Assembly Bill No. 275–Assemblymen Neighbors and de Braga
February 17, 1999
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Joint Sponsor: Senator McGinness
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Referred to Committee on Taxation
SUMMARY—Provides for dissolution of hospital district. (BDR 40-1500)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 450 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. If, after a hearing, the board of county commissioners determines1-4
that the dissolution of a hospital district is necessary, the board shall by1-5
resolution provide for the dissolution of the hospital district. On and after1-6
the filing of the resolution with the county recorder, the hospital district1-7
shall be deemed dissolved.1-8
2. Before dissolving a hospital district pursuant to subsection 1, the1-9
board of county commissioners shall determine whether the proceeds1-10
from the taxes currently being levied in the district, if any, for the1-11
operation of the hospital and the repayment of debt are sufficient to1-12
repay any outstanding obligations of the hospital district within a1-13
reasonable period after the dissolution of the district. If there are no1-14
taxes currently being levied for the hospital district or the taxes being1-15
levied are not sufficient to repay the outstanding obligations of the1-16
hospital district within a reasonable period after the dissolution of the1-17
district, before dissolving the district pursuant to subsection 1 the board2-1
of county commissioners may levy a property tax on all of the taxable2-2
property in the district that is sufficient, when combined with any2-3
revenue from taxes currently being levied in the district, to repay the2-4
outstanding obligations of the hospital district within a reasonable period2-5
after the dissolution of the district. The allowed revenue from taxes ad2-6
valorem determined pursuant to NRS 354.59811 does not apply to any2-7
additional property tax levied pursuant to this subsection. If the hospital2-8
district is being managed by the department of taxation pursuant to NRS2-9
354.685 to 354.725, inclusive, at the time of dissolution, the rate levied2-10
pursuant to this subsection must not be included in the total ad valorem2-11
tax levy for the purposes of the application of the limitation in NRS2-12
361.453 but the rate levied when combined with all other overlapping2-13
rates levied in the state must not exceed $4.50 on each $100 of assessed2-14
valuation. The board of county commissioners shall discontinue any rate2-15
levied pursuant to this subsection on a date that will ensure that no taxes2-16
are collected for this purpose after the outstanding obligations of the2-17
hospital district have been paid in full.2-18
3. If, at the time of the dissolution of the hospital district, there are2-19
any outstanding loans, bonded indebtedness or other obligations of the2-20
hospital district, including, without limitation, unpaid obligations to2-21
organizations such as the public employees’ retirement system, unpaid2-22
salaries or unpaid loans made to the hospital district by the county, the2-23
taxes being levied in the district at the time of dissolution must continue2-24
to be levied and collected in the same manner as if the hospital district2-25
had not been dissolved until all outstanding obligations of the district2-26
have been paid in full, but for all other purposes the hospital district shall2-27
be deemed dissolved from the time the resolution is filed pursuant to2-28
subsection 1.2-29
4. If the hospital district is being managed by the department of2-30
taxation pursuant to NRS 354.685 to 354.725, inclusive, at the time of2-31
dissolution, the management ceases upon dissolution but the board of2-32
county commissioners shall continue to make such financial reports to2-33
the department of taxation as the department deems necessary until all2-34
outstanding obligations of the hospital district have been paid in full.2-35
5. The property of the dissolved hospital district may be retained by2-36
the board of county commissioners for use as a hospital or disposed of in2-37
any manner the board deems appropriate. Any proceeds of the sale or2-38
other transfer of the property of the dissolved hospital district and any2-39
proceeds from taxes which had been levied and received by the hospital2-40
district before dissolution, whether levied for operating purposes or for2-41
the repayment of debt, must be used by the board of county2-42
commissioners to repay any indebtedness of the hospital district.3-1
Sec. 2. NRS 354.59811 is hereby amended to read as follows: 354.59811 Except as otherwise provided in NRS 350.087, 354.59813,3-3
354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.2653-4
and 543.6003-5
or after July 1, 1989, the maximum amount of money that a local3-6
government, except a school district, a district to provide a telephone3-7
number for emergencies, or a redevelopment agency, may receive from3-8
taxes ad valorem, other than those attributable to the net proceeds of3-9
minerals or those levied for the payment of bonded indebtedness and3-10
interest thereon incurred as a general or medium-term obligation of the3-11
issuer, or for the payment of obligations issued to pay the cost of a water3-12
project pursuant to NRS 349.950, or for the payment of obligations under a3-13
capital lease executed before April 30, 1981, must be calculated as follows:3-14
1. The rate must be set so that when applied to the current fiscal year’s3-15
assessed valuation of all property which was on the preceding fiscal year’s3-16
assessment roll, together with the assessed valuation of property on the3-17
central assessment roll which was allocated to the local government, but3-18
excluding any assessed valuation attributable to the net proceeds of3-19
minerals, assessed valuation attributable to a redevelopment area and3-20
assessed valuation of a fire protection district attributable to real property3-21
which is transferred from private ownership to public ownership for the3-22
purpose of conservation, it will produce 106 percent of the maximum3-23
revenue allowable from taxes ad valorem for the preceding fiscal year,3-24
except that the rate so determined must not be less than the rate allowed for3-25
the previous fiscal year, except for any decrease attributable to the3-26
imposition of a tax pursuant to NRS 354.59813 in the previous year.3-27
2. This rate must then be applied to the total assessed valuation,3-28
excluding the assessed valuation attributable to the net proceeds of3-29
minerals and the assessed valuation of a fire protection district attributable3-30
to real property which is transferred from private ownership to public3-31
ownership for the purpose of conservation but including new real property,3-32
possessory interests and mobile homes, for the current fiscal year to3-33
determine the allowed revenue from taxes ad valorem for the local3-34
government.3-35
Sec. 3. NRS 354.695 is hereby amended to read as follows: 354.695 1. As soon as practicable after taking over the management3-37
of a local government, the department shall, with the approval of the3-38
committee:3-39
(a) Establish and implement a management policy and a financing plan3-40
for the local government;3-41
(b) Provide for the appointment of a financial manager for the local3-42
government who is qualified to manage the fiscal affairs of the local3-43
government;4-1
(c) Provide for the appointment of any other persons necessary to4-2
enable the local government to provide the basic services for which it was4-3
created in the most economical and efficient manner possible;4-4
(d) Establish an accounting system and separate bank accounts, if4-5
necessary, to receive and expend all money and assets of the local4-6
government;4-7
(e) Impose such hiring restrictions as deemed necessary after4-8
considering the recommendations of the financial manager;4-9
(f) Negotiate and approve all contracts entered into by or on behalf of4-10
the local government before execution and enter into such contracts on4-11
behalf of the local government as the department deems necessary;4-12
(g) Negotiate and approve all collective bargaining contracts to be4-13
entered into by the local government, except issues submitted to a4-14
factfinder whose findings and recommendations are final and binding4-15
pursuant to the provisions of the Local Government Employee-4-16
Management Relations Act;4-17
(h) Approve all expenditures of money from any fund or account and4-18
all transfers of money from one fund to another;4-19
(i) Employ such technicians as are necessary for the improvement of the4-20
financial condition of the local government;4-21
(j) Meet with the creditors of the local government and formulate a debt4-22
liquidation program;4-23
(k) Approve the issuance of bonds or other forms of indebtedness by4-24
the local government;4-25
(l) Discharge any of the outstanding debts and obligations of the local4-26
government; and4-27
(m) Take any other actions necessary to ensure that the local4-28
government provides the basic services for which it was created in the4-29
most economical and efficient manner possible.4-30
2. The department may provide for reimbursement from the local4-31
government for the expenses it incurs in managing the local government. If4-32
such reimbursement is not possible, the department may request an4-33
allocation by the interim finance committee from the contingency fund4-34
pursuant to NRS 353.266, 353.268 and 353.269.4-35
3. The governing body of a local government which is being managed4-36
by the department pursuant to this section may make recommendations to4-37
the department or the financial manager concerning the management of the4-38
local government.4-39
4. Each state agency, board, department, commission, committee or4-40
other entity of the state shall provide such technical assistance concerning4-41
the management of the local government as is requested by the department.5-1
5. The department may delegate any of the powers and duties imposed5-2
by this section to the financial manager appointed pursuant to paragraph5-3
(b) of subsection 1.5-4
6.5-5
the department has taken over the management of a local government5-6
pursuant to the provisions of subsection 1, that management may only be5-7
terminated pursuant to NRS 354.725.5-8
Sec. 4. NRS 361.453 is hereby amended to read as follows: 361.453 Except as otherwise provided in NRS 354.7055-10
1 of this act, the total ad valorem tax levy for all public purposes must not5-11
exceed $3.64 on each $100 of assessed valuation, or a lesser or greater5-12
amount fixed by the state board of examiners if the state board of5-13
examiners is directed by law to fix a lesser or greater amount for that fiscal5-14
year.5-15
Sec. 5. This act becomes effective upon passage and approval.~