Assembly Bill No. 375–Committee on Government Affairs
(On Behalf of County Fiscal Officers Association)
March 3, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Makes various changes relating to financial administration of counties. (BDR 31-289)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
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 356 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. 1. All money deposited by a county treasurer that is not1-4
within the limits of insurance provided by an instrumentality of the1-5
United States must be secured by collateral composed of the following1-6
types of securities:1-7
(a) United States treasury notes, bills, bonds or obligations as to which1-8
the full faith and credit of the United States are pledged for the payment1-9
of principal and interest, including the guaranteed portions of Small1-10
Business Administration loans if the full faith and credit of the United1-11
States is pledged for the payment of the principal and interest;1-12
(b) Bonds of this state;1-13
(c) Bonds of a county, municipality or school district within this state;2-1
(d) Promissory notes secured by first mortgages or first deeds of trust2-2
which meet the requirements of section 3 of this act;2-3
(e) Mortgage-backed pass-through securities guaranteed by the2-4
Federal National Mortgage Association, the Federal Home Loan2-5
Mortgage Corporation or the Government National Mortgage2-6
Association;2-7
(f) Collateralized mortgage obligations or real estate mortgage2-8
investment conduits that are rated "AAA," "Aaa" or the equivalent by a2-9
nationally recognized rating service; or2-10
(g) Instruments in which the county is permitted by NRS 355.170 to2-11
invest.2-12
2. Collateral deposited by the depository bank, credit union or2-13
savings and loan association must be pledged with the county treasurer2-14
or with a Federal Home Loan Bank, or any insured bank, insured credit2-15
union or insured savings and loan association, other than the depository2-16
bank, credit union or savings and loan association, which will accept the2-17
securities in trust for the purposes of this section.2-18
3. The fair market value of the deposit of securities as collateral by2-19
each depository bank, credit union or savings and loan association must2-20
be at least the amount of the county treasurer’s deposit with the2-21
depository bank, credit union or association. The fair market value of2-22
any collateral consisting of promissory notes with first mortgages or first2-23
deeds of trust shall be deemed to be 75 percent of the unpaid principal of2-24
the notes.2-25
4. All securities to be used as such collateral are subject to review by2-26
the county treasurer and the board of county commissioners. The2-27
depository bank, credit union or savings and loan association shall2-28
submit monthly reports to the county treasurer showing the securities2-29
which constitute the collateral and their fair market value.2-30
5. The county treasurer or the board of county commissioners may,2-31
from time to time, require the deposit of additional securities as collateral2-32
if, in their judgment, the additional securities are necessary to secure the2-33
county treasurer’s deposit.2-34
Sec. 3. 1. To be accepted as collateral for a deposit of money by2-35
the county treasurer, first mortgages or first deeds of trust must be on2-36
real property that is located in this state and is used for residences of2-37
single families.2-38
2. Each such first mortgage or first deed of trust must be2-39
accompanied by the promissory note that it secures.2-40
3. No first mortgage or first deed of trust may be accepted for such2-41
collateral if:2-42
(a) A payment on the related promissory note is more than 30 days2-43
past due;3-1
(b) A prior lien is on the mortgage or deed;3-2
(c) In the case of a mortgage, an action to foreclose has been3-3
commenced or, in the case of a deed of trust, a notice of default and3-4
election to sell has been recorded;3-5
(d) In the case of a loan which is not insured or guaranteed by the3-6
Federal Government, the initial amount lent was greater than 80 percent3-7
of the appraised value of the real property at the time the loan was made;3-8
(e) The loan has been outstanding for less than 1 year;3-9
(f) The grantor of the property resides on the property; or3-10
(g) The loan does not meet the requirements for eligibility of the3-11
Federal Home Loan Mortgage Corporation, the Federal National3-12
Mortgage Association or the Government National Mortgage3-13
Association, although it is not necessary that any of those agencies have3-14
participated in the loan.3-15
4. If any collateral consisting of a promissory note with a mortgage3-16
or deed of trust is found not to meet the requirements of this section, the3-17
depository bank, credit union or savings and loan association shall3-18
substitute a note of equal or greater value which does meet the3-19
requirements.3-20
5. The financial institution shall assign the pledged mortgages and3-21
deeds of trust to the depositor and deliver them with their promissory3-22
notes to the trust company. The assignment must be recorded when the3-23
financial institution fails to pay any part of the deposit for which the3-24
security is pledged.3-25
Sec. 4. 1. If an insured bank, insured credit union or insured3-26
savings and loan association fails to pay a deposit, or any part thereof,3-27
on demand of the county treasurer, the county treasurer, with the written3-28
approval of the board of county commissioners, forthwith shall:3-29
(a) Advertise the securities for sale for not less than 10 days in a3-30
newspaper of general circulation published within this state.3-31
(b) Sell the securities, or a sufficient amount thereof, to repay the3-32
deposit, at public or private sale to the highest and best bidder.3-33
(c) Apply the proceeds of the sale, including accrued interest, if any,3-34
toward the cancellation of the deposit.3-35
2. If there is an excess of the proceeds or of security, or both, after3-36
the satisfaction of the deposit, the excess must be returned to the3-37
depository bank, credit union or savings and loan association or its3-38
successor in interest.3-39
3. This section does not prevent the depository bank, credit union or3-40
savings and loan association, or the commissioner of financial3-41
institutions in charge thereof, or the legally constituted receiver or3-42
liquidator thereof from redeeming the securities within a reasonable4-1
time, as determined by the board of county commissioners, at such a4-2
price as will repay to the county treasurer the full amount of the deposit4-3
in the depository.4-4
Sec. 5. NRS 356.120 is hereby amended to read as follows: 356.120 With unanimous consent of his bondsmen, a county treasurer4-6
may:4-7
1. When one or more insured banks , insured credit unions or insured4-8
savings and loan associations are located in the county, deposit county4-9
4-10
associations4-11
2. When no such banks , credit unions or savings and loan4-12
associations exist in the county, deposit county4-13
insured bank, insured credit union or4-14
association in the State of Nevada in demand or time accounts.4-15
Sec. 6. NRS 356.125 is hereby amended to read as follows: 356.125 1. All money placed in4-17
insured credit unions or4-18
time accounts may be deposited only with the written consent of the board4-19
of county commissioners.4-20
2. The time accounts so established are subject to the applicable4-21
contract between the depository and the county.4-22
4-23
4-24
4-25
3. The provisions of this section do not require any depository to4-26
accept county deposits.4-27
Sec. 7. NRS 356.140 is hereby amended to read as follows: 356.140 1.4-29
authorized by NRS 356.120 and 356.125 must be kept in the name of the4-30
county in such manner as the board of county commissioners may4-31
prescribe.4-32
2. The4-33
4-34
of the bank, credit union or savings and loan association in which the4-35
money is deposited, and by oath of the county treasurer, may be4-36
accounted for by the county as cash.4-37
Sec. 8. NRS 356.150 is hereby amended to read as follows: 356.150 All money deposited in4-39
insured credit union or insured savings and loan association by the county4-40
treasurer may be drawn out by a check or order of the county treasurer at4-41
any time without previous notice, but no withdrawal of such a deposit4-42
4-43
5-1
1. A check or order5-2
auditor5-3
2. The warrant of the county auditor in the manner set forth in NRS5-4
356.180.5-5
Sec. 9. NRS 356.160 is hereby amended to read as follows: 356.160 A warrant of the county auditor5-7
of the county treasurer, and5-8
credit union or savings and loan association designated thereon,5-9
5-10
credit union or savings and loan association has been designated for5-11
payment thereof as provided in NRS 356.180.5-12
Sec. 10. NRS 356.170 is hereby amended to read as follows: 356.170 The county treasurer shall keep a register5-14
that shows separately the amount of county money on deposit with every5-15
insured depository bank , credit union or savings and loan association, and5-16
shall list separately each check or order drawn upon the respective5-17
depositories, numbering the checks or orders against each depository5-18
consecutively.5-19
Sec. 11. NRS 356.180 is hereby amended to read as follows: 356.1805-21
presented to the county treasurer for payment, the warrant becomes a5-22
check or order of the county treasurer if the county treasurer endorses5-23
thereon the name of the depository bank , credit union or insured savings5-24
and loan association, where payable, and a number, as provided in NRS5-25
356.170, and countersigns his name thereto as county treasurer.5-26
Sec. 12. NRS 356.190 is hereby amended to read as follows:5-27
356.190 1. Where the county treasurer, in accordance with the terms5-28
and provisions of NRS 356.120 to 356.180, inclusive, and sections 2, 35-29
and 4 of this act, has deposited and kept on deposit any public5-30
money in depositories so designated, he5-31
(a) Is not liable personally on or upon his official bond for any public5-32
5-33
any such depository .5-34
(b) Is chargeable with the safekeeping, management and disbursement5-35
of any bonds5-36
deposits of county5-37
the proceeds of any sale of such bonds.5-38
2. The county treasurer may deposit for safekeeping with an insured5-39
bank, insured credit union, insured savings and loan association or trust5-40
company within or without this state any securities or bonds pledged with5-41
him, as county treasurer, as collateral or as security for any purpose, but5-42
the securities or bonds may only be so deposited by him with the joint5-43
consent and approval, in writing, of the pledgor thereof and the board of6-1
county commissioners. Any bonds or securities so deposited by him must6-2
be deposited under a written deposit agreement between the pledgor and6-3
the county treasurer, to be held and released only upon a written order of6-4
the county treasurer that has been approved by the board of county6-5
commissioners.6-6
Sec. 13. NRS 356.200 is hereby amended to read as follows: 356.200 1. With unanimous consent of6-8
county6-9
deposit county money received6-10
the county officer in6-11
insured savings and loan association located in the State of Nevada.6-12
2.6-13
deposit has not been obtained, the bondsman must, upon giving notice as6-14
required by law, be released from all responsibility on the bond of6-15
6-16
3. The accounts must be kept in the name of the county in such6-17
manner as the board of county commissioners may prescribe.6-18
4. The6-19
6-20
officer6-21
association in which the money is deposited, and by oath of the county6-22
treasurer, may be6-23
5. All money deposited in any depository bank , credit union or6-24
savings and loan association by such a county officer may be drawn out by6-25
him on check or order payable only to the county treasurer or his order, but6-26
every county assessor may also withdraw money received in payment for6-27
license fees for motor vehicles by check or order payable to the department6-28
of motor vehicles and public safety, and may also withdraw money6-29
received in payment for use taxes for motor vehicles by check or order6-30
payable to the department of taxation.6-31
6. The county officer shall keep a register which shows the amount of6-32
county money on deposit and lists every check or order drawn upon the6-33
depository bank , credit union or savings and loan association, numbering6-34
the items consecutively.6-35
7. The county officer maintaining a deposit in any depository bank6-36
shall draw upon the deposit not later than the6-37
month and whenever the deposit exceeds $100 for the full amount of6-38
county money deposited therein, a withdrawal to be by check or order6-39
payable to the county treasurer, and shall thereupon deliver the withdrawal6-40
to the county treasurer.6-41
8. This section does not apply to any deposit made by the clerk of any6-42
court pursuant to NRS 355.210.7-1
Sec. 14. NRS 268.785 is hereby amended to read as follows: 268.785 1. After creation of the district, the council shall annually7-3
ascertain and include in its budget the total amount of money to be derived7-4
from assessments required to provide the higher level of police protection7-5
found beneficial to the public interest for the next ensuing fiscal year.7-6
2. The city council shall designate an existing citizens’ group within7-7
the area or create an advisory committee, to recommend to the council any7-8
appropriate changes in the level or kind of additional police protection to7-9
be provided in the district. The council shall consider these7-10
recommendations, and any others that may be offered by interested7-11
persons, at a public hearing before adopting its annual budget for the7-12
district.7-13
3. The total amount of money to be derived from assessments for the7-14
next ensuing fiscal year must be apportioned among the individual7-15
property owners in the district based upon the relative special benefit7-16
received by each property using an apportionment method approved by the7-17
city council. On or before April 20 of each year, a notice specifying the7-18
proposed amount of the assessment for the next ensuing fiscal year must be7-19
mailed to each property owner. The city council shall hold a public hearing7-20
concerning the assessments at the same time and place as the hearing on7-21
the tentative budget. The city council shall levy the assessments after the7-22
hearing but not later than June 1. The assessments so levied must be paid7-23
in7-24
paid pursuant to subsection 4 of NRS 361.483. Any installment payment7-25
that is not paid on or before the date on which it is due, together with any7-26
interest or penalty and the cost of collecting any such amounts, is a lien7-27
upon the property upon which it is levied equal in priority to a lien for7-28
general taxes and may be collected in the same manner.7-29
4. A district is not entitled to receive any distribution of supplemental7-30
city-county relief tax.7-31
Sec. 15. NRS 268.795 is hereby amended to read as follows: 268.795 1. After creation of the district, the council shall annually7-33
ascertain and include in its budget the total amount of money to be derived7-34
from assessments required to provide the maintenance found beneficial to7-35
the public interest for the next ensuing fiscal year.7-36
2. The city council shall designate an existing citizens’ group within7-37
the area or create an advisory committee, to recommend to the council any7-38
appropriate changes in the level or kind of maintenance to be provided in7-39
the district. The council shall consider these recommendations, and any7-40
others that may be offered by interested persons, at a public hearing before7-41
adopting its annual budget for the district.7-42
3. The total amount of money to be derived from assessments for the7-43
next ensuing fiscal year must be apportioned among the individual8-1
property owners in the district based upon the relative special benefit8-2
received by each property using an apportionment method approved by the8-3
city council. On or before April 20 of each year, a notice specifying the8-4
proposed amount of the assessment for the next ensuing fiscal year must be8-5
mailed to each property owner. The city council shall hold a public hearing8-6
concerning the assessments at the same time and place as the hearing on8-7
the tentative budget. The city council shall levy the assessments after the8-8
hearing but not later than June 1. The assessments so levied must be paid8-9
in8-10
paid pursuant to subsection 4 of NRS 361.483. Any installment payment8-11
that is not paid on or before the date on which it is due, together with any8-12
interest or penalty and the cost of collecting any such amounts, is a lien8-13
upon the property upon which it is levied equal in priority to a lien for8-14
general taxes and may be collected in the same manner.8-15
4. A district is not entitled to receive any distribution of supplemental8-16
city-county relief tax.8-17
Sec. 16. NRS 361.4547 is hereby amended to read as follows: 361.4547 1.8-19
for the various local governments as defined in NRS 354.474 and their8-20
submission to the department, for examination and approval, the Nevada8-21
tax commission shall certify to the board of county commissioners of each8-22
of the several counties the combined tax rate necessary to produce the8-23
amount of revenue required by the approved budgets, and shall certify that8-24
combined rate, to each of the boards of county commissioners.8-25
2. If the voters of a school district approve an additional levy of taxes8-26
ad valorem pursuant to NRS 387.3285 or 387.3287 or the issuance of8-27
bonds or other debt to be repaid by a levy of taxes ad valorem throughout8-28
the district, and the department finds for any fiscal year that the additional8-29
rate of tax required for this purpose, when added to the rates of taxes ad8-30
valorem authorized to be levied in the district by other local governments8-31
and the state for that fiscal year would cause the combined rate within the8-32
territory of any other local government to exceed the rate allowed by NRS8-33
361.453, the department shall determine:8-34
(a) The amounts by which the proposed levies for all of the other local8-35
governments whose rates affect the territory have increased from the8-36
previous year; and8-37
(b) The portion of the amount by which the combined rate would8-38
exceed the rate allowed by NRS 361.453 that is directly attributable to the8-39
additional levy approved by the voters for the school district.8-40
3. If the department determines that any portion of the amount by8-41
which the combined rate would exceed the rate allowed by NRS 361.453 is8-42
directly attributable to the additional levy approved by the voters for the8-43
school district, the school district shall:9-1
(a) Reduce for the fiscal year the amount levied pursuant to NRS9-2
387.3285 or 387.3287, or both, if the proceeds of the levy are not already9-3
committed for debt service, by the amount determined by the department9-4
to be directly attributable to the school district;9-5
(b) Transfer to the other local government whose rate overlaps in that9-6
territory an amount of money, determined by the department to be directly9-7
attributable to the school district, to reduce the combined rate to the rate9-8
allowed; or9-9
(c) Determine and implement a combination of the methods of9-10
reduction allowed by paragraphs (a) and (b) that will result in the reduction9-11
of the combined rate by the amount determined by the department to be9-12
directly attributable to the school district.9-13
4. If a school district determines that it will proceed pursuant to9-14
paragraph (b) or (c) of subsection 3, the department shall calculate the9-15
transfers so as to minimize the total amount transferred, and each local9-16
government to which a transfer is made shall correspondingly reduce its9-17
rate and file a revised budget within the time allowed by subsection 6 of9-18
NRS 361.455. The amounts transferred must be paid in9-19
installments, within 30 days after each9-20
taxes is due.9-21
Sec. 17. NRS 361.483 is hereby amended to read as follows: 361.483 1. Except as otherwise provided in subsection 4, taxes9-23
assessed upon the real property tax roll and upon mobile or manufactured9-24
homes are due on the third Monday of August.9-25
2. Taxes assessed upon the real property tax roll may be paid in four9-26
equal installments if the taxes assessed on the parcel exceed $100.9-27
3. Taxes assessed upon a mobile or manufactured home may be paid9-28
in four9-29
4. If a person elects to pay in9-30
installment is due on the third Monday of August, the second installment9-31
on the first Monday of October, the third installment on the first Monday9-32
of January, and the fourth installment on the first Monday of March.9-33
5. If any person charged with taxes which are a lien on real property9-34
fails to pay:9-35
(a) Any one9-36
following the day the taxes become due, there must be added thereto a9-37
penalty of 4 percent.9-38
(b) Any two9-39
accumulated penalties, on or within 10 days following the day the later9-40
9-41
penalty of 5 percent of the two10-1
(c) Any three10-2
accumulated penalties, on or within 10 days following the day the latest10-3
10-4
penalty of 6 percent of the three10-5
(d) The full amount of the taxes, together with accumulated penalties,10-6
on or within 10 days following the first Monday of March, there must be10-7
added thereto a penalty of 7 percent of the full amount of the taxes.10-8
6. Any person charged with taxes which are a lien on a mobile or10-9
manufactured home who fails to pay the taxes within 10 days after the10-10
10-11
provisions:10-12
(a) A penalty of 10 percent of the taxes due;10-13
(b) An additional penalty of $3 per month or any portion thereof, until10-14
the taxes are paid; and10-15
(c) The county assessor may proceed under NRS 361.535.10-16
7. The ex officio tax receiver of a county shall notify each person in10-17
the county who is subject to a penalty pursuant to this section of the10-18
provisions of NRS 360.419 and 361.4835.10-19
Sec. 18. NRS 361.570 is hereby amended to read as follows: 361.570 1. Pursuant to the notice given as provided in NRS10-21
361.5648 and 361.565 and at the time stated in the notice, the tax receiver10-22
shall make out10-23
property on which delinquent taxes have not been paid. The certificate10-24
authorizes the county treasurer, as trustee for the state and county, to hold10-25
10-26
years after the first Monday in June of the year the certificate is dated,10-27
unless sooner redeemed.10-28
2. The certificate must specify:10-29
(a) The amount of delinquency10-30
amount and year of assessment;10-31
(b) The taxes , and the penalties and costs added thereto, on each10-32
property, and that interest on the taxes will be added at the rate of 1010-33
percent per annum from the date due until paid; and10-34
(c) The name of the owner or taxpayer10-35
3. The certificate must state, and it is hereby provided:10-36
(a) That10-37
redeemed within 2 years10-38
and10-39
(b) That10-40
vests in the county for the benefit of the state and county.10-41
4. Until the expiration of the period of redemption,10-42
held pursuant to the certificate must be assessed annually to the county10-43
treasurer as trustee, and before the owner or his successor redeems the11-1
property he shall also pay the county treasurer holding the certificate any11-2
additional taxes assessed and accrued against the property after the date of11-3
the certificate, together with11-4
percent per annum from the date due until paid.11-5
5.11-6
to him11-7
treasurer shall cause the certificate to be recorded in the office of the11-8
county recorder against each property described in the certificate solely11-9
to provide constructive notice of the amount of delinquent taxes on each11-10
property respectively. The recording of the certificate does not constitute11-11
a lien against any property described in the certificate and does not affect11-12
the statutory lien for taxes provided in NRS 361.450.11-13
Sec. 19. NRS 361.575 is hereby amended to read as follows: 361.575 1. During the time11-15
11-16
chapter and until the expiration of the period of redemption11-17
11-18
property11-19
successors in office, in the same manner as the taxable property of private11-20
persons is assessed, except that11-21
must express that it is made against11-22
No proceedings11-23
taxes against the trustee.11-24
2.11-25
the taxes and costs legally chargeable against11-26
11-27
taxes and costs in full.11-28
Sec. 20. NRS 361.585 is hereby amended to read as follows: 361.585 1. When the time allowed by law for the redemption of a11-30
property described in a certificate has expired, and no redemption has11-31
been made, the tax receiver who issued the certificate, or his successor in11-32
office, shall execute and deliver to the county treasurer a deed of the11-33
property11-34
benefit of the state and county and any officers having fees due11-35
11-36
2. The county treasurer and his successors in office, upon obtaining a11-37
deed of any property in trust under the provisions of this chapter, shall hold11-38
that property in trust until it is sold or otherwise disposed of pursuant to the11-39
provisions of this chapter.11-40
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any11-41
time during the 90-day period specified in NRS 361.603, or before the11-42
public notice of sale by a county treasurer, pursuant to NRS 361.595, of11-43
any property held in trust by him by virtue of any deed made pursuant to12-1
the provisions of this chapter, any person12-2
subsection 4 is entitled to have12-3
payment to the county treasurer of an amount equal to the taxes accrued,12-4
together with any costs, penalties and interest legally chargeable against12-5
12-6
expiration of the 90-day period specified in NRS 361.603 or after12-7
commencement of posting or publication of public notice pursuant to NRS12-8
361.595.12-9
4. Property may be reconveyed pursuant to subsection 3 to one or12-10
more of the persons specified in the following categories, or to one or more12-11
persons within a particular category, as their interests may appear of12-12
record:12-13
(a) The owner.12-14
(b) The beneficiary under a deed of trust.12-15
(c) The mortgagee under a mortgage.12-16
(d) The person to whom the property was assessed.12-17
(e) The person holding a contract to purchase the property before its12-18
conveyance to the county treasurer.12-19
(f) The successor in interest of any person specified in this subsection.12-20
5. The provisions of this section apply to land held in trust by a county12-21
treasurer on or after April 17, 1971.12-22
Sec. 21. NRS 361.590 is hereby amended to read as follows: 361.590 1. If12-24
redeemed within the time allowed by law for its redemption, the tax12-25
receiver or his successor in office12-26
as trustee for the state and county a deed of the property, reciting in the12-27
deed substantially the matters contained in the certificate of sale or, in the12-28
case of a conveyance under NRS 361.604, the order of the board of county12-29
commissioners, and that no person has redeemed the property during the12-30
time allowed for its redemption.12-31
2. The deed must be recorded in the office of the county recorder12-32
within 30 days12-33
redemption.12-34
3. All such deeds are primary evidence that:12-35
(a) The property was assessed as required by law.12-36
(b) The property was equalized as required by law.12-37
(c) The taxes were levied in accordance with law.12-38
(d) The taxes were not paid.12-39
(e) At a proper time and place12-40
12-41
and by the proper officer.12-42
(f) The property was not redeemed.13-1
(g) The person who executed the deed was the proper officer.13-2
13-3
13-4
4. Such deeds are ,13-5
evidence of the regularity of all other proceedings, from the assessment by13-6
the county assessor13-7
5. The deed conveys to the county treasurer as trustee for the state and13-8
county the property described therein, free of all encumbrances, except any13-9
easements of record for public utility purposes, any lien for13-10
assessments by any irrigation or other district for irrigation or other district13-11
purposes, and any interest and penalties on the property, except when the13-12
land is owned by the United States or this state, in which case it is prima13-13
facie evidence of the right of possession accrued as of the date of the deed13-14
to the purchaser, but without prejudice to the lien for other taxes or13-15
assessments or the claim of any such district for interest or penalties.13-16
6. No tax assessed upon any property, or sale therefor, may be held13-17
invalid by any court of this state on account of:13-18
(a) Any irregularity in any assessment;13-19
(b) Any assessment or tax roll not having been made or proceeding had13-20
within the time required by law; or13-21
(c) Any other irregularity, informality, omission, mistake or want of any13-22
matter of form or substance in any proceedings which the legislature might13-23
have dispensed with in the first place if it had seen fit so to do, and that13-24
does not affect the substantial property rights of persons whose property is13-25
taxed.13-26
All such proceedings in assessing and levying taxes, and in the sale and13-27
conveyance therefor, must be presumed by all the courts of this state to be13-28
legal until the contrary is shown affirmatively.13-29
Sec. 22. NRS 361.595 is hereby amended to read as follows: 361.595 1. Any property held in trust by any county treasurer by13-31
virtue of any deed made pursuant to the provisions of this chapter may be13-32
sold and conveyed in the manner prescribed in this section and in NRS13-33
361.603 or conveyed without sale as provided in NRS 361.604.13-34
2. If the property is to be sold, the board of county commissioners may13-35
make an order, to be entered on the record of its proceedings, directing the13-36
county treasurer to sell the property particularly described therein, after13-37
giving notice of sale, for a total amount not less than the amount of the13-38
taxes, costs, penalties and interest legally chargeable against the property13-39
as stated in the order.13-40
3. Notice of the sale must be:14-1
(a) Posted in at least three public places in the county, including one at14-2
the courthouse and one on the property, not less than 20 days before the14-3
day of sale or, in lieu of such a posting, by publication of the notice for 2014-4
days in some newspaper published within the county, if the board of14-5
county commissioners so directs.14-6
(b) Mailed by certified mail, return receipt requested, not less than 9014-7
days before the sale, to the owner of the parcel as shown on the tax roll and14-8
to any person or governmental entity that appears in the records of the14-9
county to have a lien or other interest in the property. If the receipt is14-10
returned unsigned, the county treasurer must make a reasonable attempt to14-11
locate and notify the owner or other person or governmental entity before14-12
the sale.14-13
4. Upon compliance with such an order the county treasurer shall14-14
make, execute and deliver to any purchaser, upon payment to him, as14-15
trustee, of a consideration not less than that specified in the order, an14-16
absolute deed, discharged of any trust of the property mentioned in the14-17
order.14-18
5. Before delivering any such deed, the county treasurer shall record14-19
the deed at the expense of the purchaser.14-20
6. All such deeds, whether issued before, on or after July 1, 1955, are14-21
primary evidence14-22
(a) Of the regularity of all proceedings relating to the order of the board14-23
of county commissioners, the notice of sale and the sale of the property14-24
14-25
(b) That, if the real property was sold to pay taxes on personal14-26
property, the real property belonged to the person liable to pay the tax.14-27
7. No such deed may be executed and delivered by the county14-28
treasurer until he files at the expense of the purchaser, with the clerk of the14-29
board of county commissioners, proper affidavits of posting and of14-30
publication of the notice of sale, as the case may be, together with his14-31
return of sale, verified, showing compliance with the order of the board of14-32
county commissioners, which constitutes primary evidence of the facts14-33
recited therein.14-34
14-35
the county recorder, the deed, and all proceedings relating thereto, is void14-36
as against any subsequent purchaser in good faith and for a valuable14-37
consideration of the same property, or any portion thereof, when his own14-38
conveyance is first recorded.14-39
14-40
a record book in which must be indexed the name of each purchaser,14-41
together with the date of sale, a description of the property sold, a14-42
reference15-1
to the book and page of the minutes of the board of county commissioners15-2
where the order of sale is recorded, and the file number of the affidavits15-3
and return.15-4
Sec. 23. NRS 361.770 is hereby amended to read as follows: 361.770 1. If newly constructed real property is not assessed on the15-6
secured assessment roll for the current tax year and the roll has been closed15-7
pursuant to NRS 361.310, the county assessor of any county wherein the15-8
property is located shall assess the property as personal property and give15-9
his receipt for the taxes paid thereon in the amount received by him. If the15-10
amount of the taxes exceeds $100, they may be paid in15-11
installments as provided in NRS 361.483.15-12
2. An assessment may be made at any time between July 1 and15-13
December 15. The receipt issued by the county assessor must specify the15-14
description of the property, together with the year for which the tax is paid.15-15
3. Any taxes for property assessed pursuant to this section which15-16
become delinquent must be treated in the same manner as if the property15-17
had been placed on the secured roll.15-18
4. The receipt issued by the county assessor is conclusive evidence for15-19
the payment of all taxes against the property described for the year named15-20
on the receipt and is a complete defense to any action for taxes which may15-21
be brought for the period covered by the receipt.15-22
Sec. 24. NRS 474.510 is hereby amended to read as follows: 474.510 1. The board of fire commissioners shall prepare a budget15-24
for each district organized in accordance with NRS 474.460, estimating the15-25
amount of money which will be needed to defray the expenses of the15-26
district, and to meet unforeseen fire emergencies and determine the amount15-27
of a fire protection tax sufficient, together with the revenue which will15-28
result from application of the rate to the net proceeds of minerals, to raise15-29
such sums.15-30
2. At the time of making the levy of county taxes for the year, the15-31
board of county commissioners shall levy the tax provided by subsection 1,15-32
upon all property, both real and personal, subject to taxation within the15-33
boundaries of the district. Any tax levied on interstate or intercounty15-34
telephone lines, power lines and other public utility lines as authorized in15-35
this section must be based upon valuations established by the Nevada tax15-36
commission pursuant to the provisions of NRS 361.315 to 361.330,15-37
inclusive.15-38
3. The amount of tax to be collected for the purposes of this section15-39
must not exceed, in any 1 year, 1 percent of the value of the property15-40
described in subsection 2 and any net proceeds of minerals derived from15-41
within the boundaries of the district.16-1
4. If levied, the tax must be entered upon the assessment roll and16-2
collected in the same manner as state and county taxes. Taxes may be paid16-3
in four approximately equal installments at the times specified in NRS16-4
361.483 and the same penalties as specified in NRS 361.483 must be16-5
added for failure to pay the taxes.16-6
5. For the purposes of NRS 474.460 to 474.550, inclusive, the county16-7
treasurer shall keep two separate funds for each district, one to be known16-8
as the district fire protection operating fund and one to be known as the16-9
district fire emergency fund. The sums collected to defray the expenses of16-10
any district organized pursuant to NRS 474.460 must be deposited in the16-11
district fire protection operating fund, and the sums collected to meet16-12
unforeseen emergencies must be deposited in the district fire emergency16-13
fund. The district fire emergency fund must be used solely for emergencies16-14
and must not be used for regular operating expenses and must not exceed16-15
the sum of $50,000.~