When sealed bids or proposals, or oral bids, are accepted for the
purchase or lease of the property of a local government:
1. Any agreement or collusion among bidders or prospective bidders
in restraint of freedom of competition, by agreement to bid a fixed price
or otherwise, is unlawful and renders the bids or proposals of the
colluding bidders void.
2. Advance disclosure of any information to a bidder which would
give him an advantage over another bidder, if made or permitted by a
member, employee or representative of the governing body renders all bids
or proposals void.
(Added to NRS by 1995, 238)
1. If a local government sells, leases, transfers or conveys land
to, or exchanges land with, a domestic or foreign limited-liability
company, the local government shall require the domestic or foreign
limited-liability company to submit a disclosure to the local government
setting forth the name of any person who holds an ownership interest of 1
percent or more in the domestic or foreign limited-liability company. The
disclosure must be made available for public inspection upon request.
2. As used in this section:
(a) “Land” includes all lands, including improvements and fixtures
thereon, lands under water, all easements and hereditaments, corporeal or
incorporeal, and every estate, interest and right, legal or equitable, in
lands or water, and all rights, interests, privileges, easements,
encumbrances and franchises relating to the same, including terms for
years and liens by way of judgment, mortgage or otherwise.
(b) “Local government” means any political subdivision of this
State, including, without limitation, any county, city, town, board,
airport authority, regional transportation commission, fire protection
district, irrigation district, school district or other special district
that performs a governmental function.
(Added to NRS by 2005, 2208 )
ADOPTION OF RULES AFFECTING BUSINESSES
As used in NRS 237.030 to 237.150 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 237.040 , 237.050 and 237.060
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2072 ; A 2001, 755 )
“Business” means a trade or
occupation conducted for profit.
(Added to NRS by 1999, 2072 )
“Local government” means
a 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 )
1. “Rule” means:
(a) An ordinance by the adoption of which the governing body of a
local government exercises legislative powers; and
(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.
2. “Rule” does not include:
(a) An action taken by the governing body of a local government
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 a contract
between a business and a local government.
(b) An action taken by the governing body of a local government
that approves, amends or augments the annual budget of the local
government.
(c) An ordinance adopted by the governing body of a local
government pursuant to a provision of chapter 271 , 271A , 278 , 278A , 278B or 350 of NRS.
(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.
(Added to NRS by 1999, 2072 ; A 2001, 755 ; 2005, 2370 )
The provisions of NRS 237.030 to 237.150 ,
inclusive, do not apply with respect to a rule for which a local
government does not have the authority to consider less stringent
alternatives, including, without limitation, a rule that the local
government is required to adopt pursuant to a federal or state statute or
regulation or pursuant to a contract or agreement into which the local
government has entered.
(Added to NRS by 1999, 2072 )
1. Before a governing body of a local government adopts a proposed
rule, the governing body or its designee must notify trade associations
or owners and officers of businesses which are likely to be affected by
the proposed rule that they may submit data or arguments to the governing
body or its designee as to whether the proposed rule will:
(a) Impose a direct and significant economic burden upon a
business; or
(b) Directly restrict the formation, operation or expansion of a
business.
Ę Notification provided pursuant to this subsection must include the date
by which the data or arguments must be received by the governing body or
its designee, which must be at least 15 working days after the
notification is sent.
2. If the governing body or its designee does not receive any data
or arguments from the trade associations or owners or officers of
businesses that were notified pursuant to subsection 1 within the period
specified in the notification, a rebuttable presumption is created that
the proposed rule will not impose a direct and significant economic
burden upon a business or directly restrict the formation, operation or
expansion of a business.
3. After the period for submitting data or arguments specified in
the notification provided pursuant to subsection 1 has expired, the
governing body or its designee shall determine whether the proposed rule
is likely to:
(a) Impose a direct and significant economic burden upon a
business; or
(b) Directly restrict the formation, operation or expansion of a
business.
Ę If no data or arguments were submitted pursuant to subsection 1, the
governing body or its designee shall make its determination based on any
information available to the governing body or its designee.
4. If the governing body or its designee determines pursuant to
subsection 3 that a proposed rule is likely to impose a direct and
significant economic burden upon a business or directly restrict the
formation, operation or expansion of a business, the governing body or
its designee shall consider 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 for a business;
and
(c) Modifying a fee or fine set forth in the rule so that a
business is authorized to pay a lower fee or fine.
5. After making a determination pursuant to subsection 3, the
governing body or its designee shall prepare a business impact statement.
(Added to NRS by 1999, 2072 ; A 2005, 1478 )
1. A business impact statement prepared pursuant to NRS 237.080
must be considered at any hearing
conducted to adopt a proposed rule and set forth the following
information:
(a) A description of the manner in which comment was solicited from
affected businesses, a summary of their response and an explanation of
the manner in which other interested persons may obtain a copy of the
summary.
(b) The estimated economic effect of the proposed rule on 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 governing body of the
local government or its designee considered to reduce the impact of the
proposed rule on businesses and a statement regarding whether the
governing body or its designee actually used any of those methods.
(d) The estimated cost to the local government for enforcement of
the proposed rule.
(e) If the proposed rule provides a new fee or increases an
existing fee, the total annual amount the local government expects to
collect and the manner in which the money will be used.
(f) If the proposed rule includes provisions which duplicate or are
more stringent than federal, state or local standards regulating the same
activity, an explanation of why such duplicative or more stringent
provisions are necessary.
2. The governing body of a local government shall not include the
adoption of a proposed rule on the agenda for a meeting unless a business
impact statement has been prepared and is available for public inspection
at the time the agenda is first posted.
(Added to NRS by 1999, 2073 ; A 2005, 1479 )
1. A business that is aggrieved by a rule adopted by the governing
body of a local government on or after January 1, 2000, may object to all
or a part of the rule by filing a petition with the governing body that
adopted the rule within 30 days after the date on which the rule was
adopted.
2. A petition filed pursuant to subsection 1 may be based on the
following grounds:
(a) The governing body of the local government or its designee
failed to prepare a business impact statement as required pursuant to NRS
237.080 ; or
(b) The business impact statement prepared by the governing body or
its designee pursuant to NRS 237.080
did not consider or significantly underestimated the economic effect of
the rule on businesses.
3. After receiving a petition pursuant to subsection 1, the
governing body of a local government shall determine whether the petition
has merit. If the governing body determines that the petition has merit,
the governing body may take action to amend the rule to which the
business objected.
4. Each governing body of a local government shall provide a
procedure for an aggrieved business to object to a rule adopted by the
governing body. The procedure must be filed with the clerk of the local
government and available upon request at no charge.
(Added to NRS by 1999, 2073 ; A 2005, 1479 )
The governing body
of a local government may adopt a rule without complying with the
provisions of NRS 237.030 to 237.150
, inclusive, if the governing body
declares, by unanimous vote, that emergency action is necessary to
protect public health and safety. Such a rule may remain in effect for
not more than 6 months after the date on which it was adopted.
(Added to NRS by 1999, 2074 )
At the request of the Committee on Local Government
Finance, the Nevada Tax Commission:
1. May adopt regulations interpreting the provisions of NRS
237.030 to 237.150 , inclusive, that are recommended by the
Committee on Local Government Finance.
2. Shall advise officers of local governments regarding procedures
and forms that are required for compliance with the provisions of NRS
237.030 to 237.150 , inclusive, and any regulations adopted that
interpret those provisions.
(Added to NRS by 2001, 755 )
FORMS OF IDENTIFICATION
1. Except as otherwise provided in subsection 2, with respect to
any activity or transaction in which a local government accepts an
identification card issued by the Department of Motor Vehicles to
identify a person, the local government may also accept a consular
identification card to identify a person.
2. The provisions of subsection 1 apply only to the presentation
of a consular identification card for purposes of identification and do
not convey an independent right to receive benefits of any type.
3. As used in this section:
(a) “Consular identification card” means an identification card
issued by a consulate of a foreign government, which consulate is located
within the State of Nevada.
(b) “Identification card issued by the Department of Motor
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 it in NRS
237.050 .
(Added to NRS by 2003, 1932 )
DISPLAY OF FLAG OF UNITED STATES
1. Except as otherwise provided in subsection 2, a local
government employer shall not:
(a) Prohibit or restrict an employee from engaging in the 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 government employer that
is operated by the employee in the course of performing the employee’s
duties; or
(b) Discharge or otherwise discriminate against any employee
because the employee has exercised his right to engage in the display of
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 United States for
commercial advertising purposes.
(b) Preclude a local government employer from imposing reasonable
restrictions as to the time, place and manner of display of the flag of
the United States if the local government employer determines that such
restrictions are necessary to preserve the order or discipline of the
workplace.
3. An employee who is prohibited or restricted from engaging 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
in violation of paragraph (b) of subsection 1 may bring a civil action
against a local government employer who violates the provisions of
subsection 1 and obtain:
(a) Any wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority
or benefits; and
(c) Damages equal to the amount of the lost wages and benefits.
4. The court shall award reasonable costs, including court costs
and attorney’s fees to the prevailing party in an action brought pursuant
to this section.
5. The remedy provided for in this section is the exclusive 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 a flag of the
United States that is:
(1) Made of cloth, fabric, paper, plastic or metal;
(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 is consistent
with 4 U.S.C. chapter 1; and
(4) Of a size to allow the flag, or depiction thereof, to be
displayed in the workplace without undue disruption or the creation of a
safety hazard.
(b) “Local government employer” has the meaning ascribed to it in
NRS 288.060 .
(Added to NRS by 2003, 2971 )
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