2005 Nevada Revised Statutes - Chapter 250 — County Assessors

CHAPTER 250 - COUNTY ASSESSORS

GENERAL PROVISIONS

NRS 250.010 Election;term of office.

NRS 250.020 Oath.

NRS 250.030 Bond.

NRS 250.040 Vacancy:Time of appointment; applicable law governing appointment.

NRS 250.060 Deputies.

NRS 250.065 Deputyrequired to hold appraisers certificate.

NRS 250.070 Office;hours to remain open.

NRS 250.080 Countyassessor and deputies may administer oaths.

NRS 250.085 Accountfor the Acquisition and Improvement of Technology in the Office of the CountyAssessor.

NRS 250.090 Punishmentfor neglect of duty.

CONFIDENTIAL INFORMATION

NRS 250.100 Definitions.

NRS 250.110 Confidentialinformation defined.

NRS 250.120 Personalinformation defined.

NRS 250.130 Courtorder to maintain confidentiality of personal information.

NRS 250.140 Certainpersons authorized to request personal information maintained by countyassessor to be kept confidential.

NRS 250.150 Disclosureof confidential information maintained by county assessor.

NRS 250.160 Provisionof confidential information by county assessor.

NRS 250.170 Denialof request for confidential information.

NRS 250.180 Programto request list of assessors roll; account with office of assessor tofacilitate access to information.

NRS 250.190 Revocationof access to documents.

NRS 250.200 Regulationby professional or occupational boards of licensees who access confidentialinformation from county assessor.

NRS 250.210 Unlawfulacts; penalties.

NRS 250.220 Unlawfuldisclosure of confidential information obtained from county assessor; penalty.

NRS 250.230 Civilpenalty.

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GENERAL PROVISIONS

NRS 250.010 Election;term of office.

1. County assessors shall be elected by the qualifiedelectors of their counties.

2. County assessors shall be chosen by the electors oftheir respective counties at the general election in 1922, and at the generalelection every 4 years thereafter, and shall enter upon the duties of theiroffices on the first Monday of January subsequent to their election.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 17:108:1866; A 1921, 96; NCL 4781](NRS A 1969, 1464;1973, 245)

NRS 250.020 Oath. Each county assessor, before entering upon the duties ofhis office, shall take the oath of office as prescribed by law, which shall beendorsed on his certificate of election or appointment.

[Part 3:97:1865; B 3017; BH 2181; C 2284; RL 1571; NCL 2052]

NRS 250.030 Bond.

1. Each county assessor, before entering upon theduties of his office, shall execute to the people of the State of Nevada, abond in the penal sum of $10,000, with two or more sufficient sureties, to beapproved by the board of county commissioners, and filed in the office of thecounty clerk, conditioned for the faithful performance of all the duties of hisoffice required by law, unless a blanket fidelity bond is furnished by thecounty.

2. Suit may be instituted on the county assessorsbond in the manner prescribed by law for the benefit of any person who may beaggrieved by the wrongful act or conduct of the county assessor or his deputy.

[Part 3:97:1865; B 3017; BH 2181; C 2284; RL 1571; NCL 2052] + [7:97:1865; B 3021; BH 2184; C 2287; RL 1575; NCL 2056](NRS A 1979, 289)

NRS 250.040 Vacancy:Time of appointment; applicable law governing appointment. In case of a vacancy in the office of the county assessor,or failure of any county assessor to qualify as required in this chapter, theboard of county commissioners, within 45 days after the vacancy or failure toqualify occurs, shall appoint a person pursuant to NRS 245.170 to fill the vacancy. The personappointed shall give bond and take the oath of office prescribed by law that isrequired of county assessors elected by the people.

[4:97:1865; B 3018; BH 2182; C 2285; RL 1572;NCL 2053](NRS A 1997, 1291, 1584; 1999, 434)

NRS 250.060 Deputies.

1. All county assessors may appoint deputies, who areauthorized to transact all official business relating to the office to the sameextent as the county assessors. A deputy must be at least 18 years of age. Theappointment of a deputy must not be construed to confer upon that deputypolicymaking authority for the office of the county assessor or the county bywhich the deputy is employed.

2. County assessors are responsible on their officialbonds for all official malfeasance or nonfeasance of their deputies. Bonds forthe faithful performance of their official duties may be required of deputiesby county assessors.

3. All appointments of deputies under the provisionsof this section must be in writing and must, together with the oath of officeof the deputies, be recorded in the office of the recorder of the county withinwhich the county assessor legally holds and exercises his office. Revocationsof such appointments must also be recorded as provided in this section. Fromthe time of the recording of the appointments or revocations therein, personsshall be deemed to have notice of the appointments or revocations.

[Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL 2848; NCL 4848] + [Part 2:101:1864; B 3068; BH 2280; C 2452; RL 2849;NCL 4849] + [Part 3:101:1864; B 3069; BH 2281; C 2453; RL 2850; NCL 4850](NRS A 1969, 1464; 1993, 2432; 2001, 1745; 2005, 681)

NRS 250.065 Deputyrequired to hold appraisers certificate. Noperson may be appointed as a deputy county assessor with appraisingresponsibility unless he holds a valid appraisers certificate issued by theDepartment of Taxation.

(Added to NRS by 1975, 1653; A 1983, 226)

NRS 250.070 Office;hours to remain open. County assessors shallkeep an office at the county seat of their county, which shall be kept open inaccordance with the provisions of NRS245.040.

[Part 1:178:1907; A 1929, 255; 1955, 6, 471]

NRS 250.080 Countyassessor and deputies may administer oaths. Thecounty assessor and his deputies are authorized to administer all oaths andaffirmations contemplated by law in the discharge of their duties as assessors.

[8:97:1865; B 3022; BH 2186; C 2289; RL 1576;NCL 2057]

NRS 250.085 Accountfor the Acquisition and Improvement of Technology in the Office of the CountyAssessor.

1. The board of county commissioners of each countyshall by ordinance create in the county general fund an account to bedesignated as the Account for the Acquisition and Improvement of Technology inthe Office of the County Assessor.

2. The money in the Account:

(a) Must be accounted for separately and not as a partof any other account; and

(b) Must not be used to replace or supplant any moneyavailable from other sources to acquire technology for and improve technologyused in the office of the county assessor.

3. The money in the Account must be used to acquiretechnology for or improve the technology used in the office of the countyassessor, including, without limitation, the payment of costs associated withacquiring or improving technology for converting and archiving records, purchasinghardware and software, maintaining the technology, training employees in theoperation of the technology and contracting for professional services relatingto the technology. At the discretion of the county assessor, the money may beused by other county offices that do business with the county assessor.

4. On or before July 1 of each year, the countyassessor shall submit to the board of county commissioners a report of theprojected expenditures of the money in the Account for the following fiscalyear. Any money remaining in the Account at the end of a fiscal year that hasnot been committed for expenditure reverts to the county general fund.

(Added to NRS by 2003, 2782; A 2005, 2667)

NRS 250.090 Punishmentfor neglect of duty. If any county assessor ordeputy assessor shall be guilty of neglect of any of the duties enjoined on himby law, he shall be liable to indictment in any court of competentjurisdiction, and fined in any sum not exceeding $500.

[6:97:1865; B 3020; BH 2183; C 2286; RL 1574;NCL 2055]

CONFIDENTIAL INFORMATION

NRS 250.100 Definitions. As used in NRS 250.100to 250.230, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 250.110 and 250.120 have the meanings ascribed to themin those sections.

(Added to NRS by 2005, 1481)

NRS 250.110 Confidentialinformation defined. Confidential informationmeans personal information deemed confidential pursuant to NRS 250.130.

(Added to NRS by 2005, 1481)

NRS 250.120 Personalinformation defined. Personal informationmeans:

1. The home address of the person;

2. The home address of the spouse or minor child ofthe person;

3. Any photograph of the home of the person; and

4. Any photograph of the home of the spouse or minorchild of the person,

but does notinclude an assessors parcel number.

(Added to NRS by 2005, 1481)

NRS 250.130 Courtorder to maintain confidentiality of personal information.

1. Any person listed in NRS 250.140 who wishes to have personalinformation about himself that is contained in the records of a county assessorbe kept confidential must obtain an order of a court that requires the countyassessor to maintain the personal information of the person in a confidentialmanner. Such an order must be based on a sworn affidavit by the person, whichaffidavit:

(a) States that the affiant qualifies as a personlisted in NRS 250.140; and

(b) Sets forth sufficient justification for the requestfor confidentiality.

2. Upon receipt of such an order, a county assessorshall keep such information confidential and shall not:

(a) Disclose the confidential information to anyone,unless disclosure is specifically authorized in writing by that person; or

(b) Post the confidential information on the Internet orits successor, if any, or make the information available to others in any otherway.

(Added to NRS by 2005, 1482)

NRS 250.140 Certainpersons authorized to request personal information maintained by countyassessor to be kept confidential.

1. The following persons may request that personalinformation contained in the records of a county assessor be kept confidential:

(a) Any justice or judge in this State.

(b) Any peace officer or retired peace officer.

(c) The spouse or minor child of a person described inparagraph (a) or (b).

(d) The surviving spouse or minor child of a persondescribed in paragraph (a) or (b) who was killed in the performance of hisduties.

2. As used in this section, peace officer means:

(a) Any person upon whom some or all of the powers of apeace officer are conferred pursuant to NRS289.150 to 289.360, inclusive; and

(b) Any person:

(1) Who resides in this State;

(2) Whose primary duties are to enforce the law;and

(3) Who is employed by a law enforcement agencyof the Federal Government, including, without limitation, a ranger for theNational Park Service and an agent employed by the Federal Bureau ofInvestigation, Secret Service, United States Department of Homeland Security orUnited States Department of the Treasury.

(Added to NRS by 2005, 1482)

NRS 250.150 Disclosureof confidential information maintained by county assessor. If a person listed in NRS250.140 requests confidentiality, the confidential information of thatperson may only be disclosed as provided in NRS250.160 or 250.180.

(Added to NRS by 2005, 1482)

NRS 250.160 Provisionof confidential information by county assessor.

1. A county assessor may provide confidentialinformation for use:

(a) By any governmental entity, including, withoutlimitation, any court or law enforcement agency, in carrying out its functions,or any person acting on behalf of a federal, state or local governmental agencyin carrying out its functions.

(b) In connection with any civil, criminal,administrative or arbitration proceeding before any federal or state court,regulatory body, board, commission or agency, including, without limitation,use for service of process, investigation in anticipation of litigation, andexecution or enforcement of judgments and orders or pursuant to an order of afederal or state court.

(c) By a private investigator, private patrolman orsecurity consultant who is licensed pursuant to chapter648 of NRS, for any use authorized pursuant to this section.

(d) In connection with an investigation conductedpursuant to NRS 253.0415, 253.044 or 253.220.

(e) In activities relating to research and theproduction of statistical reports, if the address or information will not bepublished or otherwise disclosed or used to contact any person.

(f) In the bulk distribution of surveys, marketingmaterial or solicitations, if the assessor has adopted policies and proceduresto ensure that the information will be used or sold only for use in the bulkdistribution of surveys, marketing material or solicitations.

(g) By a reporter or editorial employee who is employedby or affiliated with any newspaper, press association or commerciallyoperated, federally licensed radio or television station.

2. Except for a reporter or editorial employeedescribed in paragraph (g) of subsection 1, a person who obtains informationpursuant to this section and sells or discloses that information shall keep andmaintain for at least 5 years a record of:

(a) Each person to whom the information is sold ordisclosed; and

(b) The purpose for which that person will use the information.

(Added to NRS by 2005, 1482)

NRS 250.170 Denialof request for confidential information. Exceptfor a request from a governmental entity pursuant to paragraph (a) ofsubsection 1 of NRS 250.160 or inresponse to an order of a federal or state court pursuant to paragraph (b) ofsubsection 1 of NRS 250.160, a countyassessor may deny a request for confidential information if the assessorreasonably believes that the information may be used in an unauthorized manner.

(Added to NRS by 2005, 1483)

NRS 250.180 Programto request list of assessors roll; account with office of assessor tofacilitate access to information. A countyassessor may establish a program whereby a person may request a complete list ofthe assessors roll, including, without limitation, any confidentialinformation, by establishing an account with the office of the assessor tofacilitate his ability to request such information electronically or by writtenrequest if he has submitted to the assessor proof that he is eligible torequest such information pursuant to NRS250.160 and a signed and notarized affidavit acknowledging:

1. That he has read and fully understands the currentlaws and regulations regarding the manner in which confidential informationfrom the assessors files and records may be obtained and the authorized use ofsuch information.

2. That he understands that any sale or disclosure ofsuch information must be in accordance with the provisions of NRS 250.100 to 250.180, inclusive.

3. That he understands that the assessor will maintaina record of any confidential information he requests.

4. That he understands the penalties for violating theprovisions of NRS 250.100 to 250.180, inclusive.

5. That he understands that a violation of any of theprovisions of NRS 250.100 to 250.180, inclusive, may result in arevocation of his privilege to request documents pursuant to this section.

(Added to NRS by 2005, 1483)

NRS 250.190 Revocationof access to documents. A county assessor whoestablishes a program pursuant to NRS250.180 may revoke the privilege to request documents pursuant to NRS 250.180 for a violation of theprovisions of NRS 250.100 to 250.180, inclusive.

(Added to NRS by 2005, 1483)

NRS 250.200 Regulationby professional or occupational boards of licensees who access confidentialinformation from county assessor. If aprofessional or occupational board determines that its licensees regularlyparticipate in a program established pursuant to NRS 250.180, the board shall adoptprocedures to ensure that the confidential information obtained by itslicensees pursuant to NRS 250.180 isused for the purposes for which it was obtained.

(Added to NRS by 2005, 1484)

NRS 250.210 Unlawfulacts; penalties.

1. A person shall not:

(a) Make a false representation to obtain anyinformation pursuant to NRS 250.100 to 250.180, inclusive; or

(b) Knowingly obtain or disclose information pursuantto NRS 250.100 to 250.180, inclusive, for any use notauthorized pursuant to NRS 250.100 to 250.180, inclusive.

2. A person who violates the provisions of thissection is guilty of a misdemeanor.

(Added to NRS by 2005, 1484)

NRS 250.220 Unlawfuldisclosure of confidential information obtained from county assessor; penalty. If a person discloses confidential information about aperson listed in NRS 250.140 inviolation of NRS 250.100 to 250.180, inclusive, and the person whomakes the disclosure knows or reasonably should know that such disclosure willcreate a substantial risk of bodily harm to the person about whom theinformation pertains, the person who makes the disclosure is guilty of amisdemeanor.

(Added to NRS by 2005, 1484)

NRS 250.230 Civilpenalty. In addition to any penalty imposedpursuant to NRS 250.210 or 250.220, the court may order a person whocommits an act described in those sections to pay a civil penalty in an amountnot to exceed $2,500 for each act.

(Added to NRS by 2005, 1484)