412, Statutes of Nevada 2011, at page 2561, is hereby amended by adding thereto a new section to be designated as sec. 46.5, immediately following sec. 46, to read as follows:

       Sec. 46.5.  NRS 338.1908 is hereby amended to read as follows:

       338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

       (a) [Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

       (b)] Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

             (1) The length of time necessary to commence the project.

             (2) The number of workers estimated to be employed on the project.

             (3) The effectiveness of the project in reducing energy consumption.

             (4) The estimated cost of the project.

             (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

             (6) Whether the project has qualified for participation in one or more of the following programs:

                   (I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

                   (II) The Renewable Energy School Pilot Program created by NRS 701B.350;

                   (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                   (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

       [(c)](b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

 


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       2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

       3.  As used in this section:

       (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 12 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

       (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

             (1) Biomass;

             (2) Fuel cells;

             (3) Geothermal energy;

             (4) Solar energy;

             (5) Waterpower; and

             (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

       (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      2.  Section 47 of chapter 412, Statutes of Nevada 2011, at page 2561, is hereby amended to read as follows:

       Sec. 47.  NRS 338.1908 is hereby amended to read as follows:

       338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

       (a) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

             (1) The length of time necessary to commence the project.

             (2) The number of workers estimated to be employed on the project.

             (3) The effectiveness of the project in reducing energy consumption.

             (4) The estimated cost of the project.

             (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

             (6) Whether the project has qualified for participation in [one or more of the following programs:

                   (I)The Solar Energy Systems Incentive Program created by NRS 701B.240;

                   (II)The] the Renewable Energy School Pilot Program created by NRS 701B.350 . [;

                   (III)The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                   (IV)The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.]

 


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       (b) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

       2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

       3.  As used in this section:

       (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 12 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

       (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

             (1) Biomass;

             (2) Fuel cells;

             (3) Geothermal energy;

             (4) Solar energy;

             (5) Waterpower; and

             (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

       (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

      3.  Section 49 of chapter 412, Statutes of Nevada 2011, at page 2562, is hereby amended to read as follows:

       Sec. 49.  Section 113 of chapter 509, Statutes of Nevada 2007, at page 2999, is hereby amended to read as follows:

      Sec. 113.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

      (b) For all other purposes besides those described in paragraph (a):

            (1) For this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.

            (2) For sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.

            (3) For sections 62 to 106, inclusive, of this act, on October 1, 2007.

            (4) For sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.

            (5) For section 48 of this act, on January 1, 2010.

            (6) For section 50 of this act, on January 1, 2011.

      2.  Sections 62 to [106,] 75, inclusive, 76 to 82, inclusive, 85 to 94, inclusive, and 95 to 105, inclusive, of this act expire by limitation on [June 30, 2011.] December 31, 2021.

 


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      4.  Section 51 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 51.  Section 21 of chapter 321, Statutes of Nevada 2009, as amended by section 9 of chapter 28, Statutes of Nevada 2011, at page [1410,] 93, is hereby amended to read as follows:

      Sec. 21.  1.  This section and sections 1 to 1.51, inclusive, 1.55 to 19.7, inclusive, and 19.9 to 20.9, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.85, 1.87, 1.92, 1.93, 1.95 and 4.3 to 9, inclusive, of this act expire by limitation on [June 30, 2011.

      3.  Sections 1.53 and 19.8 of this act become effective on July 1, 2011.] December 31, 2021.

      5.  Chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended by adding thereto a new section to be designated as sec. 51.5, immediately following sec. 51, to read as follows:

       Sec. 51.5.  Section 12 of chapter 347, Statutes of Nevada 2011, at page 1944, is hereby amended to read as follows:

      Sec. 12.  1.  This section and sections [9, 10 and 11 of this act become effective upon passage and approval.

      2.  Sections] 1 to 8.5, inclusive, of this act become effective on July 1, 2011.

      [3.]2.  Sections 1 and 2 of this act expire by limitation on [June 30, 2016.] December 31, 2021.

      6.  Section 52 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 52.  1.  NRS 701B.010, 701B.020, 701B.030, 701B.040, 701B.050, 701B.055, 701B.060, 701B.070, 701B.080, 701B.090, 701B.100, 701B.110, 701B.120, 701B.130, 701B.140, 701B.150, 701B.160, 701B.170, 701B.180, 701B.200, 701B.210, 701B.220, 701B.230, 701B.240, 701B.250, 701B.255, 701B.260, 701B.265, 701B.280 and 701B.290 are hereby repealed.

       2.  Sections 1.53 and 19.8 of chapter 321, Statutes of Nevada 2009, at pages 1372 and 1408, respectively, and sections 9, 10 and 11 of chapter 347, Statutes of Nevada 2011, at page 1944, are hereby repealed.

      7.  Section 54 of chapter 412, Statutes of Nevada 2011, at page 2563, is hereby amended to read as follows:

       Sec. 54.  1.  This section and sections 1, 3 to 42, inclusive, 44, 45, 46, 48 to [51,] 51.5, inclusive, subsection 2 of section 52 and section 53 of this act become effective upon passage and approval.

       2.  Section 46.5 of this act becomes effective on May 1, 2013.

       3.  Sections 2, 43, 47 and subsection 1 of section 52 of this act become effective on January 1, 2022.

      Sec. 18. Section 3 of chapter 444, Statutes of Nevada 2011, at page 2670, is hereby amended to read as follows:

       Sec. 3.  1.  If a child who is in the custody of an agency which provides child welfare services has a prescription for a psychotropic medication upon entering the custody of the agency or if the agency determines that a child may be in need of psychiatric care, the agency shall nominate, pending appointment by a court pursuant to section 7 of this act, a person who is legally responsible for the psychiatric care of the child. A person nominated pursuant to this subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to section 7 of this act.

 


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subsection shall be deemed to be the person who is legally responsible for the psychiatric care of the child pending approval by a court pursuant to section 7 of this act.

       2.  Upon nominating a person who is legally responsible for the psychiatric care of a child pursuant to this section, the agency which provides child welfare services shall petition the court with jurisdiction over the child for the appointment of the nominee as the person who is legally responsible for the psychiatric care of the child. A petition filed pursuant to this subsection may be heard by the court at the next hearing of the court conducted pursuant to NRS 432B.410 to 432B.590, inclusive, and section 7 of this act or at a hearing for the express purpose of appointing a person pursuant to section 7 of this act.

       3.  The person who is legally responsible for the psychiatric care of a child may be a parent or legal guardian of the child or, if a parent or legal guardian of the child is not able or willing to act as the person who is legally responsible for the psychiatric care of the child:

       (a)The attorney for the child;

       (b)The guardian ad litem of the child;

       (c)The foster parent or other provider of substitute care for the child;

       (d)An employee of the agency which provides child welfare services; or

       (e)Any other person who a court determines is qualified to carry out the duties and responsibilities prescribed by NRS 432B.197 and sections 2 to 6, inclusive, of this act and any policies adopted pursuant thereto.

      Sec. 19.  1.  Section 12.5 of chapter 449, Statutes of Nevada 2011, at page 2694, is hereby amended to read as follows:

       Sec. 12.5.  NRS 362.120 is hereby amended to read as follows:

       362.120  1.  The Department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the calendar year immediately preceding the year in which the statement is filed.

       2.  The gross yield must include the value of any mineral extracted which was:

       (a) Sold;

       (b) Exchanged for any thing or service;

       (c) Removed from the State in a form ready for use or sale; or

       (d) Used in a manufacturing process or in providing a service,

Ê during that period.

       3.  The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

       (a) The actual cost of extracting the mineral [.] , which is limited to direct costs for activities performed in the State of Nevada.

       (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

       (c) The actual cost of reduction, refining and sale.

 


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       (d) The actual cost of [marketing and] delivering the mineral . [and the conversion of the mineral into money.]

       (e) The actual cost of maintenance and repairs of:

             (1) All machinery, equipment, apparatus and facilities used in the mine.

             (2) All milling, refining, smelting and reduction works, plants and facilities.

             (3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

       (f) [The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e).

       (g)] Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

       [(h) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees.

       (i)](g) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

       [(j)](h) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

       (i) The costs of Nevada-based corporate services relating to paragraphs (e) to (h), inclusive.

       (j) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit [.

       (k)], which is limited to work that is necessary to the operation of the mine or group of mines.

       (k) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

       (l) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

       4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

       5.  Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department.

 


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the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

       6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

       (a) The working of the mine;

       (b) The operating of the mill, smelter or reduction works;

       (c) The operating of the facilities or equipment for transportation;

       (d) Superintending the management of any of those operations; [or]

       (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations [.] ; or

       (f) Nevada-based corporate services.

       7.  The following expenses are specifically excluded from any deductions from the gross yield:

       (a) The costs of employee housing.

       (b) Except as otherwise provided in paragraph (h) of subsection 3, the costs of employee travel.

       (c) The costs of severing the employment of any employees.

       (d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

       (e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

       (f) The costs of mineral exploration.

       (g) Any federal, state or local taxes.

       8.  As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

      2.  Section 12.7 of chapter 449, Statutes of Nevada 2011, at page 2696, is hereby amended to read as follows:

       Sec. 12.7.  NRS 362.120 is hereby amended to read as follows:

       362.120  1.  The Department shall, from the statement filed pursuant to NRS 362.110 and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of the calendar year immediately preceding the year in which the statement is filed.

       2.  The gross yield must include the value of any mineral extracted which was:

       (a) Sold;

       (b) Exchanged for any thing or service;

       (c) Removed from the State in a form ready for use or sale; or

       (d) Used in a manufacturing process or in providing a service,

Ê during that period.

 


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       3.  The net proceeds are ascertained and determined by subtracting from the gross yield the following deductions for costs incurred during that period, and none other:

       (a) The actual cost of extracting the mineral, which is limited to direct costs for activities performed in the State of Nevada.

       (b) The actual cost of transporting the mineral to the place or places of reduction, refining and sale.

       (c) The actual cost of reduction, refining and sale.

       (d) The actual cost of delivering the mineral.

       (e) The actual cost of maintenance and repairs of:

             (1) All machinery, equipment, apparatus and facilities used in the mine.

             (2) All milling, refining, smelting and reduction works, plants and facilities.

             (3) All facilities and equipment for transportation except those that are under the jurisdiction of the Public Utilities Commission of Nevada or the Nevada Transportation Authority.

       (f) Depreciation of the original capitalized cost of the machinery, equipment, apparatus, works, plants and facilities mentioned in paragraph (e). The annual depreciation charge consists of amortization of the original cost in a manner prescribed by regulation of the Nevada Tax Commission. The probable life of the property represented by the original cost must be considered in computing the depreciation charge.

       (g) All money expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for employees actually engaged in mining operations within the State of Nevada.

       (h) All money paid as contributions or payments under the unemployment compensation law of the State of Nevada, as contained in chapter 612 of NRS, all money paid as contributions under the Social Security Act of the Federal Government, and all money paid to either the State of Nevada or the Federal Government under any amendment to either or both of the statutes mentioned in this paragraph.

       [(h)](i) The costs of employee travel which occurs within the State of Nevada and which is directly related to mining operations within the State of Nevada.

       [(i)](j) The costs of Nevada-based corporate services relating to paragraphs (e) to [(h),] (i), inclusive.

       [(j)](k) The actual cost of developmental work in or about the mine or upon a group of mines when operated as a unit, which is limited to work that is necessary to the operation of the mine or group of mines.

       [(k)](l) The costs of reclamation work in the years the reclamation work occurred, including, without limitation, costs associated with the remediation of a site.

       [(l)](m) All money paid as royalties by a lessee or sublessee of a mine or well, or by both, in determining the net proceeds of the lessee or sublessee, or both.

 


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       4.  Royalties deducted by a lessee or sublessee constitute part of the net proceeds of the minerals extracted, upon which a tax must be levied against the person to whom the royalty has been paid.

       5.  Every person acquiring property in the State of Nevada to engage in the extraction of minerals and who incurs any of the expenses mentioned in subsection 3 shall report those expenses and the recipient of any royalty to the Department on forms provided by the Department. The Department shall report annually to the Mining Oversight and Accountability Commission the expenses and deductions of each mining operation in the State of Nevada.

       6.  The several deductions mentioned in subsection 3 do not include any expenditures for salaries, or any portion of salaries, of any person not actually engaged in:

       (a) The working of the mine;

       (b) The operating of the mill, smelter or reduction works;

       (c) The operating of the facilities or equipment for transportation;

       (d) Superintending the management of any of those operations;

       (e) The State of Nevada, in office, clerical or engineering work necessary or proper in connection with any of those operations; or

       (f) Nevada-based corporate services.

       7.  The following expenses are specifically excluded from any deductions from the gross yield:

       (a) The costs of employee housing.

       (b) Except as otherwise provided in paragraph [(h)] (i) of subsection 3, the costs of employee travel.

       (c) The costs of severing the employment of any employees.

       (d) Any dues paid to a third-party organization or trade association to promote or advertise a product.

       (e) Expenses relating to governmental relations or to compensate a natural person or entity to influence legislative decisions.

       (f) The costs of mineral exploration.

       (g) Any federal, state or local taxes.

       8.  As used in this section, “Nevada-based corporate services” means corporate services which are performed in the State of Nevada from an office located in this State and which directly support mining operations in this State, including, without limitation, accounting functions relating to mining operations at a mine site in this State such as payroll, accounts payable, production reporting, cost reporting, state and local tax reporting and recordkeeping concerning property.

      Sec. 20. Section 37 of chapter 456, Statutes of Nevada 2011, at page 2834, is hereby amended to read as follows:

       Sec. 37.  1.  This section, sections 1 to 34, inclusive, and section 36 of this act become effective:

       (a) Upon passage and approval for the purpose of adopting regulations and performing any preliminary administrative tasks that are necessary to carry out the provisions of this act; and

       (b) On October 1, 2011, for all other purposes.

       2.  Section 35 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

 


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procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment of the support of one or more children,

Ê are repealed by the Congress of the United States.

       3.  Sections 26, 30 and 35 of this act expire by limitation 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      Sec. 21.  1.  Section 17 of chapter 479, Statutes of Nevada 2011, at page 2940, is hereby amended to read as follows:

       Sec. 17.  NRS 231.260 is hereby amended to read as follows:

       231.260  The [Commission on Tourism,] Department, through [its] the Division of Tourism, shall:

       1.  Promote this State so as to increase the number of domestic and international tourists.

       2.  Promote special events and exhibitions 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.

Ê 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 50,000, the [Commission] Division of Tourism 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.

 


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the State. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the [Commission.] Division of Tourism.

       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.

       10.  Publish or cause to be published a magazine to be known as the Nevada Magazine. The Nevada Magazine must contain materials which educate the general public about this State and thereby foster awareness and appreciation of Nevada’s heritage, culture, historical monuments, natural wonders and natural resources.

      2.  Section 35 of chapter 479, Statutes of Nevada 2011, at page 2945, is hereby amended to read as follows:

       Sec. 35.  NRS 233F.045 is hereby amended to read as follows:

       233F.045  “Communications [Unit”] Group” means the Communications [Unit] Group of the Communication and Computing [Division] Unit of the [Department.] Division.

      3.  Section 37 of chapter 479, Statutes of Nevada 2011, at page 2945, is hereby amended to read as follows:

       Sec. 37.  NRS 233F.065 is hereby amended to read as follows:

       233F.065  “Telecommunications [Unit”] Group” means the Telecommunications [Unit] Group of the Communication and Computing [Division] Unit of the [Department.] Division.

      4.  Section 52 of chapter 479, Statutes of Nevada 2011, at page 2949, is hereby amended to read as follows:

       Sec. 52.  NRS 242.080 is hereby amended to read as follows:

       242.080  1.  The Division of Enterprise Information Technology Services of the Department [of Information Technology] is hereby created.

       2.  The [Department] Division consists of the [Director] Administrator and the:

       (a) [Programming Division.] Enterprise Application Services Unit.

       (b) Communication and Computing [Division.] Unit.

       (c) Office of Information Security.

       3.  A Communications [Unit] Group and a Telecommunications [Unit] Group are hereby created within the Communication and Computing [Division] Unit of the [Department.] Division.

      5.  Chapter 479, Statutes of Nevada 2011, at page 2953, is hereby amended by adding thereto a new section to be designated as sec. 61.5, immediately following sec. 61, to read as follows:

       Sec. 61.5.  NRS 284.075 is hereby amended to read as follows:

       284.075  The [Director:] Administrator:

       1.  [Must be appointed by, is responsible to and serves at the pleasure of the Governor.

 


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       2.  Is in the unclassified service of the State.

       3.]  Shall not engage in any other gainful employment or occupation.

       [4.]2.  Must be selected with special reference to the person’s training, experience, capacity and interest in the field of personnel administration. The knowledge and abilities of the person selected as the [Director] Administrator should include:

       (a) A comprehensive knowledge of the principles and practices of personnel administration.

       (b) A working knowledge of job and salary classification methods.

       (c) An extensive knowledge of the organization and operations of state departments, agencies and institutions, and of statutes and regulations concerning government personnel.

       (d) An extensive knowledge of principles of public organization and administration.

       (e) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with personnel.

       (f) Ability to organize and present clearly oral and written reports of findings and recommendations.

       [5.]3.  Must have progressively responsible experience in personnel administration in an amount to be determined by the Commission and have been graduated from an accredited 4-year college or university, or have an equivalent combination of experience in personnel administration or training, substituting 2 years of experience for 1 year of training.

      6.  Chapter 479, Statutes of Nevada 2011, at page 2965, is hereby amended by adding thereto new sections to be designated as secs. 87.3 and 87.5, respectively, immediately following sec. 87, to read as follows:

       Sec. 87.3.  NRS 341.041 is hereby amended to read as follows:

       341.041  1.  If [a] an appointed member of the Board fails to attend three successive meetings of the Board, the Board shall provide notice of that fact, in writing, to the appointing authority who appointed that member.

       2.  The notice must be provided to the appointing authority within 5 days after the third successive meeting that the member fails to attend.

       3.  Upon receipt of the notice, the appointing authority may appoint a person to replace the member in the same manner as filling a vacancy on the Board.

       Sec. 87.5.  NRS 341.050 is hereby amended to read as follows:

       341.050  1.  Each appointed member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.

       2.  Except as otherwise provided in this subsection, while engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the Board, to the extent such money is available.

 


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diem allowances and travel expenses must be paid from money appropriated for the use of the Board, to the extent such money is available.

      7.  Section 140 of chapter 479, Statutes of Nevada 2011, at page 2989, is hereby amended to read as follows:

       Sec. 140.  NRS 231.280, 231.350, 233C.100, 233C.110, 233F.058, 242.041, 331.040, 331.095, 331.103, 331.104, 331.105, 341.015, 341.149, 378.008, 378.0086 and 378.0089 are hereby repealed.

      Sec. 22. Section 6 of chapter 483, Statutes of Nevada 2011, at page 3053, is hereby amended to read as follows:

       Sec. 6.  NRS 386.549 is hereby amended to read as follows:

       386.549  1.  The governing body of a charter school [:

       (a)Must] must consist of:

             [(1)At least three teachers, as defined in subsection 5; or

             (2)Two teachers, as defined in subsection 5, and one person]

       (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing.

       (b) One member who [previously held a license to teach pursuant to chapter 391 of NRS] :

             (1) Satisfies the qualifications of paragraph (a); or

             (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing . [, including, without limitation, a retired teacher.

       (b)]

       (c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

       [May consist of,]

       (d) Two members who possess knowledge and experience in one or more of the following areas:

             (1) Accounting;

             (2) Financial services;

             (3) Law; or

             (4) Human resources.

       2.  In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses. Not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

       [2.]3.  A person may serve on the governing body only if the person submits an affidavit to the Department indicating that the person:

 


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       (a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

       (b) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the person by the Department.

       [3.]4.  The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

       [4.]5.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located. Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

       [5.]6.  As used in subsection 1, “teacher” means a person who:

       (a) Holds a current license to teach issued pursuant to chapter 391 of NRS [;] or who previously held such a license and is retired, as long as his or her license was held in good standing; and

       (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 23.  1.  Section 9 of chapter 485, Statutes of Nevada 2011, at page 3071, is hereby amended to read as follows:

       Sec. 9.  NRS 293.560 is hereby amended to read as follows:

       293.560  1.  Except as otherwise provided in NRS 293.502, registration must close [at 9 p.m.] on the third Tuesday preceding any primary or general election and [at 9 p.m.] on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close [at 9 p.m.] on the third Tuesday preceding the day of the elections.

       2.  [The] For a primary or special election, the office of the county clerk must be open [from 9 a.m. to 5 p.m. and from] until 7 p.m. [to 9 p.m., including Saturdays,] during the last 2 days [before the close of] on which registration [, according to the following schedule:

       (a)]is open. In a county whose population is less than 100,000, the office of the county clerk [must be open during the last day before registration closes.

       (b) In all other counties, the office of the county clerk must be open during the last 5 days before registration closes.] may close at 5 p.m. during the last 2 days before registration closes if approved by the board of county commissioners.

       3.  For a general election:

       (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which registration is open.

 


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on which registration is open. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

       (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which registration is open, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

       4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

       (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that registration will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

       (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

       [4.]5.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

       [5.]6.  For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only by appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035.

       [6.]7.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      2.  Section 13 of chapter 485, Statutes of Nevada 2011, at page 3073, is hereby amended to read as follows:

       Sec. 13.  NRS 293C.527 is hereby amended to read as follows:

       293C.527  1.  Except as otherwise provided in NRS 293.502, registration must close [at 9 p.m.] on the third Tuesday preceding any primary city election or general city election and [at 9 p.m.] on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close [at 9 p.m.] on the third Tuesday preceding the day of the elections.

       2.  [The] For a primary city election or special city election, the office of the city clerk must be open [from 9 a.m. to 5 p.m. and from] until 7 p.m. [to 9 p.m., including Saturdays,] during the last 2 days [before the close of registration before a primary city election or general city election, according to the following schedule:

 


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       (a) In a city whose population is less than 25,000, the office of the city clerk must be open during the last 3 days before registration closes.

       (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 5 days before registration closes.] on which registration is open. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

       3.  For a general election:

       (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which registration is open. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

       (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which registration is open, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

       4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

       (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that registration will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

       (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

       [4.]5.  For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only by appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520.

       [5.]6.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      Sec. 24.  1.  Section 54 of chapter 498, Statutes of Nevada 2011, at page 3171, is hereby amended to read as follows:

       Sec. 54.  NRS 218A.645 is hereby amended to read as follows:

       218A.645  1.  The per diem [expense] allowance and the travel and telephone expenses of [Senators, Assemblymen and Assemblywomen elected or appointed and] Legislators in attendance at any regular or special session or presession orientation conference of the Legislature must be allowed in the manner set forth in this section.

 


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       2.  For initial travel from the Legislator’s home to Carson City, Nevada, to attend a regular or special session or presession orientation conference of the Legislature, and for return travel from Carson City, Nevada, to the Legislator’s home upon adjournment sine die of a regular or special session or termination of a presession orientation conference , [of the Legislature, each Senator, Assemblyman and Assemblywoman] each Legislator is entitled to receive:

       (a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for 1 day’s travel to and 1 day’s travel from the regular or special session or presession orientation conference.

       (b) Travel expenses.

       3.  In addition to the per diem allowance and travel expenses authorized by subsection 2, each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a supplemental allowance which must not exceed:

       (a) A total of $10,000 during each regular session [of the Legislature] for:

             (1) The Legislator’s actual expenses in moving to and from Carson City for the regular session;

             (2) Travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business;

             (3) If the Legislator rents furniture for the Legislator’s temporary residence rather than moving similar furniture from the Legislator’s home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from the Legislator’s home; and

             (4) If:

                   (I) The Legislator’s home is more than 50 miles from Carson City; and

                   (II) The Legislator maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for occupancy during a regular [legislative] session,

Ê the cost of such additional housing, paid at the end of each month during the [legislative] regular session, beginning the month of the first day of the [legislative] regular session and ending the month of the adjournment sine die of the [legislative] regular session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that the Legislator actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the [legislative] regular session or after the day of the adjournment sine die of the [legislative] regular session may not be counted as a day for which the Legislator actually maintained such temporary quarters; and

       (b) A total of $1,200 during each special session [of the Legislature] for travel to and from the Legislator’s home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.

 


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subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.

       4.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area [, for] :

       (a) For each day that the Legislature is in regular or special session or in a presession orientation conference ; and [for]

       (b) For each day that the Legislator attends a meeting of a standing committee of which the Legislator is a member when the Legislature has adjourned for more than 4 days.

       5.  Each [Senator, Assemblyman and Assemblywoman] Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a [legislative] regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

       (a) The Legislature has adjourned until a time certain; and

       (b) The [Senator, Assemblyman or Assemblywoman] Legislator is not entitled to a per diem [expense] allowance pursuant to subsection 4.

       6.  In addition to the per diem [expense] allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each [Senator, Assemblyman and Assemblywoman] Legislator who maintains temporary quarters in or near Carson City for which the Legislator has entered into a lease or other agreement for continuous occupancy for the duration of a [legislative] regular or special session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

       (a) The Legislature has adjourned for more than 4 days; and

       (b) The [Senator, Assemblyman or Assemblywoman] Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting.

       7.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

       (a) The Legislature has adjourned for more than 4 days; and

       (b) The [Senator, Assemblyman or Assemblywoman] Legislator must obtain temporary lodging in a location that a standing committee of which the Legislator is a member is meeting,

Ê if the [Senator, Assemblyman or Assemblywoman] Legislator is not entitled to the per diem [expense] allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

       8.  Each [Senator, Assemblyman and Assemblywoman] Legislator is entitled to receive a telephone allowance of [not] :

 


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       (a) Not more than $2,800 for the payment of tolls and charges incurred by the Legislator in the performance of official business during each regular session ; [of the Legislature] and [not]

       (b) Not more than $300 during each special session . [of the Legislature.]

       9.  An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem allowance provided for state officers and employees generally if the employee is required to attend a hearing of the committee outside Carson City.

       10.  Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a [legislative] regular or special session and upon completion of a presession orientation conference.

       11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the [Senator, Assemblyman or Assemblywoman] Legislator submits a signed statement affirming:

       (a) The date of the travel; and

       (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

       12.  Travel expenses authorized by subsections 2 and 3 are limited to:

       (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more Legislators travel in the same private conveyance, the Legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

       (b) If the travel is not by private conveyance, the actual amount expended.

Ê Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

      2.  Section 64 of chapter 498, Statutes of Nevada 2011, at page 3178, is hereby amended to read as follows:

       Sec. 64.  NRS 218A.925 is hereby amended to read as follows:

       218A.925  1.  Either House [of the Legislature] may imprison for contempt any person who interferes with the legislative process while the Legislature is in a regular or special session. Such imprisonment [shall] must not extend beyond the final adjournment of the regular or special session.

       2.  If the contempt is committed before the House, any member of the House may offer a resolution that the alleged offender be cited for contempt. If the resolution is adopted [, a citation shall issue.] by the House, the House shall issue a citation.

       3.  If the contempt is committed before a committee of the House or a joint committee or commission which includes members of the House, during a [legislative] regular or special session, [a resolution to cite for contempt may be offered by] any member of the House who is a member of the committee or commission [,] may offer a resolution that the alleged offender be cited for contempt, but only if the resolution is first approved by a majority vote of the committee or commission.

 


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who is a member of the committee or commission [,] may offer a resolution that the alleged offender be cited for contempt, but only if the resolution is first approved by a majority vote of the committee or commission. [A citation shall then issue if] If the resolution is adopted by the House [.] , the House shall issue a citation.

       4.  The citation [shall] must be served personally on each alleged offender named in the resolution [, and shall] and must contain:

       (a) A statement of the terms or substance of the offense or offenses which caused the citation to be issued; and

       (b) A statement of the time and place of the hearing before the House.

       5.  The citation may be served by any peace officer or by the Sergeant at Arms or any regularly appointed [assistants of the] Assistant Sergeant at Arms [.] of the House.

      3.  Section 65 of chapter 498, Statutes of Nevada 2011, at page 3178, is hereby amended to read as follows:

       Sec. 65.  NRS 218A.930 is hereby amended to read as follows:

       218A.930  1.  The time and place stated in the citation for the hearing [shall allow] must afford the alleged offender a reasonable opportunity to prepare an appropriate defense.

       2.  The alleged offender is entitled at the hearing:

       (a) To the assistance of counsel.

       (b) To present witnesses and offer evidence on [his or her] the alleged offender’s behalf.

       (c) To argue orally in person or by counsel, within such reasonable limits as may be imposed by the presiding officer of the House, and to submit written arguments.

      Sec. 25.  1.  Section 29 of chapter 501, Statutes of Nevada 2011, at page 3284, is hereby amended to read as follows:

       Sec. 29.  (Deleted by amendment.)

      2.  Section 56 of chapter 501, Statutes of Nevada 2011, at page 3303, is hereby amended to read as follows:

       Sec. 56.  (Deleted by amendment.)

      3.  Section 59 of chapter 501, Statutes of Nevada 2011, at page 3304, is hereby amended to read as follows:

       Sec. 59.  NRS 294A.373 is hereby amended to read as follows:

       294A.373  1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283, 294A.360 and 294A.362 and reports of contributions received by and expenditures made from a legal defense fund that are required to be filed pursuant to NRS 294A.286.

       2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

       3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party [,] and group [and business entity] that is required to file a report described in subsection 1.

       4.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a copy of a form designed or revised by the Secretary of State pursuant to this section to a person, committee, political party [,] or group [or business entity] that is required to use the form.

 


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designed or revised by the Secretary of State pursuant to this section to a person, committee, political party [,] or group [or business entity] that is required to use the form.

      4.  Section 61 of chapter 501, Statutes of Nevada 2011, at page 3305, is hereby amended to read as follows:

       Sec. 61.  NRS 294A.390 is hereby amended to read as follows:

       294A.390  The officer from whom a candidate or entity requests a form for:

       1.  A declaration of candidacy;

       2.  An acceptance of candidacy;

       3.  The registration of a committee for political action pursuant to NRS 294A.230 [,] or a committee for the recall of a public officer pursuant to NRS 294A.250 ; [or a business entity that wishes to engage in certain political activity pursuant to NRS 294A.377;]

       4.  The reporting of the creation of a legal defense fund pursuant to NRS 294A.286; or

       5.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 or 294A.360 and the reporting of contributions received by and expenditures made from a legal defense fund pursuant to NRS 294A.286,

Ê shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

      5.  Section 62 of chapter 501, Statutes of Nevada 2011, at page 3305, is hereby amended to read as follows:

       Sec. 62.  NRS 294A.400 is hereby amended to read as follows:

       294A.400  The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.283 and 294A.286, prepare and make available for public inspection a compilation of:

       1.  The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and expenses are required.

       2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

 


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forgiven and the total amount of written commitments for contributions received by a candidate.

       3.  The contributions made to a committee for the recall of a public officer in excess of $100.

       4.  The expenditures exceeding $100 made by a:

       (a) Person on behalf of a candidate other than the person.

       (b) Group of persons [or business entity] advocating the election or defeat of a candidate.

       (c) Committee for the recall of a public officer.

       5.  The contributions in excess of $100 made to:

       (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

       (b) A committee for political action, political party [,] or committee sponsored by a political party [or business entity] which makes an expenditure on behalf of a candidate or group of candidates.

       6.  The contributions in excess of $1,000 made to and the expenditures exceeding $1,000 made by a:

       (a) Person or group of persons organized formally or informally [, including a business entity] who advocates the passage or defeat of a question or group of questions on the ballot and who receives or expends money in an amount in excess of $10,000 for such advocacy, except as otherwise provided in paragraph (b).

       (b) Person or group of persons organized formally or informally [, including a business entity,] who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy.

       7.  The total contributions received by and expenditures made from a legal defense fund.

      6.  Section 63 of chapter 501, Statutes of Nevada 2011, at page 3306, is hereby amended to read as follows:

       Sec. 63.  NRS 294A.420 is hereby amended to read as follows:

       294A.420  1.  If the Secretary of State receives information that a person or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, [294A.227,] 294A.230, 294A.270, 294A.280, 294A.283, 294A.286 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

       2.  Except as otherwise provided in this section, a person or entity that violates an applicable provision of [NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.227, 294A.230, 294A.270, 294A.280, 294A.283, 294A.286, 294A.300, 294A.310 or 294A.360] this chapter is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

 


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of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

       3.  If a civil penalty is imposed because a person or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

       (a) If the report is not more than 7 days late, $25 for each day the report is late.

       (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

       (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

       4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State 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. Section 132 of chapter 506, Statutes of Nevada 2011, at page 3424, is hereby amended to read as follows:

       Sec. 132.  1.  This section and sections 9.5 and 51.9 of this act become effective upon passage and approval.

       2.  Sections 1 to 9, inclusive, 10 to 51.7, inclusive, 52 to 56, inclusive, and 58 to 131, inclusive, of this act become effective:

       (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

       (b) On October 1, 2011, for all other purposes.

       3.  Section 57 of this act becomes effective on January 1, 2013.

       4.  Sections [23, 24, 25, 45, 47, 59, 60 and 122] 24 and 25 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

       (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

       (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

 


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      Sec. 27.  1.  Section 1.5 of chapter 530, Statutes of Nevada 2011, at page 3711, is hereby amended to read as follows:

       Sec. 1.5.  NRS 277.200 is hereby amended to read as follows:

       277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

       (a) It is found and declared that:

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

             (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

       (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

 


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capacities while providing opportunities for orderly growth and development consistent with such capacities.

       (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

       (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

       (b) “Agency” means the Tahoe Regional Planning Agency.

       (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

       (d) “Regional plan” means the long-term general plan for the development of the region.

       (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

       (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

       (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

       (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

       (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

 


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shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

       (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

       (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

       (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

       (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III. Organization

 

       (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

       The governing body of the agency shall be constituted as follows:

       (1) California delegation:

       (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

       (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

       (2) Nevada delegation:

       (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

       (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

       (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment.

 


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member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

       (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

       (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

       (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

       (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

       (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

       (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

       (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

       (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

       (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years.

 


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the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

       (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

       (e) The position of a member of the governing body shall 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.

       (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

       (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

       (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, [the vote of] at least [four of the] nine members of [each state agreeing with the vote of at least four members of the other state shall be required] the governing body must agree to take action. If [there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph,] at least nine votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

       (2) For approving a project, the affirmative vote of at least [five] four members from the state in which the project is located and the affirmative vote of at least nine members of the entire governing body are required. If at least [five] four members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

 


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ê2013 Statutes of Nevada, Page 3843 (Chapter 553, AB 499)ê

 

       (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

       (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

       The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

       The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

       The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

       A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

       (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment.

 


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ê2013 Statutes of Nevada, Page 3844 (Chapter 553, AB 499)ê

 

equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

       (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

       (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

       (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

       (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

       (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

       The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

 


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ê2013 Statutes of Nevada, Page 3845 (Chapter 553, AB 499)ê

 

initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

       If a request is made for the amendment of the regional plan by:

       (1) A political subdivision a part of whose territory would be affected by such amendment; or

       (2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

       (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

       (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan [.] and, in so doing, shall ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

       The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

       (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

       (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

       (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

 


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ê2013 Statutes of Nevada, Page 3846 (Chapter 553, AB 499)ê

 

       (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

       The plan shall provide for an appropriate transit system for the region.

       The plan shall give consideration to:

       (A) Completion of the Loop Road in the states of Nevada and California;

       (B) Utilization of a light rail mass transit system in the South Shore area; and

       (C) Utilization of a transit terminal in the Kingsbury Grade area.

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

       (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

       (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

       (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

       In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

       (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

       The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

 


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ê2013 Statutes of Nevada, Page 3847 (Chapter 553, AB 499)ê

 

       (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

       (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

       (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

       (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

       (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI. Agency’s Powers

 

       (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection.

 


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ê2013 Statutes of Nevada, Page 3848 (Chapter 553, AB 499)ê

 

contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

       The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

       Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

       (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

       The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

       Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

       (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

 


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ê2013 Statutes of Nevada, Page 3849 (Chapter 553, AB 499)ê

 

       (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

       (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

       (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

       The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

       1.  City of South Lake Tahoe and El Dorado County (combined)     252

       2.  Placer County...................................................................             278

       3.  Carson City.......................................................................              -0-

       4.  Douglas County...............................................................             339

       5.  Washoe County...............................................................             739

       (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

       The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

       1.  City of South Lake Tahoe and El Dorado County (combined)     64,324

       2.  Placer County...................................................................        23,000

       3.  Carson City.......................................................................              -0-

       4.  Douglas County...............................................................        57,354

       5.  Washoe County...............................................................        50,600

 


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ê2013 Statutes of Nevada, Page 3850 (Chapter 553, AB 499)ê

 

       (5) No structure may be erected to house gaming under a nonrestricted license.

       (6) No facility for the treatment of sewage may be constructed or enlarged except:

       (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

       (B) To accommodate development which is not prohibited or limited by this subdivision; or

       (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

       The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

       The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

       (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

       (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

 


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ê2013 Statutes of Nevada, Page 3851 (Chapter 553, AB 499)ê

 

       (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

       (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

       (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

       (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

       (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

       (A) Enlarge the cubic volume of the structure;

       (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

       (C) Convert an area devoted to the private use of guests to an area open to public use;

       (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

       (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

 


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ê2013 Statutes of Nevada, Page 3852 (Chapter 553, AB 499)ê

 

       (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

       (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

       (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

       (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

       (A) The location of its external walls;

       (B) Its total cubic volume;

       (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

       (D) The amount of surface area of land under the structure; and

       (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

       (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

       The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

       (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

       (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

       (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

 


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ê2013 Statutes of Nevada, Page 3853 (Chapter 553, AB 499)ê

 

       (1) This subdivision applies to:

       (A) Actions arising out of activities directly undertaken by the agency.

       (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

       (C) Actions arising out of any other act or failure to act by any person or public agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

       (2) Venue lies:

       (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

       (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

       (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

       (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

       (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

 


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ê2013 Statutes of Nevada, Page 3854 (Chapter 553, AB 499)ê

 

or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law. In addition, there is a rebuttable presumption that a regional plan adopted, amended, formulated or maintained pursuant to this compact is in conformance with the requirements applicable to this compact, and a party challenging the regional plan has the burden of showing that it is not in conformance with the requirements applicable to this compact.

       (6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

       (7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

       (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

       (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

       (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

       (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

       (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

       (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced.

 


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activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

       (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

       (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

       (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment;

       (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

       (A) The significant environmental impacts of the proposed project;

       (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

       (C) Alternatives to the proposed project;

       (D) Mitigation measures which must be implemented to assure meeting standards of the region;

       (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

       (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

       (G) The growth-inducing impact of the proposed project;

       (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

       (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

       (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

       (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes.

 


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federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

       (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

       In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

       (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

       (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

       (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

Ê A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

       (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

       (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

ARTICLE VIII. Finances

 

       (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region.

 


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sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

       (b) The agency may fix and collect reasonable fees for any services rendered by it.

       (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

       (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

       (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

       (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

       (b) The business of the district shall be managed by a board of directors consisting of:

       (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;

       (2) One member of the city council of the City of South Lake Tahoe;

       (3) One member each of the board of county commissioners of Douglas County and of Washoe County;

       (4) One member of the board of supervisors of Carson City;

       (5) The director of the California Department of Transportation; and

       (6) The director of the department of transportation of the State of Nevada.

Ê Any director may designate an alternate.

       (c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

 


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       (d) The Tahoe transportation district may in accordance with the adopted transportation plan:

       (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

       (2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district within the region.

       (3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

       (4) Fix the rates and charges for transit services provided pursuant to this subdivision.

       (5) Issue revenue bonds and other evidence of indebtedness.

       (6) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of two-thirds of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

       (7) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

       (e) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

       (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

       (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

 


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       (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

       (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

      2.  Section 18 of chapter 530, Statutes of Nevada 2011, at page 3740, is hereby amended to read as follows:

       Sec. 18.  1.  NRS 244.153, 266.263, 267.123, 268.099, 269.123, 277.190, 277.200, 277.210, 277.215, 278.025, 278.826, 309.385 and 318.103 are hereby repealed.

       2.  Sections 1 and 2 of chapter 442, Statutes of Nevada 1985, at pages 1257 and 1258, respectively, and sections 2 and 3 of chapter 311, Statutes of Nevada 1997, at pages 1147 and 1169, respectively, are hereby repealed.

       3.  NRS 277.220 is repealed effective upon:

       (a) Payment of all of the outstanding obligations of the Account for the Tahoe Regional Planning Agency created by NRS 277.220; and

       (b) Transfer of the remaining balance, if any, in the Account for the Tahoe Regional Planning Agency to the Account for the Nevada Tahoe Regional Planning Agency created by section 3 of this act, as required by section 21 of this act.

      3.  Section 23.5 of chapter 530, Statutes of Nevada 2011, at page 3742, is hereby amended to read as follows:

       Sec. 23.5.  If all of the events described in paragraph (a) of subsection [4] 6 of section 25 of this act have not yet taken place as of July 1, 2015, the Governor, on or after that date, but before October 1, 2015:

       1.  Shall assess whether it is likely that all of the events described in paragraph (a) of subsection [4] 6 of section 25 of this act will take place in the reasonably foreseeable future; and

       2.  May, if the Governor determines it is likely that all of the events described in paragraph (a) of subsection [4] 6 of section 25 of this act will take place in the reasonably foreseeable future, issue a proclamation to that effect. [If the Governor issues the proclamation described in this subsection, sections 1, 2 to 22, inclusive, and 24 of this act must not become effective until October 1, 2017.]

      4.  Section 25 of chapter 530, Statutes of Nevada 2011, at page 3743, is hereby amended to read as follows:

       Sec. 25.  1.  This section , [and] sections 17.3 [,] and 17.7, subsection 2 of section 18, and sections 22.5, 23 and 23.5 of this act become effective upon passage and approval.

       2.  Section 22.5 of this act expires by limitation on January 1, 2013.

       3.  Section 1.5 of this act becomes effective upon proclamation by the Governor of this State of:

 


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       (a)The enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act; and

       (b) The approval of the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act pursuant to Public Law 96-551.

       4.  Except as otherwise provided in [subsection 5,] subsections 5 and 6, sections 1 [,] and 2 to 17, inclusive, subsections 1 and 3 of section 18, and sections 19 to 22, inclusive, and 24 of this act become effective on October 1, 2015 . [, unless, by that date, all of the following events have occurred:

       (a) The State of California has enacted amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act;

       (b) The amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act have been approved pursuant to Public Law 96-551; and

       (c) The governing board of the Tahoe Regional Planning Agency has adopted an update to the 1987 Regional Plan.]

       5.  [In] Except as otherwise provided in subsection 6, in the event that the Governor of this State issues a proclamation pursuant to section 23.5 of this act, sections 1 [,] and 2 to 17, inclusive, subsections 1 and 3 of section 18, and sections 19 to 22, inclusive, and 24 of this act become effective on October 1, 2017.

       6.  Sections 1 and 2 to 17, inclusive, subsections 1 and 3 of section 18, and sections 19 to 22, inclusive, and 24 of this act do not become effective if:

       (a) All of the following events occur before October 1, 2015:

             (1) The State of California enacts amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act;

             (2) The amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act are approved pursuant to Public Law 96-551; and

             (3) The governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan; or

       (b) The Governor of this State issues a proclamation pursuant to section 23.5 of this act and all of the events described in paragraph (a) occur before October 1, 2017.

      Sec. 28. Sections 1 and 2 of chapter 224, Statutes of Nevada 1981, at pages 415 and 436, respectively, sections 1, 2 and 3 of chapter 731, Statutes of Nevada 1981, at pages 1824 and 1825, sections 1, 2 and 3 of chapter 450, Statutes of Nevada 1983, at pages 1137, 1158 and 1159, respectively, and sections 1, 2 and 3 of chapter 274, Statutes of Nevada 1985, at pages 819 and 841, are hereby repealed.

      Sec. 29.  This act becomes effective upon passage and approval.

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