Senate Amendment to Senate Bill No. 473 (BDR 31-702)
Proposed by: Committee on Government Affairs
Amendment Box: Resolves conflict with A.B. No. 275. Makes substantive change.
Resolves Conflicts with: AB275
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.".
Amend section 1, page 1, by deleting lines 1 through 4 and inserting:
"Sec. 2.
1. If the executive director determines that a severe financial emergency which exists in a local government under management by the department is unlikely to cease to exist".Amend section 1, page 1, line 5, by deleting "
5" and inserting "3".Amend section 1, page 2, line 8, by deleting "
5" and inserting "3".Amend section 1, page 2, line 11, by deleting "
5" and inserting "3".Amend section 1, page 2, by deleting lines 39 through 42 and inserting:
"
disincorporation or dissolution of a local government that is:(a) Created by another local government, it must be disincorporated or dissolved:
(1) Pursuant to the applicable provisions of law; or
(2) If there are no specific provisions of law providing for the".
Amend section 1, page 3, line 11, after "
government." by inserting:"
Any other liabilities and any remaining assets shall revert to the entity that created the local government which is being disincorporated or dissolved.(b) Created by a special or local act of the legislature, it may only be disincorporated or dissolved by the legislature. The executive director shall submit notification of the vote approving the disincorporation or dissolution of the local government to the director of the legislative counsel bureau for transmittal to the legislature. At the first opportunity, the legislature shall consider the question of whether the special or local act will be repealed.
(c) Created in any other manner, it must be disincorporated or dissolved:
(1) Pursuant to the applicable provisions of law; or
(2) If there are no specific provisions of law providing for the disincorporation or dissolution of the local government, by the governing body of that local government. If, at the time of the disincorporation or dissolution of the local government pursuant to this paragraph, there are any outstanding loans or bonded indebtedness of the local government, including, without limitation, loans made to the local government by the county or counties in which the local government is located, the taxes for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the local government had not been disincorporated or dissolved until all outstanding indebtedness is repaid, but for all other purposes the local government shall be deemed disincorporated or dissolved at the time that the governing body of the local government disincorporates or dissolves the local government. Except as otherwise provided in this subparagraph, any other liabilities and any remaining assets of the local government shall revert to the board of county commissioners of the county in which the local government is located. If the local government is located in more than one county, the governing body of the local government shall apportion the remaining liabilities and assets among the boards of county commissioners of the counties in which the local government is located.
".Amend section 1, page 3, line 35, by deleting "
5" and inserting "3".Amend section 1, page 4, line 11, after "
9." by inserting:"
If any provisions providing generally for the disincorporation or dissolution of the local government require that the question of disincorporating or dissolving be published or submitted to a vote of the electors of the local government, the publication required by subsection 3 and the election required by subsection 4 satisfy those requirements. If:(a) There is any other conflict between the provisions of this section and any provisions providing generally for the disincorporation or dissolution of a local government; or
(b) The provisions providing generally for the disincorporation or dissolution of a local government provide additional rights to protest the disincorporation or dissolution of a local government not provided by this section,
the provisions of this section control a disincorporation or dissolution pursuant to this section and any person wishing to protest such a disincorporation or dissolution must proceed in accordance with the provisions of this section.10.".
Amend the bill as a whole by renumbering sec. 2 as sec. 5 and adding new sections designated sections 3 and 4, following section 1, to read as follows:
"Sec. 3.
The management of the department ceases at the time of the disincorporation or dissolution of a local government pursuant to section 2 of this act.Sec. 4.
NRS 354.59811 is hereby amended to read as follows:1. The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.".
Amend sec. 2, page 4, line 16, by deleting "section 1" and inserting:
"sections 2 and 3".
Amend the bill as a whole by renumbering sec. 3 as sec. 8 and adding new sections designated sections 6 and 7, following sec. 2, to read as follows:
"Sec. 6. NRS 354.695 is hereby amended to read as follows:
(a) Establish and implement a management policy and a financing plan for the local government;
(b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;
(c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;
(d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;
(e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;
(f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;
(g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;
(h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;
(i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;
(j) Meet with the creditors of the local government and formulate a debt liquidation program;
(k) Approve the issuance of bonds or other forms of indebtedness by the local government;
(l) Discharge any of the outstanding debts and obligations of the local government; and
(m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.
2. The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.
3. The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.
4. Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.
5. The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.
6. Except as otherwise provided in section 1 of [this act,] Assembly Bill No. 275 of this session and section 2 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.
Sec. 7. NRS 361.453 is hereby amended to read as follows:
Amend the title of the bill to read as follows: