2005 Nevada Revised Statutes - Chapter 237 — Miscellaneous Provisions Applicable to Local Governments

CHAPTER 237 - MISCELLANEOUS PROVISIONSAPPLICABLE TO LOCAL GOVERNMENTS

SALES, LEASES, TRANSFERS, CONVEYANCES AND EXCHANGES OF LAND

NRS 237.020 Effectof collusion among bidders or advance disclosures regarding purchase or leaseof property of local government.

NRS 237.023 Domesticor foreign limited-liability company required to submit disclosure if buying,leasing, transferring, conveying or exchanging land with local government.

ADOPTION OF RULES AFFECTING BUSINESSES

NRS 237.030 Definitions.

NRS 237.040 Businessdefined.

NRS 237.050 Localgovernment defined.

NRS 237.060 Ruledefined.

NRS 237.070 Applicability.

NRS 237.080 Prerequisitesto adoption of rule by local government.

NRS 237.090 Considerationof business impact statement at hearing conducted to adopt proposed rulerequired; posting of agenda including adoption of rule before business impactstatement available for public inspection prohibited.

NRS 237.100 Objectionto adopted rule: Petition; procedure.

NRS 237.110 Adoptionof rule during emergency.

NRS 237.150 NevadaTax Commission authorized to adopt certain regulations and required to adviselocal governments regarding procedures and forms required for compliance atrequest of Committee on Local Government Finance.

FORMS OF IDENTIFICATION

NRS 237.200 Acceptanceof consular identification cards.

DISPLAY OF FLAG OF UNITED STATES

NRS 237.250 Prohibitedpractices by local government employer: Exceptions; remedies.

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SALES, LEASES, TRANSFERS, CONVEYANCES AND EXCHANGES OF LAND

NRS 237.020 Effectof collusion among bidders or advance disclosures regarding purchase or leaseof property of local government. When sealedbids or proposals, or oral bids, are accepted for the purchase or lease of theproperty of a local government:

1. Any agreement or collusion among bidders orprospective bidders in restraint of freedom of competition, by agreement to bida fixed price or otherwise, is unlawful and renders the bids or proposals ofthe colluding bidders void.

2. Advance disclosure of any information to a bidderwhich would give him an advantage over another bidder, if made or permitted bya member, employee or representative of the governing body renders all bids orproposals void.

(Added to NRS by 1995, 238)

NRS 237.023 Domesticor foreign limited-liability company required to submit disclosure if buying,leasing, transferring, conveying or exchanging land with local government.

1. If a local government sells, leases, transfers orconveys land to, or exchanges land with, a domestic or foreignlimited-liability company, the local government shall require the domestic orforeign limited-liability company to submit a disclosure to the localgovernment setting forth the name of any person who holds an ownership interestof 1 percent or more in the domestic or foreign limited-liability company. Thedisclosure must be made available for public inspection upon request.

2. As used in this section:

(a) Land includes all lands, including improvementsand fixtures thereon, lands under water, all easements and hereditaments,corporeal or incorporeal, and every estate, interest and right, legal orequitable, in lands or water, and all rights, interests, privileges, easements,encumbrances and franchises relating to the same, including terms for years andliens by way of judgment, mortgage or otherwise.

(b) Local government means any political subdivisionof this State, including, without limitation, any county, city, town, board,airport authority, regional transportation commission, fire protectiondistrict, irrigation district, school district or other special district thatperforms a governmental function.

(Added to NRS by 2005, 2208)

ADOPTION OF RULES AFFECTING BUSINESSES

NRS 237.030 Definitions. As used in NRS 237.030to 237.150, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to themin those sections.

(Added to NRS by 1999, 2072; A 2001, 755)

NRS 237.040 Businessdefined. Business means a trade oroccupation conducted for profit.

(Added to NRS by 1999, 2072)

NRS 237.050 Localgovernment defined. Local government meansa political subdivision of this state, including, without limitation, a city,county, irrigation district, water district or water conservancy district.

(Added to NRS by 1999, 2072)

NRS 237.060 Ruledefined.

1. Rule means:

(a) An ordinance by the adoption of which the governingbody of a local government exercises legislative powers; and

(b) An action taken by the governing body of a localgovernment that imposes, increases or changes the basis for the calculation ofa fee that is paid in whole or in substantial part by businesses.

2. Rule does not include:

(a) An action taken by the governing body of a localgovernment that imposes, increases or changes the basis for the calculation of:

(1) Special assessments imposed pursuant to chapter 271 of NRS;

(2) Impact fees imposed pursuant to chapter 278B of NRS;

(3) Fees for remediation imposed pursuant to chapter 540A of NRS;

(4) Taxes ad valorem;

(5) Sales and use taxes; or

(6) A fee that has been negotiated pursuant to acontract between a business and a local government.

(b) An action taken by the governing body of a localgovernment that approves, amends or augments the annual budget of the localgovernment.

(c) An ordinance adopted by the governing body of alocal government pursuant to a provision of chapter271, 271A, 278,278A, 278Bor 350 of NRS.

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

(Added to NRS by 1999, 2072; A 2001, 755; 2005, 2370)

NRS 237.070 Applicability. The provisions of NRS237.030 to 237.150, inclusive, donot apply with respect to a rule for which a local government does not have theauthority to consider less stringent alternatives, including, without limitation,a rule that the local government is required to adopt pursuant to a federal orstate statute or regulation or pursuant to a contract or agreement into whichthe local government has entered.

(Added to NRS by 1999, 2072)

NRS 237.080 Prerequisitesto adoption of rule by local government.

1. Before a governing body of a local governmentadopts a proposed rule, the governing body or its designee must notify tradeassociations or owners and officers of businesses which are likely to beaffected by the proposed rule that they may submit data or arguments to thegoverning body or its designee as to whether the proposed rule will:

(a) Impose a direct and significant economic burdenupon a business; or

(b) Directly restrict the formation, operation orexpansion of a business.

Notificationprovided pursuant to this subsection must include the date by which the data orarguments must be received by the governing body or its designee, which must beat least 15 working days after the notification is sent.

2. If the governing body or its designee does notreceive any data or arguments from the trade associations or owners or officersof businesses that were notified pursuant to subsection 1 within the periodspecified in the notification, a rebuttable presumption is created that theproposed rule will not impose a direct and significant economic burden upon abusiness or directly restrict the formation, operation or expansion of abusiness.

3. After the period for submitting data or argumentsspecified in the notification provided pursuant to subsection 1 has expired,the governing body or its designee shall determine whether the proposed rule islikely to:

(a) Impose a direct and significant economic burdenupon a business; or

(b) Directly restrict the formation, operation orexpansion of a business.

If no dataor arguments were submitted pursuant to subsection 1, the governing body or itsdesignee shall make its determination based on any information available to thegoverning body or its designee.

4. If the governing body or its designee determinespursuant to subsection 3 that a proposed rule is likely to impose a direct andsignificant economic burden upon a business or directly restrict the formation,operation or expansion of a business, the governing body or its designee shallconsider methods to reduce the impact of the proposed rule on businesses,including, without limitation:

(a) Simplifying the proposed rule;

(b) Establishing different standards of compliance fora business; and

(c) Modifying a fee or fine set forth in the rule sothat a business is authorized to pay a lower fee or fine.

5. After making a determination pursuant to subsection3, the governing body or its designee shall prepare a business impactstatement.

(Added to NRS by 1999, 2072; A 2005, 1478)

NRS 237.090 Considerationof business impact statement at hearing conducted to adopt proposed rulerequired; posting of agenda including adoption of rule before business impactstatement available for public inspection prohibited.

1. A business impact statement prepared pursuant to NRS 237.080 must be considered at anyhearing conducted to adopt a proposed rule and set forth the followinginformation:

(a) A description of the manner in which comment wassolicited from affected businesses, a summary of their response and anexplanation of the manner in which other interested persons may obtain a copyof the summary.

(b) The estimated economic effect of the proposed ruleon the businesses which it is to regulate, including, without limitation:

(1) Both adverse and beneficial effects; and

(2) Both direct and indirect effects.

(c) A description of the methods that the governingbody of the local government or its designee considered to reduce the impact ofthe proposed rule on businesses and a statement regarding whether the governingbody or its designee actually used any of those methods.

(d) The estimated cost to the local government forenforcement of the proposed rule.

(e) If the proposed rule provides a new fee orincreases an existing fee, the total annual amount the local government expectsto collect and the manner in which the money will be used.

(f) If the proposed rule includes provisions whichduplicate or are more stringent than federal, state or local standardsregulating the same activity, an explanation of why such duplicative or morestringent provisions are necessary.

2. The governing body of a local government shall notinclude the adoption of a proposed rule on the agenda for a meeting unless abusiness impact statement has been prepared and is available for publicinspection at the time the agenda is first posted.

(Added to NRS by 1999, 2073; A 2005, 1479)

NRS 237.100 Objectionto adopted rule: Petition; procedure.

1. A business that is aggrieved by a rule adopted bythe governing body of a local government on or after January 1, 2000, mayobject to all or a part of the rule by filing a petition with the governingbody that adopted the rule within 30 days after the date on which the rule wasadopted.

2. A petition filed pursuant to subsection 1 may be basedon the following grounds:

(a) The governing body of the local government or itsdesignee failed to prepare a business impact statement as required pursuant to NRS 237.080; or

(b) The business impact statement prepared by thegoverning body or its designee pursuant to NRS237.080 did not consider or significantly underestimated the economiceffect of the rule on businesses.

3. After receiving a petition pursuant to subsection1, the governing body of a local government shall determine whether thepetition has merit. If the governing body determines that the petition hasmerit, the governing body may take action to amend the rule to which thebusiness objected.

4. Each governing body of a local government shallprovide a procedure for an aggrieved business to object to a rule adopted bythe governing body. The procedure must be filed with the clerk of the localgovernment and available upon request at no charge.

(Added to NRS by 1999, 2073; A 2005, 1479)

NRS 237.110 Adoptionof rule during emergency. The governing bodyof a local government may adopt a rule without complying with the provisions ofNRS 237.030 to 237.150, inclusive, if the governing bodydeclares, by unanimous vote, that emergency action is necessary to protectpublic health and safety. Such a rule may remain in effect for not more than 6months after the date on which it was adopted.

(Added to NRS by 1999, 2074)

NRS 237.150Nevada Tax Commission authorized to adoptcertain regulations and required to advise local governments regardingprocedures and forms required for compliance at request of Committee on LocalGovernment Finance. Atthe request of the Committee on Local Government Finance, the Nevada TaxCommission:

1. May adopt regulations interpreting the provisionsof NRS 237.030 to 237.150, inclusive, that are recommended bythe Committee on Local Government Finance.

2. Shall advise officers of local governmentsregarding procedures and forms that are required for compliance with theprovisions of NRS 237.030 to 237.150, inclusive, and any regulationsadopted that interpret those provisions.

(Added to NRS by 2001, 755)

FORMS OF IDENTIFICATION

NRS 237.200 Acceptanceof consular identification cards.

1. Except as otherwise provided in subsection 2, withrespect to any activity or transaction in which a local government accepts anidentification card issued by the Department of Motor Vehicles to identify aperson, the local government may also accept a consular identification card toidentify a person.

2. The provisions of subsection 1 apply only to thepresentation of a consular identification card for purposes of identificationand do not convey an independent right to receive benefits of any type.

3. As used in this section:

(a) Consular identification card means anidentification card issued by a consulate of a foreign government, whichconsulate is located within the State of Nevada.

(b) Identification card issued by the Department ofMotor Vehicles means an identification card of the type described in NRS 483.810 to 483.890, inclusive.

(c) Local government has the meaning ascribed to itin NRS 237.050.

(Added to NRS by 2003, 1932)

DISPLAY OF FLAG OF UNITED STATES

NRS 237.250 Prohibitedpractices by local government employer: Exceptions; remedies.

1. Except as otherwise provided in subsection 2, alocal government employer shall not:

(a) Prohibit or restrict an employee from engaging inthe display of the flag of the United States:

(1) On the person of the employee;

(2) In the workplace of the employee; or

(3) On a vehicle owned by the local governmentemployer that is operated by the employee in the course of performing theemployees duties; or

(b) Discharge or otherwise discriminate against anyemployee because the employee has exercised his right to engage in the displayof the flag of the United States as described in paragraph (a).

2. The provisions of this section do not:

(a) Apply to the display of the flag of the UnitedStates for commercial advertising purposes.

(b) Preclude a local government employer from imposingreasonable restrictions as to the time, place and manner of display of the flagof the United States if the local government employer determines that suchrestrictions are necessary to preserve the order or discipline of theworkplace.

3. An employee who is prohibited or restricted fromengaging in the display of the flag of the United States in violation of paragraph(a) of subsection 1 or is discharged or otherwise discriminated against inviolation of paragraph (b) of subsection 1 may bring a civil action against alocal government employer who violates the provisions of subsection 1 andobtain:

(a) Any wages and benefits lost as a result of theviolation;

(b) An order of reinstatement without loss of position,seniority or benefits; and

(c) Damages equal to the amount of the lost wages andbenefits.

4. The court shall award reasonable costs, includingcourt costs and attorneys fees to the prevailing party in an action broughtpursuant to this section.

5. The remedy provided for in this section is theexclusive remedy for an action brought pursuant to this section.

6. As used in this section:

(a) Display of the flag of the United States means aflag of the United States that is:

(1) Made of cloth, fabric, paper, plastic ormetal;

(2) Displayed:

(I) From a pole or staff or in a window;or

(II) In the form of a brooch, button, pin,sticker, transfer or transparency;

(3) If applicable, displayed in a manner that isconsistent with 4 U.S.C. chapter 1; and

(4) Of a size to allow the flag, or depictionthereof, to be displayed in the workplace without undue disruption or thecreation of a safety hazard.

(b) Local government employer has the meaningascribed to it in NRS 288.060.

(Added to NRS by 2003, 2971)

 

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