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 [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 taxation; exempting certain ad valorem tax levies from the limitation on the total ad valorem tax levy for all public purposes; 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. NRS 361.453 is hereby amended to read as follows:

1-2 361.453 1. Except as otherwise provided in subsection 2 and NRS

1-3 354.705, the total ad valorem tax levy for all public purposes must not

1-4 exceed $3.64 on each $100 of assessed valuation, or a lesser or greater

1-5 amount fixed by the state board of examiners if the state board of

1-6 examiners is directed by law to fix a lesser or greater amount for that fiscal

1-7 year.

1-8 2. The following tax levies must not be included in calculating the

1-9 limitation on the total ad valorem levy pursuant to subsection 1, but the

1-10 total ad valorem tax levy for all public purposes, including those

1-11 specified in this subsection, must not exceed $5 on each $100 of assessed

1-12 valuation:

1-13 (a) Any levy imposed by the legislature for the repayment of bonded

1-14 indebtedness of the State of Nevada;

1-15 (b) The levies imposed by a board of county commissioners pursuant

1-16 to NRS 428.185 and 428.285; and

2-1 (c) The mandatory minimum levy imposed by a board of county

2-2 commissioners pursuant to subsection 2 of NRS 549.020.

2-3 Sec. 2. NRS 361.455 is hereby amended to read as follows:

2-4 361.455 1. Unless individual tax rates are reduced pursuant to NRS

2-5 361.4547, immediately upon adoption of the final budgets, if the combined

2-6 tax rate [together with the established state tax rate] exceeds the limit

2-7 imposed by NRS 361.453, the chairman of the board of county

2-8 commissioners in each county concerned shall call a meeting of the

2-9 governing boards of each of the local governments within the county for the

2-10 purpose of establishing a combined tax rate that conforms to the statutory

2-11 limit. The chairman shall convene the meeting no later than June 13 of each

2-12 year.

2-13 2. The governing boards of the local governments shall meet in public

2-14 session and the county clerk shall keep appropriate records, pursuant to

2-15 regulations of the department, of all proceedings. The costs of taking and

2-16 preparing the record of the proceedings, including the costs of transcribing

2-17 and summarizing tape recordings, must be borne by the county and

2-18 participating incorporated cities in proportion to the final tax rate as

2-19 certified by the department. The chairman of the board of county

2-20 commissioners or his designee shall preside at the meeting. The governing

2-21 boards shall explore areas of mutual concern so as to agree upon a

2-22 combined tax rate that does not exceed the statutory limit.

2-23 3. The governing boards shall determine final decisions by a

2-24 unanimous vote of all entities present and qualified to vote, as defined in

2-25 this subsection. No ballot may be cast on behalf of any governing board

2-26 unless a majority of the individual board is present. A majority vote of all

2-27 members of each governing board is necessary to determine the ballot cast

2-28 for that entity. All ballots must be cast not later than the day following the

2-29 day the meeting is convened. The district attorney is the legal adviser for

2-30 such proceedings.

2-31 4. The county clerk shall immediately thereafter advise the department

2-32 of the results of the ballots cast and the tax rates set for local governments

2-33 concerned. If the ballots for the entities present at the meeting in the county

2-34 are not unanimous, the county clerk shall transmit all records of the

2-35 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 any

2-37 county together with the established state tax rate exceeds the statutory

2-38 limit, the department shall examine the record of the discussions and the

2-39 budgets of all local governments concerned. On June 25 or, if June 25 falls

2-40 on a Saturday or Sunday, on the Monday next following, the Nevada tax

2-41 commission shall meet to set the tax rates for the next succeeding year for

2-42 all local governments so examined. In setting the tax rates for the next

2-43 succeeding year the Nevada tax commission shall not reduce that portion of

3-1 the proposed tax rate of the county school district for the operation and

3-2 maintenance of public schools.

3-3 6. Any local government affected by a rate adjustment, made in

3-4 accordance with the provisions of this section, which necessitates a budget

3-5 revision shall file a copy of its revised budget by July 30 next after the

3-6 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 the

3-8 board of county commissioners must be forwarded to the county auditor.

3-9 Sec. 3. This act becomes effective on July 1, 1999.

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