SB 21 — Revises certain classifications based on populations. (BDR 20-391)

Money may be expended pursuant to this subparagraph for the purchase and maintenance of portable event recording devices or vehicular event recording devices only by:

(2) Costs for personnel and training associated with maintaining, updating and operating the equipment, hardware and software necessary for portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording device(3) Costs for personnel and training associated with the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

(3) Costs for personnel and training associated with the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

(c) Paying the costs authorized pursuant to paragraph (b) of subsection 3.

-the *SB21_R1*costs –authorized 8pursuant –to paragraph (b) of (d) If the county has imposed a portion of the surcharge for purposes of purchasing and maintaining portable event recording devices and vehicular event recording devices:

- 82nd Session (2023) – 8 – (3) Paying the costs authorized pursuant to paragraph (c) of subsection 3 related to training.

(a) The recipient has not used the money for any purpose authorizedmust:rized pursuant to subsection 3 within 6 months, the recipient must:(1) Notify the board of county commissioners and the advisory committee;

(1) Notify the board of county commissioners and the advisory committee;

If the balance in the fund created in a county whose population is 100,000 or more pursuant to subsection 3 which has not been committed for expenditure exceeds $5,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance$5,000,000.the in the fund at the end of the next fiscal year does not exceed $5,000,000.7.

7.

- *SB21_R1* – 9 – 8.

If the balance in the fund created in a county whose population is less than [45,000] 52,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered - 82nd Session (2023) – 9 – balance in the fund at the end of the next fiscal year does not exceed $500,000.

Except as provided in NRS 248.045, each sheriff may:may(a) Appoint, in writing signed by him or her, one or more deputies, who may perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct.

(a) Appoint, in writing signed by him or her, one or more deputies, who may perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct.

 This subsection does not limit or impair any internal grievance procedure, grievance procedure negotiated pursuant to chapter 288 of NRS3.S oNo deputy sheriff is qualified to act as such unless he or administrativeshe remedyhas otherwisetaken availablean oath to adischarge deputy.the duties of the office faithfully and impartially.

3.

No deputy sheriff is qualified to act as such unless he or she has taken an oath to discharge the duties of the office faithfully and impartially.

- *SB21_R1* – 10 – Sec.

Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies- at82nd aSession physical(2023) location– or10 by– means of a remote technology system.

Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.

(b) A list of the locations where the notice has been posted.

or - *SB21_R1* – 11 – (2) Information about how the supporting material may be found on the Internet website of the public body.

(1)- A82nd clearSession and(2023) complete– statement11 – be considered during the meeting.tatement of the topics scheduled to (2) A list describing the items on which action may be consideredtaken duringand clearly denoting that action may be taken on those items by placing the meeting.term “for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.

(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.

 The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what isisdy required pursuant to sub-subparagraph (I) or (II).

(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person,person,will the name of that person.

and - *SB21_R1* – 12 – (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

(7)- Any82nd Session (2023) – 12 – such restrictions onmust commentsbe byreasonable and may restrict the generaltime, public.place and manner of the comments, but may not restrict comments based upon viewpoint.

Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operationope(c) orProviding maintenancea copy of the officialnotice websiteto ofany theperson State.who haste.

(c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body.

(a)public Thenotice;e date and time when the person posted the copy of the (b) The address of the location where the person posted the copy of the public notice;

(b) The address of the location where the person posted the copy of the public notice;

Except as otherwise provided in paragraph (a) of subsection 4, if a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings - *SB21_R1* – 13 – on its website unless the public body is unable to do so because of - 82nd Session (2023) – 13 – technical problems relating to the operation or maintenance of its website.

The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS8.32.Unless it must be made available at an earlier time pursuant to NRS 332.025.288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 7 must be:

8.

Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 7 must be:

- *SB21_R1*82nd Session (2023) – 14 – 9.time pursuant to NRS 288.153, and except as otherwise provided iner subsection 11, the governing body of a county or city whose population is [45,000] 52,000 or more shall post the supporting material described in paragraph (c) of subsection 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.

Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, and except as otherwise provided in subsection 11, the governing body of a county or city whose population is [45,000] 52,000 or more shall post the supporting material described in paragraph (c) of subsection 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.

Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail.

11.system pursuant to NRS 241.023 and has no physical location forgy the meeting, the public body must:

If a public body holds a meeting using a remote technology system pursuant to NRS 241.023 and has no physical location for the meeting, the public body must:

- 82nd Session (2023) – 15 –  The inability of the governing body, as a result of technical problems with its Internet website, to post supporting material - *SB21_R1* – 15 – pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.

12.circumstance which requires immediate action and includes, but is not limited to:

As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by and federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

(a)- Except82nd asSession otherwise(2023) provided– in16 this– paragraph and paragraph (h) of subsection 1 of NRS 268.061, obtain twotwod independent appraisals of the real property before selling or leasing it.

If the governing body holds a public hearing on the matter of the - *SB21_R1* – 16 – fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it.

The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body.

(b) The real property is located in a city in a county whose population is [45,000] 52,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity;

5.- 82nd Session (2023) – 17 – provisions of this section:

If real property is sold or leased in violation of the provisions(a) ofThe thissale section:or lease is void;

(a) The sale or lease is void;

- *SB21_R1* – 17 – Sec.

(2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;

and (b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the  The governing body.body of a local government in a county whose population is less than [45,000] 52,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

 The governing body of a local government in a county whose population is less than [45,000] 52,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

4.- 82nd Session (2023) – 18 – manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the Housing Division of the Department of Business and Industry.

Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the Housing Division of the Department of Business and Industry.

The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district - *SB21_R1* – 18 – established pursuant to NRS 384.005 or 384.100.

(a) “Manufactured home” has the meaning ascribed to it in NRS(b) “New manufactured home” has the meaning ascribed to it in NRS 489.113.489.125.

(b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

If the governing body of any city whose population is less than 25,000 or of any county whose population is less than [45,000] 52,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions andbe haveperformed allby of the powersplanning whichcommission.therwise would otherwise be granted to and beSec. performed by the planning commission.

Sec.

and (b)- Transmit82nd aSession notice(2023) of– the19 extended– deadline to each registered voter who received a mail ballot for the election and has notnotistered returned the mail ballot before the date on which the notice will be transmitted.

- *SB21_R1* – 19 – Sec.

(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised;app(b) Be organized at random and rotated from time to time.

and (b) Be organized at random and rotated from time to time.

or (c) The real property is located in a county whose population is less than [45,000] 52,000 and any person who is related to thetheon is appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.

Upon such a request, the Department of Taxation shall provide to that- commission82nd suchSession technical(2023) – 20 – resources are available.hnical assistance to the extent that resources2. are available.

2.

- *SB21_R1* – 20 – Sec.

2.bonded indebtedness or the operating expenses of the State of of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is less than [45,000,] 52,000, or in a city or unincorporated town located within that county:

Any levy imposed by the Legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is less than [45,000,] 52,000, or in a city or unincorporated town located within that county:

(b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection(c) 1;The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy;

(c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy;

The governing body of the county, city or unincorporated town may discontinue the - 82nd Session (2023) – 21 – levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.

A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists.

TheThewn determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion.

As used in this subsection, “emergency” means any unexpected occurrence or combination of - *SB21_R1* – 21 – occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.

Whenever there are two or more county library districts in any county whose population is [45,000] 52,000 or more, the districts may merge into one county library district upon approval of thethe3.ibrWhenever there is a city or a town library trusteeslocated ofadjacent to a county library district, the mergingcity districts.or town library may:

3.

Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:

and (c) Suite in an apartment house, - imposed82nd onSession the(2023) privilege– of22 constructing– apartment houses and residential dwelling units and developing lots for mobile homes.

If the Commission approves, the board of county commissioners may - *SB21_R1* – 22 – then impose the tax, whose specified amount must not exceed $1,600.

The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.collected.e 5.

5.

(a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship;

As used in this section, “practices nursing in a rural area” means that the person practices nursing in an area located in a - 82nd Session (2023) – 23 – county whose population is less than [47,500] 52,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.

403.490superstructure 1.under this chapter wherein an expenditure ofruct any $100,000 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.

To perform any work or construct any superstructure under this chapter wherein an expenditure of $100,000 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.

- *SB21_R1* – 23 – 3.

The board shall provide, in the notice and at least 15 days before the hearing at the office of the board and at the place of the hearing, the following information, withoutwithoutard and limitation:

- 82nd Session (2023) – 24 – (2) The direct and indirect costs of the labor of any day laborers who will be employed to perform the work pursuant to chapter 338 of NRS;

(3) The cost of any administrative support that will be requiredrequir(4) forThe total cost of the performanceproject, including, without limitation, the fair market value or, if available, the actual cost of all materials, supplies, equipment and labor necessary for the work;project;

(4) The total cost of the project, including, without limitation, the fair market value or, if available, the actual cost of all materials, supplies, equipment and labor necessary for the project;

Nothing in this section shall prevent any county from opening, building, improving or repairing any public road or highway in the county through the work of county employees or the employment of day labor, under the supervision of the board of county highway commissioners and by the use of its own - *SB21_R1* – 24 – machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, if the probable cost of the work does not exceed $100,000.

(a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste areareblic provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

This program must, without limitation, make information regarding solid waste reduction and recycling opportunities available to a - 82nd Session (2023) – 25 – business at the time the business applies for or renews a business license.

The board of county commissioners of a county whose population is [45,000] 52,000 or more but less than 100,000, or its designee:des(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

- *SB21_R1* – 25 – 3.

(a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided,containersincon including,the, withoutwipremisesmitaofonapartmentcemecomplexesycliand limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

- 82nd Session (2023) – 26 – (b) May be based on the model plans adopted pursuant to NRS 444A.030.

The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant tomunicipality.on this section as are deemed necessary and appropriate for that municipality.6.

6.

455.125 If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral - *SB21_R1* – 26 – to the sewer main.

The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of (a) Identification of the followinglocation methods,of withoutthe limitation:connection of the sewer service lateral to the sewer main;

(a) Identification of the location of the connection of the sewer service lateral to the sewer main;

3.- 82nd Session (2023) – 27 – of a government that operates a sewer main:r political subdivision (a) Except as otherwise provided in subsection 4, in a county with a population of [45,000] 52,000 or more may not charge a person responsible for excavation or demolition in a public right-of- way for complying with this section.

A government, governmental agency or political subdivision of a government that operates a sewer main:

(a) Except as otherwise provided in subsection 4, in a county with a population of [45,000] 52,000 or more may not charge a person responsible for excavation or demolition in a public right-of- way for complying with this section.

A government, governmental agency or political subdivision that operates a sewer main in a county with a population of [45,000] 52,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator forfor(a) complianceThe withsewer thissystem sectionof if:the operator services not more than 260 accounts;

(a) The sewer system of the operator services not more than 260 accounts;

If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the - *SB21_R1* – 27 – location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

(a)(b) The licensingregistration andof operationservice providers to perform any action described in paragraph (b) of interactivesubsection gaming;6 of NRS 463.677.

and (b) The registration of service providers to perform any action described in paragraph (b) of subsection 6 of NRS 463.677.

(3)- A82nd licenseSession for(2023) an– interactive28 gaming– service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677;

(c) Except as otherwise provided in subsections 6 to 10, inclusive,inclus(1) setLicensed forthas standardsa formanufacturer the suitability of ainteractive persongamingrson to be:

(1) Licensed as a manufacturer of interactive gaming systems;

- *SB21_R1* – 28 – (1) The initial fee for a license for an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677.

(3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider, as applicable, and any renewal requirements for such a license or registration, as applicable.

(e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices- of82nd theSession establishment,(2023) – 29 – for a similar fee or tax.ent, unless federal law otherwise provides (f) Set forth standards for athe similarlocation feeand orsecurity tax.of the computer system and for approval of hardware and software used in connection with interactive gaming.

(f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

(b) In a county whose population is [45,000] 52,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestrictedestablishment:license license to operate games and gaming devices or the establishment:(1) Holds a nonrestricted license for the operation of games and gaming devices;

(1) Holds a nonrestricted license for the operation of games and gaming devices;

and - *SB21_R1* – 29 – (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

license to operate games and gaming devices (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

(I)- More82nd thanSession 50(2023) rooms– for30 sleeping– accommodations in connection therewith;

oror50 rooms for sleeping accommodations in (II) More than 50 gaming devices in connection therewith.

The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federalfed6.al lawExcept regulatingas theotherwise licensureprovided ofin interactivesubsections gaming.7, 8 and 9:

6.

Except as otherwise provided in subsections 7, 8 and 9:

- *SB21_R1* – 30 – (c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming;

and (d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.

(1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with- the82nd ownershipSession and(2023) operation– of,31 or– provision of services to, an interactive gaming facility that, after December 31, 2006, operatedoperatedn interactive gaming involving patrons located in the United States;

and (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that datestate.n in violation of any provision of federal law or the law of any state.8.

8.

The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or - *SB21_R1* – 31 – the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and thethehe law prosecution terminated in a manner other than with a conviction.

and - 82nd Session (2023) – 32 – (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require the person vending the hidesinformation:k or junk to subscribe a statement containing the following information:(a) When, where and from whom the vendor obtained the property.

(a) When, where and from whom the vendor obtained the property.

The Legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has considered the suggestions of the several counties and of other interested persons in this State relating to whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been - *SB21_R1* – 32 – changed should not under present conditions apply to a county established.aller,larger or smaller, as the case may be, than the new criterion Sec.established.

Sec.

H~~~~~ 23 - *SB21_R1*82nd Session (2023)