Senate Bill No. 319–Committee on Taxation
(On Behalf of Nevada Association of Counties)
March 5, 1999
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Referred to Committee on Taxation
SUMMARY—Exempts certain ad valorem tax levies from limitation on total ad valorem tax levy for all public purposes. (BDR 32-520)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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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. NRS 361.453 is hereby amended to read as follows: 361.453 1. Except as otherwise provided in subsection 2 and NRS1-3
354.705, the total ad valorem tax levy for all public purposes must not1-4
exceed $3.64 on each $100 of assessed valuation, or a lesser or greater1-5
amount fixed by the state board of examiners if the state board of1-6
examiners is directed by law to fix a lesser or greater amount for that fiscal1-7
year.1-8
2. The following tax levies must not be included in calculating the1-9
limitation on the total ad valorem levy pursuant to subsection 1, but the1-10
total ad valorem tax levy for all public purposes, including those1-11
specified in this subsection, must not exceed $5 on each $100 of assessed1-12
valuation:1-13
(a) Any levy imposed by the legislature for the repayment of bonded1-14
indebtedness of the State of Nevada;1-15
(b) The levies imposed by a board of county commissioners pursuant1-16
to NRS 428.185 and 428.285; and2-1
(c) The mandatory minimum levy imposed by a board of county2-2
commissioners pursuant to subsection 2 of NRS 549.020.2-3
Sec. 2. NRS 361.455 is hereby amended to read as follows: 361.455 1. Unless individual tax rates are reduced pursuant to NRS2-5
361.4547, immediately upon adoption of the final budgets, if the combined2-6
tax rate2-7
imposed by NRS 361.453, the chairman of the board of county2-8
commissioners in each county concerned shall call a meeting of the2-9
governing boards of each of the local governments within the county for the2-10
purpose of establishing a combined tax rate that conforms to the statutory2-11
limit. The chairman shall convene the meeting no later than June 13 of each2-12
year.2-13
2. The governing boards of the local governments shall meet in public2-14
session and the county clerk shall keep appropriate records, pursuant to2-15
regulations of the department, of all proceedings. The costs of taking and2-16
preparing the record of the proceedings, including the costs of transcribing2-17
and summarizing tape recordings, must be borne by the county and2-18
participating incorporated cities in proportion to the final tax rate as2-19
certified by the department. The chairman of the board of county2-20
commissioners or his designee shall preside at the meeting. The governing2-21
boards shall explore areas of mutual concern so as to agree upon a2-22
combined tax rate that does not exceed the statutory limit.2-23
3. The governing boards shall determine final decisions by a2-24
unanimous vote of all entities present and qualified to vote, as defined in2-25
this subsection. No ballot may be cast on behalf of any governing board2-26
unless a majority of the individual board is present. A majority vote of all2-27
members of each governing board is necessary to determine the ballot cast2-28
for that entity. All ballots must be cast not later than the day following the2-29
day the meeting is convened. The district attorney is the legal adviser for2-30
such proceedings.2-31
4. The county clerk shall immediately thereafter advise the department2-32
of the results of the ballots cast and the tax rates set for local governments2-33
concerned. If the ballots for the entities present at the meeting in the county2-34
are not unanimous, the county clerk shall transmit all records of the2-35
proceedings to the department within 5 days after the meeting.2-36
5. If a unanimous vote is not obtained and the combined rate in any2-37
county together with the established state tax rate exceeds the statutory2-38
limit, the department shall examine the record of the discussions and the2-39
budgets of all local governments concerned. On June 25 or, if June 25 falls2-40
on a Saturday or Sunday, on the Monday next following, the Nevada tax2-41
commission shall meet to set the tax rates for the next succeeding year for2-42
all local governments so examined. In setting the tax rates for the next2-43
succeeding year the Nevada tax commission shall not reduce that portion of3-1
the proposed tax rate of the county school district for the operation and3-2
maintenance of public schools.3-3
6. Any local government affected by a rate adjustment, made in3-4
accordance with the provisions of this section, which necessitates a budget3-5
revision shall file a copy of its revised budget by July 30 next after the3-6
approval and certification of the rate by the Nevada tax commission.3-7
7. A copy of the certificate of the Nevada tax commission sent to the3-8
board of county commissioners must be forwarded to the county auditor.3-9
Sec. 3. This act becomes effective on July 1, 1999.~