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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to counties; requiring that uninsured deposits by a county treasurer be secured by certain collateral; providing a procedure for the sale of such collateral if the depository fails to pay a deposit upon demand; authorizing the deposit of county money in insured credit unions; clarifying that property taxes are not paid quarterly; providing for the listing on one trustee certificate issued by a county tax receiver of all properties on which taxes are delinquent; providing for the recording of the certificate against each property described in the certificate; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 not

1-4 within the limits of insurance provided by an instrumentality of the

1-5 United States must be secured by collateral composed of the following

1-6 types of securities:

1-7 (a) United States treasury notes, bills, bonds or obligations as to which

1-8 the full faith and credit of the United States are pledged for the payment

1-9 of principal and interest, including the guaranteed portions of Small

1-10 Business Administration loans if the full faith and credit of the United

1-11 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 trust

2-2 which meet the requirements of section 3 of this act;

2-3 (e) Mortgage-backed pass-through securities guaranteed by the

2-4 Federal National Mortgage Association, the Federal Home Loan

2-5 Mortgage Corporation or the Government National Mortgage

2-6 Association;

2-7 (f) Collateralized mortgage obligations or real estate mortgage

2-8 investment conduits that are rated "AAA," "Aaa" or the equivalent by a

2-9 nationally recognized rating service; or

2-10 (g) Instruments in which the county is permitted by NRS 355.170 to

2-11 invest.

2-12 2. Collateral deposited by the depository bank, credit union or

2-13 savings and loan association must be pledged with the county treasurer

2-14 or with a Federal Home Loan Bank, or any insured bank, insured credit

2-15 union or insured savings and loan association, other than the depository

2-16 bank, credit union or savings and loan association, which will accept the

2-17 securities in trust for the purposes of this section.

2-18 3. The fair market value of the deposit of securities as collateral by

2-19 each depository bank, credit union or savings and loan association must

2-20 be at least the amount of the county treasurer’s deposit with the

2-21 depository bank, credit union or association. The fair market value of

2-22 any collateral consisting of promissory notes with first mortgages or first

2-23 deeds of trust shall be deemed to be 75 percent of the unpaid principal of

2-24 the notes.

2-25 4. All securities to be used as such collateral are subject to review by

2-26 the county treasurer and the board of county commissioners. The

2-27 depository bank, credit union or savings and loan association shall

2-28 submit monthly reports to the county treasurer showing the securities

2-29 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 collateral

2-32 if, in their judgment, the additional securities are necessary to secure the

2-33 county treasurer’s deposit.

2-34 Sec. 3. 1. To be accepted as collateral for a deposit of money by

2-35 the county treasurer, first mortgages or first deeds of trust must be on

2-36 real property that is located in this state and is used for residences of

2-37 single families.

2-38 2. Each such first mortgage or first deed of trust must be

2-39 accompanied by the promissory note that it secures.

2-40 3. No first mortgage or first deed of trust may be accepted for such

2-41 collateral if:

2-42 (a) A payment on the related promissory note is more than 30 days

2-43 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 been

3-3 commenced or, in the case of a deed of trust, a notice of default and

3-4 election to sell has been recorded;

3-5 (d) In the case of a loan which is not insured or guaranteed by the

3-6 Federal Government, the initial amount lent was greater than 80 percent

3-7 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; or

3-10 (g) The loan does not meet the requirements for eligibility of the

3-11 Federal Home Loan Mortgage Corporation, the Federal National

3-12 Mortgage Association or the Government National Mortgage

3-13 Association, although it is not necessary that any of those agencies have

3-14 participated in the loan.

3-15 4. If any collateral consisting of a promissory note with a mortgage

3-16 or deed of trust is found not to meet the requirements of this section, the

3-17 depository bank, credit union or savings and loan association shall

3-18 substitute a note of equal or greater value which does meet the

3-19 requirements.

3-20 5. The financial institution shall assign the pledged mortgages and

3-21 deeds of trust to the depositor and deliver them with their promissory

3-22 notes to the trust company. The assignment must be recorded when the

3-23 financial institution fails to pay any part of the deposit for which the

3-24 security is pledged.

3-25 Sec. 4. 1. If an insured bank, insured credit union or insured

3-26 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 written

3-28 approval of the board of county commissioners, forthwith shall:

3-29 (a) Advertise the securities for sale for not less than 10 days in a

3-30 newspaper of general circulation published within this state.

3-31 (b) Sell the securities, or a sufficient amount thereof, to repay the

3-32 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, after

3-36 the satisfaction of the deposit, the excess must be returned to the

3-37 depository bank, credit union or savings and loan association or its

3-38 successor in interest.

3-39 3. This section does not prevent the depository bank, credit union or

3-40 savings and loan association, or the commissioner of financial

3-41 institutions in charge thereof, or the legally constituted receiver or

3-42 liquidator thereof from redeeming the securities within a reasonable

4-1 time, as determined by the board of county commissioners, at such a

4-2 price as will repay to the county treasurer the full amount of the deposit

4-3 in the depository.

4-4 Sec. 5. NRS 356.120 is hereby amended to read as follows:

4-5 356.120 With unanimous consent of his bondsmen, a county treasurer

4-6 may:

4-7 1. When one or more insured banks , insured credit unions or insured

4-8 savings and loan associations are located in the county, deposit county

4-9 [funds] money in such insured banks , credit unions or savings and loan

4-10 associations [,] in demand or time accounts.

4-11 2. When no such banks , credit unions or savings and loan

4-12 associations exist in the county, deposit county [funds with] money in any

4-13 insured bank, insured credit union or [any] insured savings and loan

4-14 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:

4-16 356.125 1. All money placed in [any] insured depository banks,

4-17 insured credit unions or [any] insured savings and loan associations in

4-18 time accounts may be deposited only with the written consent of the board

4-19 of county commissioners.

4-20 2. The time accounts so established are subject to the applicable

4-21 contract between the depository and the county. [The contract may provide

4-22 that money deposited by the county treasurer in time accounts be secured

4-23 by the same types of collateral and in the same manner as allowed for

4-24 securing deposits of the state treasurer under NRS 356.020 and 356.025.]

4-25 3. The provisions of this section do not require any depository to

4-26 accept county deposits.

4-27 Sec. 7. NRS 356.140 is hereby amended to read as follows:

4-28 356.140 1. [Such accounts shall] Demand or time accounts

4-29 authorized by NRS 356.120 and 356.125 must be kept in the name of the

4-30 county in such manner as the board of county commissioners may

4-31 prescribe.

4-32 2. The [balances] balance in each such [insured banks or savings and

4-33 loan associations,] account, as certified to by the proper officer [thereof,]

4-34 of the bank, credit union or savings and loan association in which the

4-35 money is deposited, and by oath of the county treasurer, may be [counted]

4-36 accounted for by the county as cash.

4-37 Sec. 8. NRS 356.150 is hereby amended to read as follows:

4-38 356.150 All money deposited in [any depository] an insured bank ,

4-39 insured credit union or insured savings and loan association by the county

4-40 treasurer may be drawn out by a check or order of the county treasurer at

4-41 any time without previous notice, but no withdrawal of such a deposit [or

4-42 deposits, except by the county auditor’s warrant in the manner set forth in

4-43 NRS 356.180,] may be made by the county treasurer except by [a] :

5-1 1. A check or order [which] that has been countersigned by the county

5-2 auditor [.] ; or

5-3 2. The warrant of the county auditor in the manner set forth in NRS

5-4 356.180.

5-5 Sec. 9. NRS 356.160 is hereby amended to read as follows:

5-6 356.160 A warrant of the county auditor [shall be] is a check or order

5-7 of the county treasurer, and [shall] must be paid by the depository bank ,

5-8 credit union or savings and loan association designated thereon, [when

5-9 registered,] if the warrant is registered and countersigned, and the bank ,

5-10 credit union or savings and loan association has been designated for

5-11 payment thereof as provided in NRS 356.180.

5-12 Sec. 10. NRS 356.170 is hereby amended to read as follows:

5-13 356.170 The county treasurer shall keep a register [which shall show]

5-14 that shows separately the amount of county money on deposit with every

5-15 insured depository bank , credit union or savings and loan association, and

5-16 shall list separately each check or order drawn upon the respective

5-17 depositories, numbering the checks or orders against each depository

5-18 consecutively.

5-19 Sec. 11. NRS 356.180 is hereby amended to read as follows:

5-20 356.180 [Whenever any] If a warrant of the county auditor is

5-21 presented to the county treasurer for payment, the warrant becomes a

5-22 check or order of the county treasurer if the county treasurer endorses

5-23 thereon the name of the depository bank , credit union or insured savings

5-24 and loan association, where payable, and a number, as provided in NRS

5-25 356.170, 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 terms

5-28 and provisions of NRS 356.120 to 356.180, inclusive, and sections 2, 3

5-29 and 4 of this act, has deposited and kept on deposit any public [moneys]

5-30 money in depositories so designated, he [shall not be] :

5-31 (a) Is not liable personally on or upon his official bond for any public

5-32 [moneys] money that may be lost by reason of the failure or insolvency of

5-33 any such depository . [; but the county treasurer shall be]

5-34 (b) Is chargeable with the safekeeping, management and disbursement

5-35 of any bonds [which] that may be deposited with him as security for

5-36 deposits of county [moneys,] money, and with interest thereon, and with

5-37 the proceeds of any sale of such bonds.

5-38 2. The county treasurer may deposit for safekeeping with an insured

5-39 bank, insured credit union, insured savings and loan association or trust

5-40 company within or without this state any securities or bonds pledged with

5-41 him, as county treasurer, as collateral or as security for any purpose, but

5-42 the securities or bonds may only be so deposited by him with the joint

5-43 consent and approval, in writing, of the pledgor thereof and the board of

6-1 county commissioners. Any bonds or securities so deposited by him must

6-2 be deposited under a written deposit agreement between the pledgor and

6-3 the county treasurer, to be held and released only upon a written order of

6-4 the county treasurer that has been approved by the board of county

6-5 commissioners.

6-6 Sec. 13. NRS 356.200 is hereby amended to read as follows:

6-7 356.200 1. With unanimous consent of [their] his bondsmen, a

6-8 county [officers,] officer, other than a county [treasurers,] treasurer, may

6-9 deposit county money received [in their respective offices] by the office of

6-10 the county officer in [any] an insured bank, insured credit union or [any]

6-11 insured savings and loan association located in the State of Nevada.

6-12 2. [Whenever] If the written consent of any bondsman to such a

6-13 deposit has not been obtained, the bondsman must, upon giving notice as

6-14 required by law, be released from all responsibility on the bond of [such

6-15 an] the officer.

6-16 3. The accounts must be kept in the name of the county in such

6-17 manner as the board of county commissioners may prescribe.

6-18 4. The [balances in the insured banks or savings and loan

6-19 associations,] balance in each such account, as certified by the proper

6-20 officer [thereof,] of the bank, credit union or savings and loan

6-21 association in which the money is deposited, and by oath of the county

6-22 treasurer, may be [counted] accounted for by the county as cash.

6-23 5. All money deposited in any depository bank , credit union or

6-24 savings and loan association by such a county officer may be drawn out by

6-25 him on check or order payable only to the county treasurer or his order, but

6-26 every county assessor may also withdraw money received in payment for

6-27 license fees for motor vehicles by check or order payable to the department

6-28 of motor vehicles and public safety, and may also withdraw money

6-29 received in payment for use taxes for motor vehicles by check or order

6-30 payable to the department of taxation.

6-31 6. The county officer shall keep a register which shows the amount of

6-32 county money on deposit and lists every check or order drawn upon the

6-33 depository bank , credit union or savings and loan association, numbering

6-34 the items consecutively.

6-35 7. The county officer maintaining a deposit in any depository bank

6-36 shall draw upon the deposit not later than the [1st] first Monday of each

6-37 month and whenever the deposit exceeds $100 for the full amount of

6-38 county money deposited therein, a withdrawal to be by check or order

6-39 payable to the county treasurer, and shall thereupon deliver the withdrawal

6-40 to the county treasurer.

6-41 8. This section does not apply to any deposit made by the clerk of any

6-42 court pursuant to NRS 355.210.

7-1 Sec. 14. NRS 268.785 is hereby amended to read as follows:

7-2 268.785 1. After creation of the district, the council shall annually

7-3 ascertain and include in its budget the total amount of money to be derived

7-4 from assessments required to provide the higher level of police protection

7-5 found beneficial to the public interest for the next ensuing fiscal year.

7-6 2. The city council shall designate an existing citizens’ group within

7-7 the area or create an advisory committee, to recommend to the council any

7-8 appropriate changes in the level or kind of additional police protection to

7-9 be provided in the district. The council shall consider these

7-10 recommendations, and any others that may be offered by interested

7-11 persons, at a public hearing before adopting its annual budget for the

7-12 district.

7-13 3. The total amount of money to be derived from assessments for the

7-14 next ensuing fiscal year must be apportioned among the individual

7-15 property owners in the district based upon the relative special benefit

7-16 received by each property using an apportionment method approved by the

7-17 city council. On or before April 20 of each year, a notice specifying the

7-18 proposed amount of the assessment for the next ensuing fiscal year must be

7-19 mailed to each property owner. The city council shall hold a public hearing

7-20 concerning the assessments at the same time and place as the hearing on

7-21 the tentative budget. The city council shall levy the assessments after the

7-22 hearing but not later than June 1. The assessments so levied must be paid

7-23 in [quarterly] installments on or before the dates specified for installments

7-24 paid pursuant to subsection 4 of NRS 361.483. Any installment payment

7-25 that is not paid on or before the date on which it is due, together with any

7-26 interest or penalty and the cost of collecting any such amounts, is a lien

7-27 upon the property upon which it is levied equal in priority to a lien for

7-28 general taxes and may be collected in the same manner.

7-29 4. A district is not entitled to receive any distribution of supplemental

7-30 city-county relief tax.

7-31 Sec. 15. NRS 268.795 is hereby amended to read as follows:

7-32 268.795 1. After creation of the district, the council shall annually

7-33 ascertain and include in its budget the total amount of money to be derived

7-34 from assessments required to provide the maintenance found beneficial to

7-35 the public interest for the next ensuing fiscal year.

7-36 2. The city council shall designate an existing citizens’ group within

7-37 the area or create an advisory committee, to recommend to the council any

7-38 appropriate changes in the level or kind of maintenance to be provided in

7-39 the district. The council shall consider these recommendations, and any

7-40 others that may be offered by interested persons, at a public hearing before

7-41 adopting its annual budget for the district.

7-42 3. The total amount of money to be derived from assessments for the

7-43 next ensuing fiscal year must be apportioned among the individual

8-1 property owners in the district based upon the relative special benefit

8-2 received by each property using an apportionment method approved by the

8-3 city council. On or before April 20 of each year, a notice specifying the

8-4 proposed amount of the assessment for the next ensuing fiscal year must be

8-5 mailed to each property owner. The city council shall hold a public hearing

8-6 concerning the assessments at the same time and place as the hearing on

8-7 the tentative budget. The city council shall levy the assessments after the

8-8 hearing but not later than June 1. The assessments so levied must be paid

8-9 in [quarterly] installments on or before the dates specified for installments

8-10 paid pursuant to subsection 4 of NRS 361.483. Any installment payment

8-11 that is not paid on or before the date on which it is due, together with any

8-12 interest or penalty and the cost of collecting any such amounts, is a lien

8-13 upon the property upon which it is levied equal in priority to a lien for

8-14 general taxes and may be collected in the same manner.

8-15 4. A district is not entitled to receive any distribution of supplemental

8-16 city-county relief tax.

8-17 Sec. 16. NRS 361.4547 is hereby amended to read as follows:

8-18 361.4547 1. [Subsequent to] After the approval of the final budgets

8-19 for the various local governments as defined in NRS 354.474 and their

8-20 submission to the department, for examination and approval, the Nevada

8-21 tax commission shall certify to the board of county commissioners of each

8-22 of the several counties the combined tax rate necessary to produce the

8-23 amount of revenue required by the approved budgets, and shall certify that

8-24 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 taxes

8-26 ad valorem pursuant to NRS 387.3285 or 387.3287 or the issuance of

8-27 bonds or other debt to be repaid by a levy of taxes ad valorem throughout

8-28 the district, and the department finds for any fiscal year that the additional

8-29 rate of tax required for this purpose, when added to the rates of taxes ad

8-30 valorem authorized to be levied in the district by other local governments

8-31 and the state for that fiscal year would cause the combined rate within the

8-32 territory of any other local government to exceed the rate allowed by NRS

8-33 361.453, the department shall determine:

8-34 (a) The amounts by which the proposed levies for all of the other local

8-35 governments whose rates affect the territory have increased from the

8-36 previous year; and

8-37 (b) The portion of the amount by which the combined rate would

8-38 exceed the rate allowed by NRS 361.453 that is directly attributable to the

8-39 additional levy approved by the voters for the school district.

8-40 3. If the department determines that any portion of the amount by

8-41 which the combined rate would exceed the rate allowed by NRS 361.453 is

8-42 directly attributable to the additional levy approved by the voters for the

8-43 school district, the school district shall:

9-1 (a) Reduce for the fiscal year the amount levied pursuant to NRS

9-2 387.3285 or 387.3287, or both, if the proceeds of the levy are not already

9-3 committed for debt service, by the amount determined by the department

9-4 to be directly attributable to the school district;

9-5 (b) Transfer to the other local government whose rate overlaps in that

9-6 territory an amount of money, determined by the department to be directly

9-7 attributable to the school district, to reduce the combined rate to the rate

9-8 allowed; or

9-9 (c) Determine and implement a combination of the methods of

9-10 reduction allowed by paragraphs (a) and (b) that will result in the reduction

9-11 of the combined rate by the amount determined by the department to be

9-12 directly attributable to the school district.

9-13 4. If a school district determines that it will proceed pursuant to

9-14 paragraph (b) or (c) of subsection 3, the department shall calculate the

9-15 transfers so as to minimize the total amount transferred, and each local

9-16 government to which a transfer is made shall correspondingly reduce its

9-17 rate and file a revised budget within the time allowed by subsection 6 of

9-18 NRS 361.455. The amounts transferred must be paid in [quarterly]

9-19 installments, within 30 days after each [quarterly] installment of property

9-20 taxes is due.

9-21 Sec. 17. NRS 361.483 is hereby amended to read as follows:

9-22 361.483 1. Except as otherwise provided in subsection 4, taxes

9-23 assessed upon the real property tax roll and upon mobile or manufactured

9-24 homes are due on the third Monday of August.

9-25 2. Taxes assessed upon the real property tax roll may be paid in four

9-26 equal installments if the taxes assessed on the parcel exceed $100.

9-27 3. Taxes assessed upon a mobile or manufactured home may be paid

9-28 in four [equal] installments if the taxes assessed exceed $100.

9-29 4. If a person elects to pay in [quarterly] installments, the first

9-30 installment is due on the third Monday of August, the second installment

9-31 on the first Monday of October, the third installment on the first Monday

9-32 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 property

9-34 fails to pay:

9-35 (a) Any one [quarter] installment of the taxes on or within 10 days

9-36 following the day the taxes become due, there must be added thereto a

9-37 penalty of 4 percent.

9-38 (b) Any two [quarters] installments of the taxes, together with

9-39 accumulated penalties, on or within 10 days following the day the later

9-40 [quarter] installment of taxes becomes due, there must be added thereto a

9-41 penalty of 5 percent of the two [quarters] installments due.

10-1 (c) Any three [quarters] installments of the taxes, together with

10-2 accumulated penalties, on or within 10 days following the day the latest

10-3 [quarter] installment of taxes becomes due, there must be added thereto a

10-4 penalty of 6 percent of the three [quarters] installments due.

10-5 (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 be

10-7 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 or

10-9 manufactured home who fails to pay the taxes within 10 days after the

10-10 [quarterly] installment payment is due is subject to the following

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, until

10-14 the taxes are paid; and

10-15 (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 in

10-17 the county who is subject to a penalty pursuant to this section of the

10-18 provisions of NRS 360.419 and 361.4835.

10-19 Sec. 18. NRS 361.570 is hereby amended to read as follows:

10-20 361.570 1. Pursuant to the notice given as provided in NRS

10-21 361.5648 and 361.565 and at the time stated in the notice, the tax receiver

10-22 shall make out [his certificate authorizing] a certificate that describes each

10-23 property on which delinquent taxes have not been paid. The certificate

10-24 authorizes the county treasurer, as trustee for the state and county, to hold

10-25 [the] each property described in the [notice] certificate for the period of 2

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 delinquency [,] on each property, including the

10-30 amount and year of assessment;

10-31 (b) The taxes , and the penalties and costs added thereto, on each

10-32 property, and that interest on the taxes will be added at the rate of 10

10-33 percent per annum from the date due until paid; and

10-34 (c) The name of the owner or taxpayer [,] of each property, if known.

10-35 3. The certificate must state, and it is hereby provided:

10-36 (a) That [the] each property described in the certificate may be

10-37 redeemed within 2 years [from its date;] after the date of the certificate;

10-38 and

10-39 (b) That [if not redeemed,] the title to [the] each property not redeemed

10-40 vests in the county for the benefit of the state and county.

10-41 4. Until the expiration of the period of redemption, [the] each property

10-42 held pursuant to the certificate must be assessed annually to the county

10-43 treasurer as trustee, and before the owner or his successor redeems the

11-1 property he shall also pay the county treasurer holding the certificate any

11-2 additional taxes assessed and accrued against the property after the date of

11-3 the certificate, together with [the] interest on the taxes at the rate of 10

11-4 percent per annum from the date due until paid.

11-5 5. [The] A county treasurer shall take [certificates] a certificate issued

11-6 to him [under the provisions of] pursuant to this section. The county

11-7 treasurer shall cause the certificate to be recorded in the office of the

11-8 county recorder against each property described in the certificate solely

11-9 to provide constructive notice of the amount of delinquent taxes on each

11-10 property respectively. The recording of the certificate does not constitute

11-11 a lien against any property described in the certificate and does not affect

11-12 the statutory lien for taxes provided in NRS 361.450.

11-13 Sec. 19. NRS 361.575 is hereby amended to read as follows:

11-14 361.575 1. During the time [the] a county treasurer holds

11-15 [certificates] a certificate for any property under the provisions of this

11-16 chapter and until the expiration of the period of redemption [limited

11-17 therein,] specified in the certificate with respect to the property, the

11-18 property [shall] must be assessed annually to the county treasurer, and his

11-19 successors in office, in the same manner as the taxable property of private

11-20 persons is assessed, except that [such assessment shall] the assessment

11-21 must express that it is made against [him] the county treasurer as a trustee.

11-22 No proceedings [shall] may be taken to enforce the collection of [such] the

11-23 taxes against the trustee.

11-24 2. [When] If the property is sold or rented for sufficient money to pay

11-25 the taxes and costs legally chargeable against [such property, then the same

11-26 shall be fully paid by the trustee.] the property, the trustee shall pay the

11-27 taxes and costs in full.

11-28 Sec. 20. NRS 361.585 is hereby amended to read as follows:

11-29 361.585 1. When the time allowed by law for the redemption of a

11-30 property described in a certificate has expired, and no redemption has

11-31 been made, the tax receiver who issued the certificate, or his successor in

11-32 office, shall execute and deliver to the county treasurer a deed of the

11-33 property [described in each respective certificate] in trust for the use and

11-34 benefit of the state and county and any officers having fees due [him in

11-35 such cases.] them.

11-36 2. The county treasurer and his successors in office, upon obtaining a

11-37 deed of any property in trust under the provisions of this chapter, shall hold

11-38 that property in trust until it is sold or otherwise disposed of pursuant to the

11-39 provisions of this chapter.

11-40 3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any

11-41 time during the 90-day period specified in NRS 361.603, or before the

11-42 public notice of sale by a county treasurer, pursuant to NRS 361.595, of

11-43 any property held in trust by him by virtue of any deed made pursuant to

12-1 the provisions of this chapter, any person [or persons] specified in

12-2 subsection 4 is entitled to have [such] the property reconveyed upon

12-3 payment to the county treasurer of an amount equal to the taxes accrued,

12-4 together with any costs, penalties and interest legally chargeable against

12-5 [such] the property. A reconveyance [shall] may not be made after

12-6 expiration of the 90-day period specified in NRS 361.603 or after

12-7 commencement of posting or publication of public notice pursuant to NRS

12-8 361.595.

12-9 4. Property may be reconveyed pursuant to subsection 3 to one or

12-10 more of the persons specified in the following categories, or to one or more

12-11 persons within a particular category, as their interests may appear of

12-12 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 its

12-18 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 county

12-21 treasurer on or after April 17, 1971.

12-22 Sec. 21. NRS 361.590 is hereby amended to read as follows:

12-23 361.590 1. If [the] a property described in a certificate is not

12-24 redeemed within the time allowed by law for its redemption, the tax

12-25 receiver or his successor in office [must] shall make to the county treasurer

12-26 as trustee for the state and county a deed of the property, reciting in the

12-27 deed substantially the matters contained in the certificate of sale or, in the

12-28 case of a conveyance under NRS 361.604, the order of the board of county

12-29 commissioners, and that no person has redeemed the property during the

12-30 time allowed for its redemption.

12-31 2. The deed must be recorded in the office of the county recorder

12-32 within 30 days [from] after the date of expiration of the period of

12-33 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 place [the property was sold or otherwise

12-40 disposed of] a certificate of delinquency was filed as prescribed by law,

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 [(h) Where the real estate was sold to pay taxes on personal property,

13-3 the real estate belonged to the person liable to pay the tax.]

13-4 4. Such deeds are , [(] except as against actual fraud , [)] conclusive

13-5 evidence of the regularity of all other proceedings, from the assessment by

13-6 the county assessor [up] to the execution of the deed.

13-7 5. The deed conveys to the county treasurer as trustee for the state and

13-8 county the property described therein, free of all encumbrances, except any

13-9 easements of record for public utility purposes, any lien for [any] taxes or

13-10 assessments by any irrigation or other district for irrigation or other district

13-11 purposes, and any interest and penalties on the property, except when the

13-12 land is owned by the United States or this state, in which case it is prima

13-13 facie evidence of the right of possession accrued as of the date of the deed

13-14 to the purchaser, but without prejudice to the lien for other taxes or

13-15 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 held

13-17 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 had

13-20 within the time required by law; or

13-21 (c) Any other irregularity, informality, omission, mistake or want of any

13-22 matter of form or substance in any proceedings which the legislature might

13-23 have dispensed with in the first place if it had seen fit so to do, and that

13-24 does not affect the substantial property rights of persons whose property is

13-25 taxed.

13-26 All such proceedings in assessing and levying taxes, and in the sale and

13-27 conveyance therefor, must be presumed by all the courts of this state to be

13-28 legal until the contrary is shown affirmatively.

13-29 Sec. 22. NRS 361.595 is hereby amended to read as follows:

13-30 361.595 1. Any property held in trust by any county treasurer by

13-31 virtue of any deed made pursuant to the provisions of this chapter may be

13-32 sold and conveyed in the manner prescribed in this section and in NRS

13-33 361.603 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 may

13-35 make an order, to be entered on the record of its proceedings, directing the

13-36 county treasurer to sell the property particularly described therein, after

13-37 giving notice of sale, for a total amount not less than the amount of the

13-38 taxes, costs, penalties and interest legally chargeable against the property

13-39 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 at

14-2 the courthouse and one on the property, not less than 20 days before the

14-3 day of sale or, in lieu of such a posting, by publication of the notice for 20

14-4 days in some newspaper published within the county, if the board of

14-5 county commissioners so directs.

14-6 (b) Mailed by certified mail, return receipt requested, not less than 90

14-7 days before the sale, to the owner of the parcel as shown on the tax roll and

14-8 to any person or governmental entity that appears in the records of the

14-9 county to have a lien or other interest in the property. If the receipt is

14-10 returned unsigned, the county treasurer must make a reasonable attempt to

14-11 locate and notify the owner or other person or governmental entity before

14-12 the sale.

14-13 4. Upon compliance with such an order the county treasurer shall

14-14 make, execute and deliver to any purchaser, upon payment to him, as

14-15 trustee, of a consideration not less than that specified in the order, an

14-16 absolute deed, discharged of any trust of the property mentioned in the

14-17 order.

14-18 5. Before delivering any such deed, the county treasurer shall record

14-19 the deed at the expense of the purchaser.

14-20 6. All such deeds, whether issued before, on or after July 1, 1955, are

14-21 primary evidence [of] :

14-22 (a) Of the regularity of all proceedings relating to the order of the board

14-23 of county commissioners, the notice of sale and the sale of the property [,

14-24 but no] ; and

14-25 (b) That, if the real property was sold to pay taxes on personal

14-26 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 county

14-28 treasurer until he files at the expense of the purchaser, with the clerk of the

14-29 board of county commissioners, proper affidavits of posting and of

14-30 publication of the notice of sale, as the case may be, together with his

14-31 return of sale, verified, showing compliance with the order of the board of

14-32 county commissioners, which constitutes primary evidence of the facts

14-33 recited therein.

14-34 [7.] 8. If the deed when regularly issued is not recorded in the office of

14-35 the county recorder, the deed, and all proceedings relating thereto, is void

14-36 as against any subsequent purchaser in good faith and for a valuable

14-37 consideration of the same property, or any portion thereof, when his own

14-38 conveyance is first recorded.

14-39 [8.] 9. The board of county commissioners shall provide its clerk with

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, a

14-42 reference

15-1 to the book and page of the minutes of the board of county commissioners

15-2 where the order of sale is recorded, and the file number of the affidavits

15-3 and return.

15-4 Sec. 23. NRS 361.770 is hereby amended to read as follows:

15-5 361.770 1. If newly constructed real property is not assessed on the

15-6 secured assessment roll for the current tax year and the roll has been closed

15-7 pursuant to NRS 361.310, the county assessor of any county wherein the

15-8 property is located shall assess the property as personal property and give

15-9 his receipt for the taxes paid thereon in the amount received by him. If the

15-10 amount of the taxes exceeds $100, they may be paid in [quarterly]

15-11 installments as provided in NRS 361.483.

15-12 2. An assessment may be made at any time between July 1 and

15-13 December 15. The receipt issued by the county assessor must specify the

15-14 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 which

15-16 become delinquent must be treated in the same manner as if the property

15-17 had been placed on the secured roll.

15-18 4. The receipt issued by the county assessor is conclusive evidence for

15-19 the payment of all taxes against the property described for the year named

15-20 on the receipt and is a complete defense to any action for taxes which may

15-21 be brought for the period covered by the receipt.

15-22 Sec. 24. NRS 474.510 is hereby amended to read as follows:

15-23 474.510 1. The board of fire commissioners shall prepare a budget

15-24 for each district organized in accordance with NRS 474.460, estimating the

15-25 amount of money which will be needed to defray the expenses of the

15-26 district, and to meet unforeseen fire emergencies and determine the amount

15-27 of a fire protection tax sufficient, together with the revenue which will

15-28 result from application of the rate to the net proceeds of minerals, to raise

15-29 such sums.

15-30 2. At the time of making the levy of county taxes for the year, the

15-31 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 the

15-33 boundaries of the district. Any tax levied on interstate or intercounty

15-34 telephone lines, power lines and other public utility lines as authorized in

15-35 this section must be based upon valuations established by the Nevada tax

15-36 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 section

15-39 must not exceed, in any 1 year, 1 percent of the value of the property

15-40 described in subsection 2 and any net proceeds of minerals derived from

15-41 within the boundaries of the district.

16-1 4. If levied, the tax must be entered upon the assessment roll and

16-2 collected in the same manner as state and county taxes. Taxes may be paid

16-3 in four approximately equal installments at the times specified in NRS

16-4 361.483 and the same penalties as specified in NRS 361.483 must be

16-5 added for failure to pay the taxes.

16-6 5. For the purposes of NRS 474.460 to 474.550, inclusive, the county

16-7 treasurer shall keep two separate funds for each district, one to be known

16-8 as the district fire protection operating fund and one to be known as the

16-9 district fire emergency fund. The sums collected to defray the expenses of

16-10 any district organized pursuant to NRS 474.460 must be deposited in the

16-11 district fire protection operating fund, and the sums collected to meet

16-12 unforeseen emergencies must be deposited in the district fire emergency

16-13 fund. The district fire emergency fund must be used solely for emergencies

16-14 and must not be used for regular operating expenses and must not exceed

16-15 the sum of $50,000.

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