Assembly Bill No. 299–Committee on Government Affairs
February 22, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises various provisions regarding medium-term obligations. (BDR 30-1118)
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. NRS 350.001 is hereby amended to read as follows: 350.001 As used in NRS 350.001 to 350.006, inclusive, unless the1-3
context otherwise requires:1-4
1. "Commission" means a debt management commission created1-5
pursuant to NRS 350.002.1-6
2. "General obligation debt" means debt which is legally payable from1-7
general revenues, as a primary or secondary source of repayment, and is1-8
backed by the full faith and credit of a governmental entity. The term1-9
includes debt represented by local government securities issued pursuant to1-10
this chapter except debt created for medium-term obligations pursuant to1-11
NRS1-12
3. "Special elective tax" means a tax imposed pursuant to NRS1-13
354.59817, 354.5982, 387.197, 387.3285 or 387.3287.2-1
Sec. 2. NRS 350.087 is hereby amended to read as follows: 350.087 1. If the public interest requires a medium-term obligation,2-3
the governing body of any local government, by a resolution adopted by2-4
two-thirds of its members, may authorize a medium-term obligation. For2-5
the purposes of the issuance of a medium-term obligation pursuant to NRS2-6
280.266, a metropolitan police committee on fiscal affairs shall be deemed2-7
the governing body of a local government.2-8
2. The resolution must contain:2-9
(a) A finding by the governing body that the public interest requires the2-10
medium-term obligation;2-11
(b) A statement of the facts upon which the finding required pursuant2-12
to paragraph (a) is based2-13
(c) A statement that identifies:2-14
(1) Each source of revenue of the local government that is2-15
anticipated to be used to repay the medium-term obligation; and2-16
(2) The dollar amount that is anticipated to be available to repay2-17
the medium-term obligation from each such source.2-18
3. Except as otherwise provided in subsection 4, before the adoption of2-19
any such resolution, the governing body shall publish notice of its intention2-20
to act thereon in a newspaper of general circulation for at least one2-21
publication. No vote may be taken upon the resolution until 10 days after2-22
the publication of the notice. The cost of publication of the notice required2-23
of an entity is a proper charge against its general fund.2-24
4. If such a resolution will be adopted by a metropolitan police2-25
committee on fiscal affairs, the sheriff of the county in which the2-26
metropolitan police department is located shall publish the notice required2-27
pursuant to subsection 3.2-28
Sec. 3. NRS 350.089 is hereby amended to read as follows: 350.089 Except as otherwise provided in NRS 280.266 and 496.155:2-30
1. Upon the adoption of a resolution for a medium-term obligation, as2-31
provided in NRS 350.087, by a local government, a certified copy thereof2-32
must be forwarded to the executive director of the department of taxation.2-33
As soon as is practicable, the executive director of the department of2-34
taxation shall, after consideration of the tax structure of the local2-35
government concerned ,2-36
to repay the requested medium-term obligation2-37
the local government with the applicable provisions of law, including,2-38
without limitation, the provisions of chapter 354 of NRS, approve or2-39
disapprove the resolution in writing to the governing board. No such2-40
resolution is effective until approved by the executive director of the2-41
department of taxation. The written approval of the executive director of2-42
the department of taxation must be recorded in the minutes of the2-43
governing board.3-1
2. If the executive director of the department of taxation does not3-2
approve the resolution for the medium-term obligation, the governing3-3
board of the local government may appeal the executive director’s decision3-4
to the Nevada tax commission.3-5
Sec. 4. NRS 350.091 is hereby amended to read as follows: 350.091 1. Whenever the governing body of any local government is3-7
authorized to enter into a medium-term obligation as provided in NRS3-8
280.266 or 350.089, the governing body3-9
(a) If the medium-term obligation is intended to finance a capital3-10
project, shall update its plan for capital improvement in the same manner3-11
as is required for general obligation debt pursuant to NRS 350.0035.3-12
(b) May issue, as evidence thereof, negotiable notes, leases, other3-13
evidence of a transaction described in NRS 350.800, or short-time3-14
negotiable bonds.3-15
2. Except as otherwise provided in subsection 5 of NRS 496.155, the3-16
negotiable notes or bonds:3-17
(a) Must mature not later than 10 years after the date of issuance.3-18
(b) Must bear interest at a rate or rates which do not exceed by more3-19
than 3 percent the Index of Twenty Bonds which was most recently3-20
published before the bids are received or a negotiated offer is accepted.3-21
(c) May, at the option of the local government, contain a provision3-22
which allows redemption of the notes or bonds before maturity, upon such3-23
terms as the governing body determines.3-24
3. If the maximum term of the financing is more than 5 years, the term3-25
may not exceed the estimated useful life of the asset to be purchased with3-26
the proceeds from the financing.3-27
Sec. 5. NRS 350.093 is hereby amended to read as follows: 350.093 1. After a medium-term obligation has been authorized as3-29
provided in NRS 350.089 and if, in the judgment of the governing board of3-30
the local government, the fiscal affairs of the local government can be3-31
carried on without impairment and there is sufficient money in the general3-32
fund or a surplus in any other fund, with the exception of the bond interest3-33
and redemption fund, of the local government, the governing board may3-34
transfer from the general fund or from the surplus appearing in any fund,3-35
with the exception of the bond interest and redemption fund, money3-36
sufficient to meet the purpose of the medium-term obligation.3-37
2. When such a transfer is made, the governing board of the local3-38
government shall comply with the provisions of NRS 350.095, and when3-39
the special tax is thereafter collected, the amount so collected must be3-40
placed immediately in the fund from which the loan was made.3-41
3. In cases where the fund from which the loan was made, at the time3-42
of the transfer of funds therefrom, contains a surplus that in the judgment3-43
of the executive director of the department of taxation is or will not be4-1
needed for the purposes of the fund in the ordinary course of events, the4-2
special tax need not be levied, collected and placed in the fund from which4-3
the loan was made, but the transfer shall be deemed refunded for all4-4
purposes of NRS4-5
Sec. 6. NRS 354.535 is hereby amended to read as follows: 354.535 "General long-term debt" means debt which is legally payable4-7
from general revenues and is backed by the full faith and credit of a4-8
governmental unit. The term includes debt represented by local4-9
government securities issued pursuant to chapter 350 of NRS and debt4-10
created for medium-term obligations pursuant to NRS4-11
to 350.095, inclusive.4-12
Sec. 7. NRS 354.59811 is hereby amended to read as follows: 354.59811 1. Except as otherwise provided in NRS4-14
354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425,4-15
540A.265 and 543.600, for each fiscal year beginning on or after July 1,4-16
1989, the maximum amount of money that a local government, except a4-17
school district, a district to provide a telephone number for emergencies, or4-18
a redevelopment agency, may receive from taxes ad valorem, other than4-19
those attributable to the net proceeds of minerals or those levied for the4-20
payment of bonded indebtedness and interest thereon incurred as4-21
4-22
payment of obligations issued to pay the cost of a water project pursuant to4-23
NRS 349.950, or for the payment of obligations under a capital lease4-24
executed before April 30, 1981, must be calculated as follows:4-25
4-26
year’s assessed valuation of all property which was on the preceding fiscal4-27
year’s assessment roll, together with the assessed valuation of property on4-28
the central assessment roll which was allocated to the local government,4-29
but excluding any assessed valuation attributable to the net proceeds of4-30
minerals, assessed valuation attributable to a redevelopment area and4-31
assessed valuation of a fire protection district attributable to real property4-32
which is transferred from private ownership to public ownership for the4-33
purpose of conservation, it will produce 106 percent of the maximum4-34
revenue allowable from taxes ad valorem for the preceding fiscal year,4-35
except that the rate so determined must not be less than the rate allowed for4-36
the previous fiscal year, except for any decrease attributable to the4-37
imposition of a tax pursuant to NRS 354.59813 in the previous year.4-38
4-39
excluding the assessed valuation attributable to the net proceeds of4-40
minerals and the assessed valuation of a fire protection district attributable4-41
to real property which is transferred from private ownership to public4-42
ownership for the purpose of conservation but including new real property,4-43
possessory interests and mobile homes, for the current fiscal year to5-1
determine the allowed revenue from taxes ad valorem for the local5-2
government.5-3
2. As used in this section, "general long-term debt" does not include5-4
debt created for medium-term obligations pursuant to NRS 350.085 to5-5
350.095, inclusive.5-6
Sec. 8. NRS 555.215 is hereby amended to read as follows: 555.215 1. Upon the preparation and approval of a budget in the5-8
manner required by the Local Government Budget Act, the board of5-9
county commissioners of each county having lands situated in the district5-10
shall, by resolution, levy an assessment upon all real property in the county5-11
which is in the weed control district.5-12
2. Every assessment so levied is a lien against the property assessed.5-13
3. Amounts collected in counties other than the county having the5-14
larger or largest proportion of the area of the district must be paid over to5-15
the board of county commissioners of that county for the use of the district.5-16
4. The county commissioners of that county may obtain medium-term5-17
obligations pursuant to NRS5-18
an amount of money not to exceed the total amount of the assessment, to5-19
pay the expenses of controlling the weeds in the weed control district. The5-20
loans may be made only after the assessments are levied.5-21
Sec. 9. 1. The actions of the board of trustees of the Pahrump5-22
Community Library District in adopting Resolution No. 98-01 approving5-23
the issuance of medium-term obligations for the construction and5-24
furnishing of a new building for the District in an amount not to exceed5-25
$3,000,000 that would be repaid over a 10-year period by levying an ad5-26
valorem tax of .1046 per $100 of assessed valuation of taxable property5-27
within the District in accordance with the provisions of NRS 350.095 are5-28
hereby ratified, validated, approved and confirmed.5-29
2. The amendatory provisions of sections 1 to 8, inclusive, of this act5-30
do not apply to the obligations described in subsection 1.5-31
Sec. 10. This act becomes effective upon passage and approval.~