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 and 3 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) Mortgage-backed pass-through securities guaranteed by the2-2
Federal National Mortgage Association, the Federal Home Loan2-3
Mortgage Corporation or the Government National Mortgage2-4
Association; or2-5
(e) Instruments in which the county is authorized by NRS 355.170 to2-6
invest.2-7
2. Collateral deposited by the depository bank, credit union or2-8
savings and loan association must be pledged with the county treasurer2-9
or with a Federal Home Loan Bank, or any insured bank, insured credit2-10
union or insured savings and loan association, other than the depository2-11
bank, credit union or savings and loan association, which will accept the2-12
securities in trust for the purposes of this section.2-13
3. The fair market value of the deposit of securities as collateral by2-14
each depository bank, credit union or savings and loan association must2-15
be at least 102 percent of the amount of the county treasurer’s deposit2-16
with the depository bank, credit union or association.2-17
4. All securities to be used as such collateral are subject to review by2-18
the county treasurer and the board of county commissioners. The2-19
depository bank, credit union or savings and loan association shall2-20
submit monthly reports to the county treasurer showing the securities2-21
which constitute the collateral and their fair market value.2-22
5. The county treasurer or the board of county commissioners may,2-23
from time to time, require the deposit of additional securities as collateral2-24
if, in their judgment, the additional securities are necessary to secure the2-25
county treasurer’s deposit.2-26
Sec. 3. 1. If an insured bank, insured credit union or insured2-27
savings and loan association fails to pay a deposit, or any part thereof,2-28
on demand of the county treasurer, the county treasurer, with the written2-29
approval of the board of county commissioners, forthwith shall:2-30
(a) Advertise the securities for sale for not less than 10 days in a2-31
newspaper of general circulation published within this state.2-32
(b) Sell the securities, or a sufficient amount thereof, to repay the2-33
deposit, at public or private sale to the highest and best bidder.2-34
(c) Apply the proceeds of the sale, including accrued interest, if any,2-35
toward the cancellation of the deposit.2-36
2. If there is an excess of the proceeds or of security, or both, after2-37
the satisfaction of the deposit, the excess must be returned to the2-38
depository bank, credit union or savings and loan association or its2-39
successor in interest.2-40
3. This section does not prevent the depository bank, credit union or2-41
savings and loan association, or the commissioner of financial2-42
institutions in charge thereof, or the legally constituted receiver or2-43
liquidator thereof from redeeming the securities within a reasonable3-1
time, as determined by the board of county commissioners, at such a3-2
price as will repay to the county treasurer the full amount of the deposit3-3
in the depository.3-4
Sec. 4. NRS 356.120 is hereby amended to read as follows: 356.120 With unanimous consent of his bondsmen, a county treasurer3-6
may:3-7
1. When one or more insured banks , insured credit unions or insured3-8
savings and loan associations are located in the county, deposit county3-9
3-10
associations3-11
2. When no such banks , credit unions or savings and loan3-12
associations exist in the county, deposit county3-13
insured bank, insured credit union or3-14
association in the State of Nevada in demand or time accounts.3-15
Sec. 5. NRS 356.125 is hereby amended to read as follows: 356.125 1. All money placed in3-17
insured credit unions or3-18
time accounts may be deposited only with the written consent of the board3-19
of county commissioners.3-20
2. The time accounts so established are subject to the applicable3-21
contract between the depository and the county.3-22
3-23
3-24
3-25
3. The provisions of this section do not require any depository to3-26
accept county deposits.3-27
Sec. 6. NRS 356.140 is hereby amended to read as follows: 356.140 1.3-29
authorized by NRS 356.120 and 356.125 must be kept in the name of the3-30
county in such manner as the board of county commissioners may3-31
prescribe.3-32
2. The3-33
3-34
of the bank, credit union or savings and loan association in which the3-35
money is deposited, and by oath of the county treasurer, may be3-36
accounted for by the county as cash.3-37
Sec. 7. NRS 356.150 is hereby amended to read as follows: 356.150 All money deposited in3-39
insured credit union or insured savings and loan association by the county3-40
treasurer may be drawn out by a check or order of the county treasurer at3-41
any time without previous notice, but no withdrawal of such a deposit3-42
3-43
4-1
1. A check or order4-2
auditor4-3
2. The warrant of the county auditor in the manner set forth in NRS4-4
356.180.4-5
Sec. 8. NRS 356.160 is hereby amended to read as follows: 356.160 A warrant of the county auditor4-7
of the county treasurer, and4-8
credit union or savings and loan association designated thereon,4-9
4-10
credit union or savings and loan association has been designated for4-11
payment thereof as provided in NRS 356.180.4-12
Sec. 9. NRS 356.170 is hereby amended to read as follows: 356.170 The county treasurer shall keep a register4-14
that shows separately the amount of county money on deposit with every4-15
insured depository bank , credit union or savings and loan association, and4-16
shall list separately each check or order drawn upon the respective4-17
depositories, numbering the checks or orders against each depository4-18
consecutively.4-19
Sec. 10. NRS 356.180 is hereby amended to read as follows: 356.1804-21
presented to the county treasurer for payment, the warrant becomes a4-22
check or order of the county treasurer if the county treasurer endorses4-23
thereon the name of the depository bank , credit union or insured savings4-24
and loan association, where payable, and a number, as provided in NRS4-25
356.170, and countersigns his name thereto as county treasurer.4-26
Sec. 11. NRS 356.190 is hereby amended to read as follows:4-27
356.190 1. Where the county treasurer, in accordance with the terms4-28
and provisions of NRS 356.120 to 356.180, inclusive, and sections 2 and 34-29
of this act, has deposited and kept on deposit any public4-30
in depositories so designated, he4-31
(a) Is not liable personally on or upon his official bond for any public4-32
4-33
any such depository .4-34
(b) Is chargeable with the safekeeping, management and disbursement4-35
of any bonds4-36
deposits of county4-37
the proceeds of any sale of such bonds.4-38
2. The county treasurer may deposit for safekeeping with an insured4-39
bank, insured credit union, insured savings and loan association or trust4-40
company within or without this state any securities or bonds pledged with4-41
him, as county treasurer, as collateral or as security for any purpose, but4-42
the securities or bonds may only be so deposited by him with the joint4-43
consent and approval, in writing, of the pledgor thereof and the board of5-1
county commissioners. Any bonds or securities so deposited by him must5-2
be deposited under a written deposit agreement between the pledgor and5-3
the county treasurer, to be held and released only upon a written order of5-4
the county treasurer that has been approved by the board of county5-5
commissioners.5-6
Sec. 12. NRS 356.200 is hereby amended to read as follows: 356.200 1. With unanimous consent of5-8
county5-9
deposit county money received5-10
the county officer in5-11
insured savings and loan association located in the State of Nevada.5-12
2.5-13
deposit has not been obtained, the bondsman must, upon giving notice as5-14
required by law, be released from all responsibility on the bond of5-15
5-16
3. The accounts must be kept in the name of the county in such5-17
manner as the board of county commissioners may prescribe.5-18
4. The5-19
5-20
officer5-21
association in which the money is deposited, and by oath of the county5-22
treasurer, may be5-23
5. All money deposited in any depository bank , credit union or5-24
savings and loan association by such a county officer may be drawn out by5-25
him on check or order payable only to the county treasurer or his order, but5-26
every county assessor may also withdraw money received in payment for5-27
license fees for motor vehicles by check or order payable to the department5-28
of motor vehicles and public safety, and may also withdraw money5-29
received in payment for use taxes for motor vehicles by check or order5-30
payable to the department of taxation.5-31
6. The county officer shall keep a register which shows the amount of5-32
county money on deposit and lists every check or order drawn upon the5-33
depository bank , credit union or savings and loan association, numbering5-34
the items consecutively.5-35
7. The county officer maintaining a deposit in any depository bank5-36
shall draw upon the deposit not later than the5-37
month and whenever the deposit exceeds $100 for the full amount of5-38
county money deposited therein, a withdrawal to be by check or order5-39
payable to the county treasurer, and shall thereupon deliver the withdrawal5-40
to the county treasurer.5-41
8. This section does not apply to any deposit made by the clerk of any5-42
court pursuant to NRS 355.210.6-1
Sec. 13. NRS 268.785 is hereby amended to read as follows: 268.785 1. After creation of the district, the council shall annually6-3
ascertain and include in its budget the total amount of money to be derived6-4
from assessments required to provide the higher level of police protection6-5
found beneficial to the public interest for the next ensuing fiscal year.6-6
2. The city council shall designate an existing citizens’ group within6-7
the area or create an advisory committee, to recommend to the council any6-8
appropriate changes in the level or kind of additional police protection to6-9
be provided in the district. The council shall consider these6-10
recommendations, and any others that may be offered by interested6-11
persons, at a public hearing before adopting its annual budget for the6-12
district.6-13
3. The total amount of money to be derived from assessments for the6-14
next ensuing fiscal year must be apportioned among the individual6-15
property owners in the district based upon the relative special benefit6-16
received by each property using an apportionment method approved by the6-17
city council. On or before April 20 of each year, a notice specifying the6-18
proposed amount of the assessment for the next ensuing fiscal year must be6-19
mailed to each property owner. The city council shall hold a public hearing6-20
concerning the assessments at the same time and place as the hearing on6-21
the tentative budget. The city council shall levy the assessments after the6-22
hearing but not later than June 1. The assessments so levied must be paid6-23
in6-24
paid pursuant to subsection 4 of NRS 361.483. Any installment payment6-25
that is not paid on or before the date on which it is due, together with any6-26
interest or penalty and the cost of collecting any such amounts, is a lien6-27
upon the property upon which it is levied equal in priority to a lien for6-28
general taxes and may be collected in the same manner.6-29
4. A district is not entitled to receive any distribution of supplemental6-30
city-county relief tax.6-31
Sec. 14. NRS 268.795 is hereby amended to read as follows: 268.795 1. After creation of the district, the council shall annually6-33
ascertain and include in its budget the total amount of money to be derived6-34
from assessments required to provide the maintenance found beneficial to6-35
the public interest for the next ensuing fiscal year.6-36
2. The city council shall designate an existing citizens’ group within6-37
the area or create an advisory committee, to recommend to the council any6-38
appropriate changes in the level or kind of maintenance to be provided in6-39
the district. The council shall consider these recommendations, and any6-40
others that may be offered by interested persons, at a public hearing before6-41
adopting its annual budget for the district.6-42
3. The total amount of money to be derived from assessments for the6-43
next ensuing fiscal year must be apportioned among the individual7-1
property owners in the district based upon the relative special benefit7-2
received by each property using an apportionment method approved by the7-3
city council. On or before April 20 of each year, a notice specifying the7-4
proposed amount of the assessment for the next ensuing fiscal year must be7-5
mailed to each property owner. The city council shall hold a public hearing7-6
concerning the assessments at the same time and place as the hearing on7-7
the tentative budget. The city council shall levy the assessments after the7-8
hearing but not later than June 1. The assessments so levied must be paid7-9
in7-10
paid pursuant to subsection 4 of NRS 361.483. Any installment payment7-11
that is not paid on or before the date on which it is due, together with any7-12
interest or penalty and the cost of collecting any such amounts, is a lien7-13
upon the property upon which it is levied equal in priority to a lien for7-14
general taxes and may be collected in the same manner.7-15
4. A district is not entitled to receive any distribution of supplemental7-16
city-county relief tax.7-17
Sec. 15. NRS 361.4547 is hereby amended to read as follows: 361.4547 1.7-19
for the various local governments as defined in NRS 354.474 and their7-20
submission to the department, for examination and approval, the Nevada7-21
tax commission shall certify to the board of county commissioners of each7-22
of the several counties the combined tax rate necessary to produce the7-23
amount of revenue required by the approved budgets, and shall certify that7-24
combined rate, to each of the boards of county commissioners.7-25
2. If the voters of a school district approve an additional levy of taxes7-26
ad valorem pursuant to NRS 387.3285 or 387.3287 or the issuance of7-27
bonds or other debt to be repaid by a levy of taxes ad valorem throughout7-28
the district, and the department finds for any fiscal year that the additional7-29
rate of tax required for this purpose, when added to the rates of taxes ad7-30
valorem authorized to be levied in the district by other local governments7-31
and the state for that fiscal year would cause the combined rate within the7-32
territory of any other local government to exceed the rate allowed by NRS7-33
361.453, the department shall determine:7-34
(a) The amounts by which the proposed levies for all of the other local7-35
governments whose rates affect the territory have increased from the7-36
previous year; and7-37
(b) The portion of the amount by which the combined rate would7-38
exceed the rate allowed by NRS 361.453 that is directly attributable to the7-39
additional levy approved by the voters for the school district.7-40
3. If the department determines that any portion of the amount by7-41
which the combined rate would exceed the rate allowed by NRS 361.453 is7-42
directly attributable to the additional levy approved by the voters for the7-43
school district, the school district shall:8-1
(a) Reduce for the fiscal year the amount levied pursuant to NRS8-2
387.3285 or 387.3287, or both, if the proceeds of the levy are not already8-3
committed for debt service, by the amount determined by the department8-4
to be directly attributable to the school district;8-5
(b) Transfer to the other local government whose rate overlaps in that8-6
territory an amount of money, determined by the department to be directly8-7
attributable to the school district, to reduce the combined rate to the rate8-8
allowed; or8-9
(c) Determine and implement a combination of the methods of8-10
reduction allowed by paragraphs (a) and (b) that will result in the reduction8-11
of the combined rate by the amount determined by the department to be8-12
directly attributable to the school district.8-13
4. If a school district determines that it will proceed pursuant to8-14
paragraph (b) or (c) of subsection 3, the department shall calculate the8-15
transfers so as to minimize the total amount transferred, and each local8-16
government to which a transfer is made shall correspondingly reduce its8-17
rate and file a revised budget within the time allowed by subsection 6 of8-18
NRS 361.455. The amounts transferred must be paid in8-19
installments, within 30 days after each8-20
taxes is due.8-21
Sec. 16. NRS 361.483 is hereby amended to read as follows: 361.483 1. Except as otherwise provided in subsection 4, taxes8-23
assessed upon the real property tax roll and upon mobile or manufactured8-24
homes are due on the third Monday of August.8-25
2. Taxes assessed upon the real property tax roll may be paid in four8-26
approximately equal installments if the taxes assessed on the parcel exceed8-27
$100.8-28
3. Taxes assessed upon a mobile or manufactured home may be paid8-29
in four8-30
4. If a person elects to pay in8-31
installment is due on the third Monday of August, the second installment8-32
on the first Monday of October, the third installment on the first Monday8-33
of January, and the fourth installment on the first Monday of March.8-34
5. If any person charged with taxes which are a lien on real property8-35
fails to pay:8-36
(a) Any one8-37
following the day the taxes become due, there must be added thereto a8-38
penalty of 4 percent.8-39
(b) Any two8-40
accumulated penalties, on or within 10 days following the day the later8-41
8-42
penalty of 5 percent of the two9-1
(c) Any three9-2
accumulated penalties, on or within 10 days following the day the latest9-3
9-4
penalty of 6 percent of the three9-5
(d) The full amount of the taxes, together with accumulated penalties,9-6
on or within 10 days following the first Monday of March, there must be9-7
added thereto a penalty of 7 percent of the full amount of the taxes.9-8
6. Any person charged with taxes which are a lien on a mobile or9-9
manufactured home who fails to pay the taxes within 10 days after the9-10
9-11
provisions:9-12
(a) A penalty of 10 percent of the taxes due;9-13
(b) An additional penalty of $3 per month or any portion thereof, until9-14
the taxes are paid; and9-15
(c) The county assessor may proceed under NRS 361.535.9-16
7. The ex officio tax receiver of a county shall notify each person in9-17
the county who is subject to a penalty pursuant to this section of the9-18
provisions of NRS 360.419 and 361.4835.9-19
Sec. 17. NRS 361.570 is hereby amended to read as follows: 361.570 1. Pursuant to the notice given as provided in NRS9-21
361.5648 and 361.565 and at the time stated in the notice, the tax receiver9-22
shall make out9-23
property on which delinquent taxes have not been paid. The certificate9-24
authorizes the county treasurer, as trustee for the state and county, to hold9-25
9-26
years after the first Monday in June of the year the certificate is dated,9-27
unless sooner redeemed.9-28
2. The certificate must specify:9-29
(a) The amount of delinquency9-30
amount and year of assessment;9-31
(b) The taxes , and the penalties and costs added thereto, on each9-32
property, and that interest on the taxes will be added at the rate of 109-33
percent per annum from the date due until paid; and9-34
(c) The name of the owner or taxpayer9-35
3. The certificate must state, and it is hereby provided:9-36
(a) That9-37
redeemed within 2 years9-38
and9-39
(b) That9-40
vests in the county for the benefit of the state and county.9-41
4. Until the expiration of the period of redemption,9-42
held pursuant to the certificate must be assessed annually to the county9-43
treasurer as trustee, and before the owner or his successor redeems the10-1
property he shall also pay the county treasurer holding the certificate any10-2
additional taxes assessed and accrued against the property after the date of10-3
the certificate, together with10-4
percent per annum from the date due until paid.10-5
5.10-6
to him10-7
treasurer may cause the certificate to be recorded in the office of the10-8
county recorder against each property described in the certificate to10-9
provide constructive notice of the amount of delinquent taxes on each10-10
property respectively. The certificate reflects the amount of delinquent10-11
taxes due on the properties described in the certificate on the date on10-12
which the certificate was recorded, and the certificate need not be10-13
amended subsequently to indicate the repayment of any of those10-14
delinquent taxes. The recording of the certificate does not affect the10-15
statutory lien for taxes provided in NRS 361.450.10-16
Sec. 18. NRS 361.575 is hereby amended to read as follows: 361.575 1. During the time10-18
10-19
chapter and until the expiration of the period of redemption10-20
10-21
property10-22
successors in office, in the same manner as the taxable property of private10-23
persons is assessed, except that10-24
must express that it is made against10-25
No proceedings10-26
taxes against the trustee.10-27
2.10-28
the taxes and costs legally chargeable against10-29
10-30
taxes and costs in full.10-31
Sec. 19. NRS 361.585 is hereby amended to read as follows: 361.585 1. When the time allowed by law for the redemption of a10-33
property described in a certificate has expired, and no redemption has10-34
been made, the tax receiver who issued the certificate, or his successor in10-35
office, shall execute and deliver to the county treasurer a deed of the10-36
property10-37
benefit of the state and county and any officers having fees due10-38
10-39
2. The county treasurer and his successors in office, upon obtaining a10-40
deed of any property in trust under the provisions of this chapter, shall hold10-41
that property in trust until it is sold or otherwise disposed of pursuant to the10-42
provisions of this chapter.11-1
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any11-2
time during the 90-day period specified in NRS 361.603, or before the11-3
public notice of sale by a county treasurer, pursuant to NRS 361.595, of11-4
any property held in trust by him by virtue of any deed made pursuant to11-5
the provisions of this chapter, any person11-6
subsection 4 is entitled to have11-7
payment to the county treasurer of an amount equal to the taxes accrued,11-8
together with any costs, penalties and interest legally chargeable against11-9
11-10
expiration of the 90-day period specified in NRS 361.603 or after11-11
commencement of posting or publication of public notice pursuant to NRS11-12
361.595.11-13
4. Property may be reconveyed pursuant to subsection 3 to one or11-14
more of the persons specified in the following categories, or to one or more11-15
persons within a particular category, as their interests may appear of11-16
record:11-17
(a) The owner.11-18
(b) The beneficiary under a deed of trust.11-19
(c) The mortgagee under a mortgage.11-20
(d) The person to whom the property was assessed.11-21
(e) The person holding a contract to purchase the property before its11-22
conveyance to the county treasurer.11-23
(f) The successor in interest of any person specified in this subsection.11-24
5. The provisions of this section apply to land held in trust by a county11-25
treasurer on or after April 17, 1971.11-26
Sec. 20. NRS 361.590 is hereby amended to read as follows: 361.590 1. If11-28
redeemed within the time allowed by law for its redemption, the tax11-29
receiver or his successor in office11-30
as trustee for the state and county a deed of the property, reciting in the11-31
deed substantially the matters contained in the certificate of sale or, in the11-32
case of a conveyance under NRS 361.604, the order of the board of county11-33
commissioners, and that no person has redeemed the property during the11-34
time allowed for its redemption.11-35
2. The deed must be recorded in the office of the county recorder11-36
within 30 days11-37
redemption.11-38
3. All such deeds are primary evidence that:11-39
(a) The property was assessed as required by law.11-40
(b) The property was equalized as required by law.11-41
(c) The taxes were levied in accordance with law.11-42
(d) The taxes were not paid.12-1
(e) At a proper time and place12-2
12-3
and by the proper officer.12-4
(f) The property was not redeemed.12-5
(g) The person who executed the deed was the proper officer.12-6
12-7
12-8
4. Such deeds are ,12-9
evidence of the regularity of all other proceedings, from the assessment by12-10
the county assessor12-11
5. The deed conveys to the county treasurer as trustee for the state and12-12
county the property described therein, free of all encumbrances, except any12-13
easements of record for public utility purposes, any lien for12-14
assessments by any irrigation or other district for irrigation or other district12-15
purposes, and any interest and penalties on the property, except when the12-16
land is owned by the United States or this state, in which case it is prima12-17
facie evidence of the right of possession accrued as of the date of the deed12-18
to the purchaser, but without prejudice to the lien for other taxes or12-19
assessments or the claim of any such district for interest or penalties.12-20
6. No tax assessed upon any property, or sale therefor, may be held12-21
invalid by any court of this state on account of:12-22
(a) Any irregularity in any assessment;12-23
(b) Any assessment or tax roll not having been made or proceeding had12-24
within the time required by law; or12-25
(c) Any other irregularity, informality, omission, mistake or want of any12-26
matter of form or substance in any proceedings which the legislature might12-27
have dispensed with in the first place if it had seen fit so to do, and that12-28
does not affect the substantial property rights of persons whose property is12-29
taxed.12-30
All such proceedings in assessing and levying taxes, and in the sale and12-31
conveyance therefor, must be presumed by all the courts of this state to be12-32
legal until the contrary is shown affirmatively.12-33
Sec. 21. NRS 361.595 is hereby amended to read as follows: 361.595 1. Any property held in trust by any county treasurer by12-35
virtue of any deed made pursuant to the provisions of this chapter may be12-36
sold and conveyed in the manner prescribed in this section and in NRS12-37
361.603 or conveyed without sale as provided in NRS 361.604.12-38
2. If the property is to be sold, the board of county commissioners may12-39
make an order, to be entered on the record of its proceedings, directing the12-40
county treasurer to sell the property particularly described therein, after12-41
giving notice of sale, for a total amount not less than the amount of the12-42
taxes, costs, penalties and interest legally chargeable against the property12-43
as stated in the order.13-1
3. Notice of the sale must be:13-2
(a) Posted in at least three public places in the county, including one at13-3
the courthouse and one on the property, not less than 20 days before the13-4
day of sale or, in lieu of such a posting, by publication of the notice for 2013-5
days in some newspaper published within the county, if the board of13-6
county commissioners so directs.13-7
(b) Mailed by certified mail, return receipt requested, not less than 9013-8
days before the sale, to the owner of the parcel as shown on the tax roll and13-9
to any person or governmental entity that appears in the records of the13-10
county to have a lien or other interest in the property. If the receipt is13-11
returned unsigned, the county treasurer must make a reasonable attempt to13-12
locate and notify the owner or other person or governmental entity before13-13
the sale.13-14
4. Upon compliance with such an order the county treasurer shall13-15
make, execute and deliver to any purchaser, upon payment to him, as13-16
trustee, of a consideration not less than that specified in the order, an13-17
absolute deed, discharged of any trust of the property mentioned in the13-18
order.13-19
5. Before delivering any such deed, the county treasurer shall record13-20
the deed at the expense of the purchaser.13-21
6. All such deeds, whether issued before, on or after July 1, 1955, are13-22
primary evidence13-23
(a) Of the regularity of all proceedings relating to the order of the board13-24
of county commissioners, the notice of sale and the sale of the property13-25
13-26
(b) That, if the real property was sold to pay taxes on personal13-27
property, the real property belonged to the person liable to pay the tax.13-28
7. No such deed may be executed and delivered by the county13-29
treasurer until he files at the expense of the purchaser, with the clerk of the13-30
board of county commissioners, proper affidavits of posting and of13-31
publication of the notice of sale, as the case may be, together with his13-32
return of sale, verified, showing compliance with the order of the board of13-33
county commissioners, which constitutes primary evidence of the facts13-34
recited therein.13-35
13-36
the county recorder, the deed, and all proceedings relating thereto, is void13-37
as against any subsequent purchaser in good faith and for a valuable13-38
consideration of the same property, or any portion thereof, when his own13-39
conveyance is first recorded.13-40
13-41
a record book in which must be indexed the name of each purchaser,13-42
together with the date of sale, a description of the property sold, a13-43
reference14-1
to the book and page of the minutes of the board of county commissioners14-2
where the order of sale is recorded, and the file number of the affidavits14-3
and return.14-4
Sec. 22. NRS 361.770 is hereby amended to read as follows: 361.770 1. If newly constructed real property is not assessed on the14-6
secured assessment roll for the current tax year and the roll has been closed14-7
pursuant to NRS 361.310, the county assessor of any county wherein the14-8
property is located shall assess the property as personal property and give14-9
his receipt for the taxes paid thereon in the amount received by him. If the14-10
amount of the taxes exceeds $100, they may be paid in14-11
installments as provided in NRS 361.483.14-12
2. An assessment may be made at any time between July 1 and14-13
December 15. The receipt issued by the county assessor must specify the14-14
description of the property, together with the year for which the tax is paid.14-15
3. Any taxes for property assessed pursuant to this section which14-16
become delinquent must be treated in the same manner as if the property14-17
had been placed on the secured roll.14-18
4. The receipt issued by the county assessor is conclusive evidence for14-19
the payment of all taxes against the property described for the year named14-20
on the receipt and is a complete defense to any action for taxes which may14-21
be brought for the period covered by the receipt.14-22
Sec. 23. NRS 474.510 is hereby amended to read as follows: 474.510 1. The board of fire commissioners shall prepare a budget14-24
for each district organized in accordance with NRS 474.460, estimating the14-25
amount of money which will be needed to defray the expenses of the14-26
district, and to meet unforeseen fire emergencies and determine the amount14-27
of a fire protection tax sufficient, together with the revenue which will14-28
result from application of the rate to the net proceeds of minerals, to raise14-29
such sums.14-30
2. At the time of making the levy of county taxes for the year, the14-31
board of county commissioners shall levy the tax provided by subsection 1,14-32
upon all property, both real and personal, subject to taxation within the14-33
boundaries of the district. Any tax levied on interstate or intercounty14-34
telephone lines, power lines and other public utility lines as authorized in14-35
this section must be based upon valuations established by the Nevada tax14-36
commission pursuant to the provisions of NRS 361.315 to 361.330,14-37
inclusive.14-38
3. The amount of tax to be collected for the purposes of this section14-39
must not exceed, in any 1 year, 1 percent of the value of the property14-40
described in subsection 2 and any net proceeds of minerals derived from14-41
within the boundaries of the district.14-42
4. If levied, the tax must be entered upon the assessment roll and14-43
collected in the same manner as state and county taxes. Taxes may be paid15-1
in four approximately equal installments at the times specified in NRS15-2
361.483 and the same penalties as specified in NRS 361.483 must be15-3
added for failure to pay the taxes.15-4
5. For the purposes of NRS 474.460 to 474.550, inclusive, the county15-5
treasurer shall keep two separate funds for each district, one to be known15-6
as the district fire protection operating fund and one to be known as the15-7
district fire emergency fund. The sums collected to defray the expenses of15-8
any district organized pursuant to NRS 474.460 must be deposited in the15-9
district fire protection operating fund, and the sums collected to meet15-10
unforeseen emergencies must be deposited in the district fire emergency15-11
fund. The district fire emergency fund must be used solely for emergencies15-12
and must not be used for regular operating expenses and must not exceed15-13
the sum of $50,000.~