Senate Amendment to Senate Bill No. 530 (BDR 21-26)
Proposed by: Committee on Government Affairs
Amendment Box:
Amends: Summary: Title: Yes 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 section 1, page 1, by deleting lines 1 and 2 and inserting:
"Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.".
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 5 as sections 2 through 4.
Amend sec. 3, page 1, line 9, after "
the" by inserting "commercial improvement".Amend sec. 3, page 1, line 17, by deleting "
city." and inserting "municipality.".Amend sec. 4, page 2, line 3, by deleting "
16" and inserting "10".Amend sec. 5, page 2, by deleting line 5 and inserting:
"Sec. 4.
"Commercial improvement district" means a district created by a governing body to provide activities or".Amend the bill as a whole by deleting sections 6 and 7 and renumbering sec. 8 as sec. 5.
Amend sec. 8, page 2, line 26, after "
of a" by inserting "commercial improvement".Amend the bill as a whole by deleting sec. 9 and renumbering sections 10 and 11 as sections 6 and 7.
Amend sec. 10, pages 2 and 3, by deleting lines 30 through 42 on page 2 and lines 1 and 2 on page 3, and inserting:
"Sec. 6.
1. A municipality may create one or more commercial improvement districts pursuant to sections 2 to 15, inclusive, of this act. The boundaries of a proposed commercial improvement district may not overlap the boundaries of an existing commercial improvement district, but this section does not prohibit the boundaries of a commercial improvement district from overlapping the boundaries of other assessment districts established pursuant to this chapter or taxing districts established pursuant to other provisions of law.2. Creation of a commercial improvement district may be initiated by filing with the clerk a plan and petition signed by owners of tracts constituting at least one-half of the basis used for the computation of assessments as set forth in the plan. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.".
Amend sec. 11, page 3, by deleting lines 3 through 10 and inserting:
"Sec. 7.
1. The governing board, or the petitioners, shall prepare and file with the clerk a plan which contains:".Amend sec. 11, page 3, line 11, by deleting "
(d)" and inserting "(a)".Amend sec. 11, page 3, line 12, after "
of the" by inserting "commercial improvement".Amend sec. 11, page 3, line 13, by deleting "
(e)" and inserting "(b)".Amend sec. 11, page 3, line 16, by deleting "
5 years" and inserting "year".Amend sec. 11, page 3, by deleting lines 18 through 31 and inserting:
"
(c) A list of any other special assessments that are currently being levied within the proposed district.(d) The name of any proposed association.
".Amend sec. 11, page 3, line 32, by deleting "
(l)" and inserting "(e)".Amend the bill as a whole by deleting sec. 12 and renumbering sec. 13 as sec. 8.
Amend sec. 13, page 4, by deleting lines 22 through 24 and inserting:
"Sec. 8.
1. Except as otherwise provided in subsection 2, if the governing body finds that the public interest will benefit by the provision of the proposed activities or improvements in a definable district within the municipality, it shall cause an ordinance to be drafted".Amend sec. 13, page 4, line 26, by deleting "
1." and inserting "(a)".Amend sec. 13, page 4, line 28, by deleting "
2." and inserting "(b)".Amend sec. 13, page 4, between lines 31 and 32, by inserting:
"
2. If written remonstrances by the owners of tracts constituting one-third or more of the basis used for the computation of assessments are presented to the governing body, it shall not proceed with the plan. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.".Amend the bill as a whole by deleting sec. 14 and renumbering sections 15 through 17 as sections 9 through 11.
Amend sec. 15, page 5, by deleting lines 15 through 33 and inserting:
"Sec. 9.
1. On or before June 30 of each year after the creation of a commercial improvement district, the governing body shall prepare and approve an estimate of the cost required during the next fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property. The assessments must be computed according to frontage or another uniform and quantifiable basis.2. The governing body shall hold a public hearing upon the estimate of cost and the assessment roll. Notice must be given, and the hearing conducted, in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held, after published and mailed notice, in the manner provided in NRS 271.305 and 271.310.
3. After the public hearing, the governing body shall confirm the assessments, as specified in the proposed assessment roll or as modified.
4. A commercial improvement district is not entitled to any distribution from the consolidated tax distribution account.".
Amend sec. 16, page 5, by deleting line 34 and inserting:
"Sec. 10.
1. A municipality that has created a commercial improvement district may contract with a".Amend sec. 16, page 5, line 36, after the period by inserting:
"
If creation of the commercial improvement district was initiated by petition, the municipality shall contract for that purpose with the association named in the plan.".Amend sec. 16, page 5, line 37, by deleting "
the city" and inserting "a municipality".Amend sec. 16, page 5, line 39, after the period, by inserting:
"
The association shall maintain liability insurance covering its activities.".Amend sec. 16, page 5, line 40, by deleting "
city" and inserting "municipality".Amend sec. 16, page 5, by deleting lines 42 and 43 and inserting:
"
of NRS 354.626. The terms of the contract may extend:(a) Beyond the terms of office of members of the governing body; and
(b) For the time necessary to cover the life of improvements and to fulfill financial commitments for equipment, services and related undertakings.
".Amend sec. 16, page 6, line 4, by deleting "
city" and inserting "municipality".Amend sec. 16, page 6, line 7, by deleting "
city" and inserting "municipality".Amend sec. 17, page 6, by deleting lines 9 through 21 and inserting:
"Sec. 11.
1. A contract executed pursuant to section 10 of this act must specify the approvals required for expenditures and provide for internal controls adequate to protect the assets of the commercial improvement district. The contract must provide for audit of the association by the municipality at the discretion of the municipality.2. If an audit finds a misuse of money or any fraud in the activities of the association, the municipality may take control of any assets of the association related to the commercial improvement district.
".Amend the bill as a whole by deleting sections 18 and 19 and renumbering sections 20 through 23 as sections 12 through 15.
Amend sec. 20, page 6, by deleting lines 30 through 35 and inserting:
"Sec. 12.
A commercial improvement district may acquire, equip, improve, operate and maintain:1. Public restrooms.
2. Facilities for outdoor lighting and heating.
3. Decorations.
4. Fountains.
5. Landscaping.
6. Facilities or equipment, or both, to enhance protection of persons and property within the district.
7. Ramps, sidewalks and plazas.
8. Rehabilitation or removal of existing structures.
".Amend sec. 21, page 6, line 37, by deleting "
16" and inserting "10".Amend sec. 21, page 6, lines 40 and 41, by deleting:
"
sections 12, 13 and 14" and inserting "section 9".Amend sec. 22, page 7, line 1, after "
a" by inserting "commercial improvement".Amend sec. 23, page 7, line 15, by deleting:
"
sections 12, 13 and 14 of this act." and inserting:"
section 9 of this act. If the governing body determines that dissolution of the district is appropriate, it shall dissolve the district by resolution, effective not earlier than the 30th day after the hearing.".Amend sec. 23, page 7, line 21, by deleting "
16" and inserting "10".Amend sec. 23, page 7, line 24, by deleting "
June 15" and inserting "February 1".Amend sec. 23, page 7, by deleting lines 28 and 29 and inserting:
"
(c) Any proposed changes to the boundaries of the district for that".Amend sec. 23, page 8, line 2, by deleting "
23," and inserting "15,".Amend the bill as a whole by adding a new section designated sec. 16, following sec. 23, to read as follows:
"Sec. 16. NRS 271.030 is hereby amended to read as follows:
271.030 Except where the context otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive,
and sections 2 to 5, inclusive, of this act govern the construction of this chapter.".Amend the title of the bill by deleting the first through third lines and inserting:
"AN ACT relating to local improvements; providing for the creation of commercial improvement districts to finance certain activities and improvements; authorizing the imposition of special assessments; and".
Amend the summary of the bill to read as follows:
"SUMMARY—Provides for creation of commercial improvement districts. (BDR 21-26)".