AB 61 — Revises provisions relating to trade practices. (BDR 52-424)

- *AB61_R1* – 4 – Sec.

or (d) Any other goods or services that are commonly used in responding to the type of emergency or disaster for which the state of emergency or declaration of disaster was proclaimed.

- 81st Session (2021) – 4 – 2.

Whether a price for a good or service is grossly in excess of the usual price for that good or service for the purposes of subsection 1 is a question of law to be determined by considering all relevant circumstances, including, without limitation, the price of the good or service prevailing in the emergency or disaster area in the 30 days before the state of emergency or declaration of area disaster was proclaimed.

A price for a good or service is not grossly in excess of the usual price for that good or service for the purposes of subsection 1 if the price is:

or - *AB61_R1* – 5 – (e) A contract price, or the result of a price formula, established before the state of emergency or declaration of disaster was proclaimed.

(a) “Emergency or disaster area” means a particular geographic area that is described in a proclamation of a state of emergency- or81st declarationSession of(2021) disaster– by5 the– Governor or Legislature pursuant to NRS 414.070.

by the Governor or (b) “Usual price” means:

(3) If a person did not sell, rent or offer to sell or rent a good or service in an emergency or disaster area within the 30 days before the state of emergency or declaration of disaster was proclaimed pursuant to NRS 414.070, the price at which the goodgoodas or service was generally available in the emergency or disaster area in the 30 days before the state of emergency or declaration of disaster was proclaimed.

The Attorney General shall - *AB61_R1* – 6 – cause the report to be posted on the Internet website of the Attorney General not later than 30 days after the earlier of:

The termination of the state of emergency or declaration of disaster by the Governor or the Legislature pursuant to NRS 414.070;4142.70The 75th day that the state of emergency or declaration of disaster is in effect.

or 2.

The 75th day that the state of emergency or declaration of disaster is in effect.

Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to this section and NRS 598.0903 to 598.0999, inclusive, and sections 3 and 3.5 of this act, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward a minor person, the court or the Director or his or her - 81st Session (2021) – 6 – designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shallsha(a) considerThe whether:conduct of the person was in disregard of the rights of the minor person;

(a) The conduct of the person was in disregard of the rights of the minor person;

3.who is 17 years of age or younger.minor person” means a person Sec.

As used in this section “minor person” means a person who is 17 years of age or younger.

- *AB61_R1* – 7 – Sec.

3.- 81st Session (2021) – 7 – between 8 p.m.

Solicitsand a9 persona.m.;by by telephone at his or her residence between4. 8 p.m.

and 9 a.m.;

4.

A person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly:kno[1.] (a) Conducts the business or occupation without all required state, county or city licenses.

[1.] (a) Conducts the business or occupation without all required state, county or city licenses.

or - *AB61_R1* – 8 – [(2)] (II) Any condition known to the seller that would affect the buyer’s use of such property.

[(b)] (2) Disclose the nature and extent of legal access to the realrea[(c)] property(3) subjectRecord the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such agreement.a contract.

[(c)] (3) Record the land sale installment contract pursuant to NRS 111.315 within 30 calendar days after the date upon which the seller accepts the first payment from the buyer under such a contract.

[(e)]- (5)81st IncludeSession terms(2021) in– the8 land– sale installment contract providing rights and protections to the buyer that are substantially the same as those under a foreclosure pursuant to chapter 40 of NRS.

Sec.

8.

NRS 598.0953 is hereby amended to read as follows:

Evidence that a person has engaged in a deceptivefollows: trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.

(b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who - *AB61_R1* – 9 – publish, broadcast or reproduce material without knowledge of its deceptive character.

The provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise- lawful81st exceptSession for(2021) the– provisions9 of– NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act.

If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.relief.r, a 4.

4.

The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act.

Such - *AB61_R1* – 10 – regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act to particular persons or circumstances.

Except as otherwise provided in this subsection, service of any notice or subpoena must be made by certified mail with return receipt- or81st asSession otherwise(2021) allowed– by10 law.– Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.

An employee of the Consumer Affairs Division of the Department of Business and Industry may personally serve a subpoena issued pursuant to this section.

The order must be served upon the person directly , [or] by certified or registered mail, return receipt requested [.] , or in any other manner permitted by the Nevada Rules of Civil Procedure for the serviceser2.ce ofAn processadministrative inhearing civilon actions.any action brought by the Commissioner or Attorney General must be conducted before the Director or his or her designee.

2.

An administrative hearing on any action brought by the Commissioner or Attorney General must be conducted before the Director or his or her designee.

(a) Cease and desist from engaging in the practice or other activityact(b) constitutingPay the violation;costs of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Director or his or her designee free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and sections 3, 3.5 and 5 of this act;

(b)- Pay81st theSession costs(2021) of conducting the investigation, costs of conducting the hearing, costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Director or his or her designee free of charge, charges for providing an independent hearing officer, if any, - *AB61_R1* – 11 – andreceived chargesor incurredobtained foras anya serviceresult of process, if the violatorviolation; is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive [;] , and sections 3, 3.5 and 5 of this act;

(c)andmproperly Provide(d) restitutionImpose foran anyadministrative moneyfine orof property$1,000 improperlyor receivedtreble orthe obtainedamount asof arestitution resultordered, ofwhichever theis violation;greater.

and (d) Impose an administrative fine of $1,000 or treble the amount of restitution ordered, whichever is greater.

If a person fails to comply with any provision of an order issued by the Director or his or her designee pursuant to subsection 3, the Attorney General, or the Commissioner or [the] Director [may,] through the Attorney General, may, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his ororhe her principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.

(a) A provision requiring the payment to the Consumer Affairs Division of the Department of Business and Industry of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Director’s or designee’s order;

- *AB61_R1*81st Session (2021) – 12 – 8.order or decree of the court in a like manner as provided for appeals in civil cases.

Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.

Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS [598.0979] 598.0903 to [598.099,] 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than $12,500 for each violation.

2.subsection 1, the court or the Director or his or her designee shall consider whether:

In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:

(e) The conduct of the person caused the elderly person or person with(1) aMental disabilityor toemotional suffer:anguish;

(1) Mental or emotional anguish;

(6)- The81st lossSession of(2021) assets– which13 are– essential to the health and welfare of the elderly person or person with a disability;

ororh -and *AB61_R1* – 13 – (7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income;

598.0985 Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, and notwithstanding the enforcement powers granted to the Commissioner or Director pursuant to NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any deceptive trade practice, knowingly or otherwise, he or she may bring an action in the name of the State of Nevada against that person to obtain a temporary or permanent injunction against the deceptive trade practice.

598.0993 The court in which an action is brought pursuant to NRS 598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or judgments as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act but such additional orders or judgments may be entered only after a final determination has been made that a deceptive trade practice has occurred.

Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this- State81st orSession the(2021) Attorney– General14 shall– forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for eacheache State violation.

Such - *AB61_R1* – 14 – civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive [.] , and sections 3, 3.5 and 5 of this act.

A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

who knowingly and willfully engages (a) For [the first] an offense [,] involving a loss of property or services valued at $1,200 or more but less than $5,000, is guilty of a [misdemeanor.] category D felony and shall be punished as provided in NRS 193.130.

(c) For [the third and all subsequent offenses,] an offense involving a loss of property or services valued at $25,000 or more but less than $100,000, is guilty of a category [D] B felony and shall be punished [as provided in NRS 193.130.] by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not mor(d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than $10,000.20 years, and by a fine of not more than $15,000.

(d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.

 The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the - 81st Session (2021) – 15 – aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

4.preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

[Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal - *AB61_R1* – 15 – offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreementagreementor fails concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

- 81st Session (2021) – 16 – (a) “Property” has the meaning ascribed to it in NRS 193.0225.

(c) “Value” means the fair market value of the property or servicesvalue atof a written instrument which does not have a readily The ascertainable market value is the timegreater of the deceptiveface tradeamount practiceof occurred.the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument.

The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic - *AB61_R1* – 16 – loss to the owner of the instrument resulting from the deprivation of the instrument.

Sec.Secs.

17.3.17.3, 17.6, 17.9 and 18.

NRS 598.706 is hereby amended to read as follows:

598.706 “Commissioner” means the Commissioner of [Mortgage Lending of the Department of Business and Industry.] Consumer Affairs.

Sec.

17.6.

NRS 598.711 is hereby amended to read as follows:

598.711 “Division” means the Consumer Affairs Division [of Mortgage Lending] of the Department of Business and Industry.

Sec.

17.9.

NRS 598.741 is hereby amended to read as follows:

598.741 As used in NRS 598.741 to 598.787, inclusive, unless the context otherwise requires:

1.

“Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

2.

“Commissioner” means the Commissioner [of Mortgage Lending.] of Consumer Affairs.

3.

“Division” means the Consumer Affairs Division [of Mortgage Lending] of the Department of Business and Industry.

4.

“Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

5.

“Organization”:

(a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he or she can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

(1) Improving a buyer’s credit record, history or rating.

(2) Obtaining an extension of credit for a buyer.

(3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his or her indebtedness, unless that counseling or assistance is provided by and is within the scope of the authorized practice of a provider of debt- management services registered pursuant to chapter 676A of NRS.

(4) Providing advice or assistance to a buyer with regard to subparagraph (1) or (2).

(b) Does not include:

(1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

- *AB61_R1* – 17 – (2) A bank, credit union, savings and loan institution or savings bank whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 672.755.

(3) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(4) A person licensed to practice law in this state where the person renders services within the course and scope of his or her practice as an attorney at law, unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

(5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

(6) A person registered as a provider of debt-management services pursuant to chapter 676A of NRS.

(7) A reporting agency.

6.

“Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports.

The term does not include:

(a) A person solely for the reason that he or she conveys a decision regarding whether to guarantee a check in response to a request by a third party;

(b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate;

or (c) A person licensed pursuant to chapter 463 of NRS.

Sec.

18.

(Deleted by amendment.) - *AB61_R1* – 18 – Sec.

603A.100inclusive, 1.and section 19 of this act do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

The provisions of NRS 603A.010 to 603A.290, inclusive, and section 19 of this act do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

Sec.Secs.

23.23 and 24.

24.

(Deleted by amendment.) Sec.

There is no limitation on the time in which an action brought by the Attorney General against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 - 81st Session (2021) – 17 – to 598.0999, inclusive, and sections 3, 3.5 and 5 of this actact, other than a deceptive trade practice of the type described in section 3 of this act, may be commenced.

11.190 Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

- *AB61_R1* – 19 – (d) [An] Except as otherwise provided in section 25 of this act, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, and sections 3, 3.5 and 5 of this act, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exerciseconstituting ofthe duedeceptive diligencetrade shouldpractice.overed, have discovered, the facts constituting3. the deceptive trade practice.

3.

(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against- an81st actionSession for(2021) the– recovery18 of– the animal until the owner has actual knowledge of such facts as would put a reasonable personpersonr has upon inquiry as to the possession thereof by the defendant.

(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

duty, (b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

- *AB61_R1* – 20 – (d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

5.

Within 1 year:

(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her - 81st Session (2021) – 19 – official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

An action may be brought by any person who is a victimvic2.m ofoAs consumerused fraud.in this section, “consumer fraud” means:

2.

As used in this section, “consumer fraud” means:

Sec.Secs.

28.28-30.

29.

(Deleted by amendment.) Sec.

30.

(Deleted by amendment.) - *AB61_R1* – 21 – Sec.

Except as otherwise provided in this section, the Consumer’s Advocate may exercise the power of the Attorney General in areas of consumer protection, including, but not limited to, enforcement of chapters 90, 597, 598, 598A, 598B, 598C, 599B andand2. 711 of NRS.

2.

[4.]- 5.81st Session (2021) – 20 – to proceedings before the Public Utilities Commission of Nevada directly relating to discretionary or competitive telecommunication services.

The powers of the Consumer’s Advocate do not extend to proceedings before the Public Utilities Commission of Nevada directly relating to discretionary or competitive telecommunication services.

(a) In a county whose population is 700,000 or more, within 45 days;

orn a county whose population is 700,000 or more, within 45 (b) In a county whose population is less than 700,000, within 60 days,  after the map is filed with the clerk of the governing body.

- *AB61_R1* – 22 – (a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

(d) The availability and accessibility of public services such as schools,sch(e) policeConformity protection,with transportation,the recreationzoning ordinances and parks;master plan,rks;

(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

(h)- Physical81st Session (2021) – 21 – and soil;ysical characteristics of the land such as floodplain, slope (i) The recommendations and soil;comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;

(i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;

The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final dispositioncommission ofshall not approve the tentative map.map unless thelanning subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

The governing body or planning commission shall not approve the tentative map unless the subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

- *AB61_R1* – 23 – Sec.

(a) Prepare a parcel map and file the number of copies, as required by local ordinance, of the parcel map with the planning commission or its designated representative or, if there is no planningpla(b) commission,Pay witha thefiling clerkfee ofin an amount determined by the governing body;body,  unless those requirements are waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply.

andThe (b)map Paymust be accompanied by a filingwritten feestatement signed by the treasurer of the county in anwhich amountthe determinedland to be divided is located indicating that all property taxes on the land for the fiscal year have been paid, and by the governingaffidavit body,of the unlessperson thosewho requirementsproposes areto waiveddivide orthe land stating that the provisionsperson will make provision for the payment of the tax - 81st Session (2021) – 22 – imposed by chapter 375 of NRS 278.471and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person who proposes to 278.4725,divide inclusive,the apply.land or any successor in interest.

The map must be accompanied by a writtenperson statementwho signedis byrequired the treasurer of the county in which the land to beprepare divideda isparcel locatedmap indicatingpursuant thattois allsection, propertysubsection taxes1 onshall theprovide landa forcopy the fiscal year have been paid, and by the affidavit of the personparcel whomap proposes to divide the landDivision statingof thatWater theResources person will make provision for the payment of the taxState imposedDepartment by chapter 375 of NRSConservation and forNatural complianceResources with the disclosure and recordingobtain requirementsa ofcertificate paragraphfrom (f)the ofDivision subsectionindicating [5]that 1the ofparcel NRSmap 598.0923,is ifapproved applicable,as by the person who proposes to divide the landquantity orof anywater successoravailable infor interest.use if:

2.

In addition to any other requirement set forth in this section, a person who is required to prepare a parcel map pursuant to subsection 1 shall provide a copy of the parcel map to the Division of Water Resources of the State Department of Conservation and Natural Resources and obtain a certificate from the Division indicating that the parcel map is approved as to the quantity of water available for use if:

A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with this section and NRS 278.371, 278.373 to 278.378, inclusive, 278.462, 278.464 and 278.466.2785.66.A parcel map is not required when the division is for the express purpose of:

- *AB61_R1* – 24 – 5.

A parcel map is not required when the division is for the express purpose of:

- 81st Session (2021) – 23 – 6.

(b) The creation of a security or unit of interest in any investment trust regulated under the laws of this State or any other interest in an investment entity.

Except as otherwise provided in subsection 2, if therethe(a) isIn a planningcounty commission,whose itpopulation shall:is 700,000 or more, within 45 days;

(a)or (b) In a county whose population is 700,000less orthan more,700,000, within 4560 days;days,  after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report.

or - *AB61_R1* – 25 – (b) In a county whose population is less than 700,000, within 60 days,  after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report.

or (b) In a county whose population is less than 700,000, within 60 days, - after81st acceptingSession as(2021) a– complete24 application– the parcel map, approve, conditionally approve or disapprove the map.

or (b) In a county whose population is less than 700,000, within 60 days,  after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map.

- *AB61_R1* – 26 – 5.

Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive theed by the requirement for a parcel map.

or (b)- 81st Session (2021) – 25 – days,) In a county whose population is less than 700,000, within 60 days,  after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.

If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, thetheed governing body’s designated representative or the chair of the planning commission.

(a) File a tentative map for the area in which the land is located with the planning commission or its designated representative or -commission;erk *AB61_R1*of –the 27governing –body withif there is no planning (b) Submit an affidavit stating that the clerkperson will make provision for the payment of the governingtax bodyimposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if thereapplicable, isby nothe planningperson commission;who proposes to make a division of land or any successor in interest;

(b) Submit an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person who proposes to make a division of land or any successor in interest;

- 81st Session (2021) – 26 – 2.

(a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

acreage of each lot and (b) Any roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

The planning commission and the governing body or its authorized representative shall not approve the tentative map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection [5] 1 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.interest.rson Sec.

Sec.35.5 and 35.7.

35.5.(Deleted by amendment.) ~~~~~ 21 - 81st Session (2021)

1.

Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

- *AB61_R1* – 28 – 2.

Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.

Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

3.

Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

Sec.

35.7.

The Legislative Counsel shall:

1.

In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

2.

In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

H - *AB61_R1*