Section 2 of this bill similarly requires the state agency, officer or employee to include in the small business impact statement for the proposed regulation the total number of small businesses likely to be affected by the proposed regulation and a list of any chambers ofsesof commerce and trade associations notified pursuant to section 1.

Section 2.5 of this - 83rd Session (2025) – 2 – bill requires an agency to notify by electronic mail chambers of commerce, trade associations or owners and officers of businesses which are likely be affected by a proposed regulation of the time and place set for a workshop to solicit comments from interested persons on one or more general topics to be addressed in the regulation.

Section 2.5 also requires an agency to maintain an electronic mailing businesses and to update the list not later than January 31 of eachlocal year.icerschambers of Undercommerce, existingtrade law,associations aand localowners governmentand isofficers notof requiredbusinesses and to complyupdate with the procedurallist requirementsnot forlater adoptingthan aJanuary rule31 if the local government is taking action that imposes, increases or changes the basis for the calculation of aneach impactyear. fee or sales and use taxes.

(NRSrequirements 237.060)for Sectionadopting 3a ofrule thisif billthe eliminates these exemptions, thereby requiring a local government tois complytaking withaction those procedural requirements with respect to a proposed rule that imposes,imposes,l increases or changes the basiExistingbasis lawfor furtherthe providescalculation that any action of aan localimpact governmentfee toor adoptsales aand proposeduse ruletaxes. in violation of the requirements for adopting such a rule is void.

(NRS 237.140)237.060) Section 43 of this bill clarifieseliminates [this exemption,] these exemptions, thereby requiring a local government to comply with those procedural requirements with respect to a proposed rule that anyimposes, suchincreases actionor ischanges alsothe unenforceable.basis for the calculation of an impact fee or sales and use taxes.

Section 3 also clarifies that, for purposes of the procedural requirements for adopting a rule, a “rule” is either:

(1) an ordinance by the adoption of which the governing body of a local government exercises legislative powers;

or (2) an action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses.

(See, e.g., Castellanos v.

City of Reno, 629 F.

Supp.

3d 1031, 1042 (D.

Nev.

2022) (construing NRS 237.060 “as disjunctive because the alternative is contrary to common sense and the law’s purpose”)) rule in violation of the requirements for adopting such a rule is void.

(NRS 237.140) Section 4 of this bill [authorizes the Attorney General and certain persons to sue in a court of competent jurisdiction:

(1) to have any action to adopt a proposed rule in violation of the requirements for adopting such a rule declared void;

or (2) for an injunction against the local government to require compliance with or prevent violations of the requirements for adopting such a rule.

Section 4 also prescribes a time period for bringing such an action and authorizes a court to award reasonable attorney’s fees and court costs to the successful plaintiff in such a suit.

Existing law provides identical authority to bring such a lawsuit or seek injunctive relief for violations of the Open Meeting Law.

(NRS 241.037)] clarifies that any such action is also unenforceable.

(NRS 278B.160) Under setexisting law, a publiclocal hearinggovernment tothat consider the land use assumptions and to provide certain to notice of such a public hearing.

EXPLANATIONAssembly –Amendment MatterNo. in bolded italics is new;

matter376 between brackets [omitted material] is material to beAssembly omitted.Bill No.

444 Page 5 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

-(a) 83rdInsofar Sessionas (2025)practicable, –consult 3with –owners and officers of small businesses that are likely to be affected by the proposed of regulation.

(2)(3) Establishing different standards of compliance for a small busines(3) Modifying a fee or fine set forth in the regulation so that a smallsmall; business is authorized to pay a lower fee or fine.

and business is authorized to pay a lower fee or fine.

The director, executive head or other person who is responsible for the agency shall sign the statement certifying that, to the best of his or her knowledge or belief, a concerted effort was made to determine the impact of the proposed regulation on small accurate.sbusinesses and that the information contained in the statement is 4.accurate.

4.

-Sec. 83rd Session (2025) – 4 – 233B.0609 1.S 233BA small business impact statement prepared:

pursuant2. to NRS 233B.0608 must set forth the following information:

(a)NRS A233B.0609 descriptionis ofhereby theamended mannerto inread whichas commentfollows: was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

233B.0609 1.

A small business impact statement prepared pursuant to NRS 233B.0608 must set forth the following information:

Assembly Amendment No.

376 to Assembly Bill No.

444 Page 6 (a) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

[(c)] (e) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, withou(1)without Bothlimitation: adverse and beneficial effects;

(1) Both adverse and beneficial effects;

[(h)] (j) The reasons for the conclusions of the agency regarding the impact of a regulation on small businesses.

the agency regarding 2.

- 83rd Session (2025) – 5 – Sec.

subsection2. 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation, except that a workshop is not required if it is the second or subsequent hearing on the regulation.

Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation, except that a workshop is not required if it is the second or subsequent hearing on the regulation.

With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediatelyAssembly toAmendment actNo. upon any written submissions.

376 to Assembly Bill No.

444 Page 7 immediately to act upon any written submissions.

pursuant4. to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

- 83rd Session (2025) – 6 – Sec.

and[and] or (b) An action taken by the governing body of a local government that imposes, increases or changes the basis for the calculation of a fee that is paid in whole or in substantial part by businesses [.] , including, without limitation, an impact fee.

(d) An ordinance adopted by or action taken by the governing body of a local government that authorizes or relates to the issuance of bonds or other evidence of debt of the local government.

237.140 [1.] Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, is void [,] and unenforceable, including, without limitation, if the governing body does not comply with the provisions of subsection 3 of NRS 237.100.

Sec.[2.

The Attorney General may sue in any court of competent jurisdiction to have an action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, declared void or for an injunction against the governing body to require compliance with or prevent violations of the provisions of NRS 237.030 to 237.150, inclusive.

The injunction may be issued without proof of actual damage or other irreparable harm sustained by any person.

Assembly Amendment No.

376 to Assembly Bill No.

444 Page 8 3.

Any person denied a right conferred by the provisions of NRS 237.030 to 237.150, inclusive, if any, may sue in the district court of the district in which the governing body of a local government is situated.

A suit may seek to have an action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, declared void or to require compliance with or prevent violations of the provisions of NRS 237.030 to 237.150, inclusive.

The court may order payment of reasonable attorney’s fees and court costs to a successful plaintiff in a suit brought under this subsection.

4.

Any suit brought to:

(a) Require compliance with the provisions of NRS 237.030 to 237.150, inclusive, must be commenced within 120 days after the action to which the objection was raised was taken.

(b) Have an action declared void pursuant to subsection 2 or 3 must be commenced within 60 days after the action was taken.] Sec.

- 83rd Session (2025) – 7 – 2.

(b) By posting a copy of the notice at the principal office of the local government and at least three other separate, prominent placeseplaces within the jurisdiction of the local government.

~~~~~ 25 - 83rd Session (2025)