AB 379 — Authorizes certain local governments to create a parks, trails and open space district. (BDR 25-211)

If a resolution is adopted pursuant to paragraph (a) of subsection 1 of section 8 of this act or if the governing body of a county or city considers the creation of aahe district after receiving a petition pursuant to paragraph (b) of subsection 1 of section 8 of this act, the governing body must create a service plan for the proposed district before the governing body may determine whether to create the district.

- *AB379_R2* – 6 – (a) Consist of a financial survey and, if applicable, a preliminary engineering or architectural survey showing how the proposed services are to be provided and financed.

(c) Describe the facilities, improvements or projects to be constructed, the standards of such construction, the services to be - 79th Session (2017) – 6 – provided by the district, an estimate of costs, including, without limitation, the cost of acquiring land, engineering services, legal services, proposed indebtedness, including, without limitation, proposed maximum interest rates and any discounts, any other proposed bonds and any other securities to be issued and their type or character, annual operation and maintenance expenses andandeir type other major expenses related to the formation and operation of the district.

(b) The governing body of each county or city that has territoryter(c) The governing body of any special district which has levied an ad valorem property tax within the next preceding tax year and has boundaries ofwithin a county in which the proposeddistrict district;is located;

(c) The governing body of any special district which has levied an ad valorem property tax within the next preceding tax year and has boundaries within a county in which the district is located;

- *AB379_R2* – 7 – 3.

Such - 79th Session (2017) – 7 – publications shall constitute constructive notice to the residents and property owners within the proposed district.

If there is a county planning commission or a regional county planning commission, the service plan must be delivered to eachcommission suchor regional county planning commission.commission must study the service plan and a representative thereof must present its recommendations to the governing body at the public hearing.

Each such county planning commission or regional county planning commission must study the service plan and a representative thereof must present its recommendations to the governing body at the public hearing.

If the service plan is disapproved, the specific detailed reasons for such disapproval must be set forth in writing.

- *AB379_R2* – 8 – (a) There is insufficient existing and projected need for service in the area to be serviced by the proposed district;

- 79th Session (2017) – 8 – (c) Adequate service is, or will be, available to the area by other existing municipal or quasi-municipal corporations within a reasonable time and on a comparable basis;

(d) The proposed district is incapable of providing economic andand(e) sufficientThe servicearea to thebe areaincluded withinin itsthe proposed boundaries;district does nots;

(e) The area to be included in the proposed district does not have or will not have the financial ability to discharge the proposed indebtedness, other securities, or other obligations to be incurred on a reasonable basis;

The approved service plan and the resolution of approval must be incorporated by reference in the ordinance creating the district after there has beenformation aof compliancethe withproposed alldistrict.gal other legal procedures for the formation2. of the proposed district.

2.

After the organization of a district pursuant to the provisions of this chapter material modifications of the service plan as originally approved may be made by the board of trustees - *AB379_R2* – 9 – of the district only by petition to and approval by the governing body that formed the district in substantially the same manner as - 79th Session (2017) – 9 – is provided for the approval of an original service plan.

Such modifications are required only with regard to changes of a basic or essential nature and are not required for changes of a mechanical type necessary only for the execution of the original ser5.ce Any unreasonable departure from the service plan.plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of the governing body or any interested party.

5.

Any unreasonable departure from the service plan as originally approved, or, if the same has been modified, then from the service plan as modified, may be enjoined at any time by a district court upon motion of the governing body or any interested party.

3.the hearing to consider the creation of the district or at act, at subsequent hearing to which the hearing is adjourned, the governing body may create the district by ordinance if the governing body makes findings that the creation of the district is economically sound and feasible.

Except as otherwise provided in section 11 of this act, at the hearing to consider the creation of the district or at a subsequent hearing to which the hearing is adjourned, the governing body may create the district by ordinance if the governing body makes findings that the creation of the district is economically sound and feasible.

- *AB379_R2*79th Session (2017) – 10 – 1.

If, at or before the hearing held pursuant to section 10 of this act, a majority of property owners within the proposed area of thepursuant districtto submitthat writtensection.en protests to the creation of the district pursuant3. to that section.

3.

2.such ordinance any person who has filed a written protest, aste of provided in section 10 of this act, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination.

Within 30 days immediately following the effective date of such ordinance any person who has filed a written protest, as provided in section 10 of this act, shall have the right to commence an action in any court of competent jurisdiction to set aside such determination.

Within 30 days immediately following the effective date of the ordinance creating the district, the governing body shall cause to be filed a copy of the ordinance in the office of the clerk and shall cause to be filed an additional copy of the ordinance in the Office of the Secretary of State, which filings shall be without fee - 79th Session (2017) – 11 – and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.

- *AB379_R2* – 11 – Sec.

Except as otherwise may be provided in an interlocal agreement entered into pursuant to section 11 of this act,body aftermust adoptingestablish:an an ordinance creating a district, the governing body(a) mustAccounting establish:practices and procedures for the district;

(a) Accounting practices and procedures for the district;

(a) More than five counties or cities have territory within the district, the interlocal agreement entered into pursuant to section 11 of this act must determine which governing bodies may appoint the five members of the first board of trustees of the district.

3.qualified electors of the district.

The members of the first board of trustees must be qualified electors of the district.

- 79th Session (2017) – 12 – The governing body may from time to time, upon good cause shown, increase or decrease the amount of the bond.

The board shall choose one of its members as chair of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may - *AB379_R2* – 12 – or may not be members of the board.

The secretary and thethet, who may treasurer may be one person.

Except as otherwise provided in this subsection, each member of a board of trustees of a district organized pursuant to this chapter may receive as compensation for his or her service not more than $6,000 per year.

The board shall, by resolution, designate the place where the office or principal place of the district is to be - 79th Session (2017) – 13 – located, which must be within the corporate limits of the district and which may be changed by resolution of the board.

The official records and files of the district must be kept at that office and must be open to public inspection as provided in NRS 239.010.

-and *AB379_R2*must –be 13open –to public inspection 2.

(b) Wholly within the boundaries of a city, the general election for trustees of the district must be conducted by the city clerk and held simultaneously with the general city election of the city.

- 79th Session (2017) – 14 – 7.

The provisions of this section that require the election of the board of trustees do not apply if an interlocal agreement entered into pursuant to section 11 of this act provides another method for the selection of the board of trustees.trustees.ovides another Sec.

Sec.

- *AB379_R2* – 14 – (a) If there are two regular terms which end on the first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected.

Any contract made in violation of the provisions of sub3.ctiA trustee who violates the provisions of subsection 1 mayis guilty of a gross misdemeanor and shall be declaredfurther void.punished as provided in NRS 197.230.

3.

A trustee who violates the provisions of subsection 1 is guilty of a gross misdemeanor and shall be further punished as provided in NRS 197.230.

The board may purchase supplies or contract for services for the district from one of its members, when not to do so would - 79th Session (2017) – 15 – be a great inconvenience, but the member from whom the supplies are to be bought or with whom the contract for services is to be made shall not vote upon the allowance of the purchase or contract.

If the purchase is made or contract let by competitive bidding, the bid of a member ofis the boardlowest mayresponsible bidder.y be accepted only if the3. member is the lowest responsible bidder.

3.

- *AB379_R2* – 15 – 4.

In any region of this State for which there has been established by interstate compact a regional planning agency, the powers of any district created pursuant to this chapter with respect to the location and construction of all facilities, improvements or projects are subordinate to the powers of such regionalreg2.nalIf planningthe agency.boundaries of a district overlap with the boundaries of a conservation district formed pursuant to chapter 548 of NRS, the board of the district must coordinate and consult with the board of supervisors of the conservation district on matters that may impact the conservation district.

2.

If the boundaries of a district overlap with the boundaries of a conservation district formed pursuant to chapter 548 of NRS, the board of the district must coordinate and consult with the board of supervisors of the conservation district on matters that may impact the conservation district.

- 79th Session (2017) – 16 – (a) Acquire, construct, reconstruct, improve, operate, maintain, manage, restore, extend and better lands, works, systems and facilities, improvements and projects for parks, trails and open space.

(b)reports Design,related compileto orparks, administertrails environmentaland open space.al or cultural reports(c) relatedTake measures to parks,reduce trailswildfire, restore native vegetation and openconserve space.and manage natural resources.

(c)(d) TakeEstablish measuresor tofund reducethe wildfire,establishment restoreof nativeeducational vegetationprograms related to recreation at facilities, improvements and conserveprojects for parks, trails and manageopen naturalspace, resources.including, without limitation, granting funding for personnel who provide such educational programs.

(d) Establish or fund the establishment of educational programs related to recreation at facilities, improvements and projects for parks, trails and open space, including, without - *AB379_R2* – 16 – limitation, granting funding for personnel who provide such educational programs.

Such parks, trails and open space facilities, improvements and projects may include, without limitation, playgrounds, bowling greens, ball parks, public parks, promenades, beaches, marinas, levees, piers, docks, wharves, boat basins, boathouses, harborages, anchorages, gymnasiums, appurtenant shower, locker and other bathhouse facilities,concertfacilities, concert halls, theaters, auditoriums, aviaries, aquariums, zoological gardens, biological gardens, vivariums, watersheds, trails, open spaces, lakes, ponds and rivers.

- 79th Session (2017) – 17 – 3.

(a) For carrying on the business, objects and affairs of the board and of the district.

business, objects and affairs of the (b) Regulating the use or right of use of any facility, improvement or project.

With the approval of the appropriate state or local agency, a board may construct and maintain works and establish and maintain facilities, improvements or projects across - *AB379_R2* – 17 – or along any public street or highway, and in, upon or over any vacant public lands, which public lands are, or may become, the property of this State, and to construct works and establish and maintain facilities, improvements or projects across any stream of water or watercourse.

A board may, after a public hearing, establish, and from time to time increase or decrease, fees or special assessments for facilities, improvements or projects and pledge the revenue for the payment of any indebtedness or special obligations of the district.

Before any lien is foreclosed, the board shall hold a hearing thereon after providing - 79th Session (2017) – 18 – notice thereof by publication and by registered or certified first- class mail, postage prepaid, addressed to the last known owner at his or her last known address according to the records of the district and the real property assessment roll in the county in whichwhi3. the property is located.

3.tThe board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it.

The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it.

- *AB379_R2* – 18 – 4.

and (d) Indexed in the real estate index as deeds and other conveyancesconSec. are required by law to be indexed.

Sec.

1.1.requIf an employee of a district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a district in a county whose population is less than 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

If an employee of a district or other person has a reasonable belief that a dwelling unit exists that is not currently being charged for services provided by a district in a county whose population is less than 700,000, the employee or other person may submit an affidavit to the board of trustees of the district, setting forth the facts upon which the employee or other person bases his or her belief, including, without limitation, personal knowledge and visible indications of use of the property as a dwelling unit.

At least 30 days before the date of such a hearing, the board shall send a notice by certified mail, return receipt - 79th Session (2017) – 19 – requested, to the owner of the property where the unit referenced in the affidavit is located at the address listed in the real property assessment roll in the county in which the property is located.

The notice must specify the purpose, date, time and location of the hearing.hea3.ng.Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to section 30 of this act for the services provided by the district to the dwelling unit.

3.

Except as otherwise provided in this subsection, if, after the hearing, the board determines that the unit referenced in the affidavit submitted pursuant to subsection 1 is being used as a dwelling unit, the board may adopt a resolution by the affirmative votes of not less than two-thirds of the total membership of the board to charge the owner pursuant to section 30 of this act for the services provided by the district to the dwelling unit.

- *AB379_R2* – 19 – (a) “Dwelling unit” means a structure that is designed for residential occupancy by one or more persons for living and sleeping purposes, consisting of one or more rooms, including a bathroom and kitchen.

Sec.assessments pursuant to this chapter may, by resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes.

31.

1.

Any board which has adopted fees or special assessments pursuant to this chapter may, by resolution or by separate resolutions, elect to have such charges for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the county’s general taxes.

- 79th Session (2017) – 20 – 3.

4.with respect only to delinquent charges and may do so bysection 1 preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

The board may make the election specified in subsection 1 with respect only to delinquent charges and may do so by preparing and filing the written report, giving notice and holding the hearing therein required only as to such delinquencies.

Before the board may have such charges collected on the tax roll, the secretary shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel - *AB379_R2* – 20 – or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the secretary.

At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time.

IfIfred to the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report must not be adopted and the charges must be collected separately from the tax roll and must not constitute a lien against any parcel or parcels of land.

After the hearing, when the board has made a final decision on a fee or special assessment to be collected on the county tax roll, not later than June 1, the secretary shall prepare and file a final report, which shall contain a description of each - 79th Session (2017) – 21 – parcel in the district and the amount of the charge, with the county assessor for inclusion on the assessment roll.

If a report is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in suchsuc10.xteThe extension.amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

10.

The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the time when the lien of taxes on the roll attach.

- *AB379_R2* – 21 – 13.

The cost shall not be more than the actual additional expense to the county treasurer or county assessor,assSec. as applicable, for performing such services.

Sec.32.s a1.licWhen a district is contained wholly within a city, the board may convey to such city, at the discretion of the district and with the consent of the governing body of the city, all of the property of the district upon the condition that such city:

32.

1.

When a district is contained wholly within a city, the board may convey to such city, at the discretion of the district and with the consent of the governing body of the city, all of the property of the district upon the condition that such city:

- 79th Session (2017) – 22 – Sec.

Any county, city, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any facility, improvement or project, or any part thereof, or any interest in real or personal property or any money available for the construction, improvement, maintenance or operation of any facility, improvement or project.project., 2.

2.

- *AB379_R2* – 22 – 3.

To levy and collect ad valorem taxes pursuant to section 34 of this act, a board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessedassessedll fix valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply money for paying:

The board shall identify separately the rate of tax which is levied pursuant to - 79th Session (2017) – 23 – paragraph (a) and the rate which is levied pursuant to paragraph (b) and shall make such information available to the public upon request.

The board shall not continue to levy a rate of tax pursuant to paragraph (b) after the cost to the district of acquiring thewas particularlevied facility,has improvementbeen orrecovered in full.r project for which the rate was2. levied has been recovered in full.

2.

If the money produced from such levies, together with other revenues of the district, is not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such - *AB379_R2* – 23 – additional levies of taxes as may be necessary for such purposes, and such taxes must be made and continue to be levied until the general obligation indebtedness of the district is fully paid but mustmusSec. not continue after that date.

Sec.37.nti1.e aThe body having authority to levy taxes within each county shall levy the taxes provided in this chapter.

37.

1.

The body having authority to levy taxes within each county shall levy the taxes provided in this chapter.

- 79th Session (2017) – 24 – Sec.

of this act, whenever any indebtedness or other obligationstion have been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

39.

Subject to the provisions of subsection 2 of section 34 of this act, whenever any indebtedness or other obligations have been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

Sec.

- *AB379_R2* – 24 – Personal property may be excluded from a district on such terms andinvolved.tions conditions as may be prescribed by the board of the district involved.Sec.

Sec.

- 79th Session (2017) – 25 – (d) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

(a) State the filing of such petition.

-consideration *AB379_R2*by –the 25board –nor 8.shall further objection be filed except in case of fraud or misrepresentation.

There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

- 79th Session (2017) – 26 – (a) Set forth an accurate legal description of the property owned by the petitioners.

(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee ownersown(c) ofBe suchacknowledged property.in the same manner required for a conveyance of land.

(c) Be acknowledged in the same manner required for a conveyance of land.

After the date of its inclusion in such district, such property is subject to all of the taxes and charges imposed by the district, and is liable for its proportionate share of existing general obligation bonded indebtedness of the district but it is not liable - *AB379_R2* – 26 – for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess and the tolls and charges which are uniformly made, assessed or levied for the entire district.

Upon the conditions and under the circumstances set forth in this chapter, a district may borrow - 79th Session (2017) – 27 – money and issue the following securities to evidence such borrowing:

(c) Revenue bonds.

2.(a) Shall be payable from the fund for which the money was:

Suchborrowed. short-term notes, warrants and interim debentures:

(a) Shall be payable from the fund for which the money was borrowed.

- *AB379_R2* – 27 – (c) Shall not be extended or funded except in compliance with the Local Government Securities Law.

A single bond issue may be - 79th Session (2017) – 28 – had for more than one of such facilities, improvements or projects and the revenues for any and all of the income-producing facilities, improvements and projects may be pledged to pay for any other such facilities, improvements or projects.

To that end, a singlesinSec. fund may be established and maintained.

Sec.

1.ma1.beSubject to the limitations and other provisions in this chapter, a board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 2:

Subject to the limitations and other provisions in this chapter, a board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection 2:

Except as otherwise provided in subsection 2, such part of the expenses of making any public improvement, as the board determines by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments uponupon-thirds lands and premises located within the district and abutting upon that part of the street or alley so improved or proposed so to be, or the lands located within the district and abutting upon the improvement and the other lands as in the opinion of the board may be specially benefited by the improvement.

- *AB379_R2* – 28 – 2.

Except as otherwise provided in section 32 of this act, the dissolution, merger or consolidation of a district may be initiated by resolution of a majority of the members of the governing body that created the district upon a finding that the dissolution, merger or consolidation is in the best interests of - 79th Session (2017) – 29 – the district.

2.district may, on or before the date of the hearing, protest against the dissolution of such district, in writing.

Any person who owns property which is located within the district may, on or before the date of the hearing, protest against the dissolution of such district, in writing.

Within 30 days after the effective date of the dissolution, merger or consolidation of a district, the clerk must file a copy of the action of the governing body in the clerk’s office and the Office of the Secretary of State, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.NRS.f incorporation Sec.

Sec.

Surrendered and transferred to the governing body of the county or city in which the district exists and become a part of the - *AB379_R2* – 29 – general fund of the county or city, as applicable, if the district is dissolved;

- 79th Session (2017) – 30 – Sec.

If, at the time of the dissolution, merger or consolidation of a district there are any outstanding loans or bonded indebtedness of the district, the taxes, fees or special assessments for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the district had not been dissolved, merged or consolidated until all outstanding indebtedness is repaid.

The clerk shall mail written notice to all persons who own property within the district and to all qualified electors of the district, which notice shall set forth the substance of theof the notification or petition and the time and place of the hearing.

- *AB379_R2* – 30 – (b) Adopt an ordinance providing for the merger, consolidation or dissolution of the district pursuant to sections 49 to 52, inclusive, of this act;

or - 79th Session (2017) – 31 – (d) Determine by resolution that management and organization of the district will remain unchanged.

The Department of Taxation or any interested person may, within 30 days immediately following the effective date of the ordinance adopted under paragraph (a) of subsection 3 or resolution adopted under paragraph (d) of subsection 3,3,r commence an action in any court of competent jurisdiction to set aside the ordinance or resolution.

(a) All local improvement districts created pursuant to chapter 309 of NRS;

and (c)Sec. All housing authorities.

Sec.55.houNRS 318.0954 is hereby amended to read as follows:

55.

NRS 318.0954 is hereby amended to read as follows:

The governing body of any district organized or reorganized under and operating as provided in any chapter in title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, and sections 2 to 53, inclusive, of this act, must be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.

- *AB379_R2* – 31 – 2.

No existing member of any such governing body may be required to resign from the board before the termination of his or her current term of office in the absence of any disqualification as a member of the governing body under such chapter in title 25 of - 79th Session (2017) – 32 – NRS, excluding chapters 309, 315 and 318 of NRS [.] and sections 2 to 53, inclusive, of this act.

If a regular term of office of any member of any such governing body would terminate on other than the first Monday of January next following a biennial election in the absence of the adoption of this law, the term must be extended to and terminate on the first Monday in January next following aad to biennial election and following the date on which the term would have ended.

(a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.

- *AB379_R2* – 32 – 2.

- 79th Session (2017) – 33 – Sec.

“Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, awardthis orchapter.nistration administration of contracts for public works pursuant to this2. chapter.

2.

(1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

(2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

- *AB379_R2*79th Session (2017) – 3334 – (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS;

or (e) A business entity that engages in the practice of professional engineering,eng8.eer“Division” landmeans surveying,the architectureState orPublic landscapeWorks architecture.Division of theture.

8.Department of Administration.

“Division” means the State Public Works Division of the Department of Administration.

“Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and sections 2 to 53, inclusive, of this act and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

or - 79th Session (2017) – 35 – (d) Comply with subsection 5 or 6 of NRS 338.070.

- *AB379_R2* – 34 – (a) Contracts to construct an entire project;

(c) Uses his or her own workforce to perform all or a part of the public work;

andandor her own workforce to perform all or a part of the (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

and (j)17. All other publicly owned works and property.

17.Al“Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

“Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

- 79th Session (2017) – 36 – 19.

or (b) A subcontractor and another subcontractor or supplier, -construction *AB379_R2*project.f – 35 – ¬ for the provision of labor, materials, equipment or supplies for a construction20. project.

20.

350.115 “Bond” means any evidence of borrowing by a municipality that is issued pursuant to the provisions of this chapter or chapter 244, 244A, 268, 269, 271, 318 or 387 of NRS, and sections 2 to 53, inclusive, of this act, whether general or special obligations, including, without limitation, bonds, notes, debentures, warrants and certificates.

(a) “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts - 79th Session (2017) – 37 – and other districts organized pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750, inclusive, and chapters 474, 541, 543 and 555 of NRS, and sections 2 to 53, inclusive, of this act, and any agency or department of a county or city which preparessubdivision.udget a budget separate from that of the parent political subdivision.(b) “Local government” includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118.

- *AB379_R2* – 36 – (b) “Local government” includes the Nevada Rural Housing Authority for the purpose of loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in accordance with NRS 354.6118.

An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the Department of Taxation a copy of all documents relating to its budget for that year which the district submittedDepartment toof theAgriculture.lities Rural Utilities Service of the United States DepartmentSec. of Agriculture.

Sec.

Notwithstanding the provisions of subsection 1, a local government may deposit into the appropriate account a check or - 79th Session (2017) – 38 – other negotiable instrument which it determines is intended as payment for an account receivable.

As used in this section, “local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including, without limitation, counties, cities, towns, boards, authorities, school districts and other districts organized pursuant to chapters 244, 244A, 309, 318, 379, 439, 450, - *AB379_R2* – 37 – 474, 539, 541, 543 and 555 of NRS [.] and sections 2 to 53, inclusive, of this act.

“Publication” includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government.

- 79th Session (2017) – 39 – 5.

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