SB470

Senate Bill No. 470–Committee on Government Affairs

(On Behalf of Legislative Committee to Study the
Distribution Among Local Governments of
Revenue From State and Local Taxes)

March 18, 1999

____________

Referred to Committee on Government Affairs

SUMMARY—Makes various changes relating to debt management commissions. (BDR 30-707)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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 debt management commissions; authorizing the provision of staff or technical assistance to the commissions; establishing certain qualifications for members of the commissions; providing for the removal of members of the commissions in certain circumstances; 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. Chapter 350 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The commission in a county whose population is less than 30,000

1-4 may request technical assistance from the department of taxation to

1-5 carry out the duties of the commission. Upon such a request, the

1-6 department of taxation shall provide to that commission such technical

1-7 assistance to the extent that resources are available.

1-8 2. The board of county commissioners of a county whose population

1-9 is 30,000 or more shall provide the commission in that county with such

1-10 staff as is necessary to carry out the duties of the commission. The staff

1-11 provided to the commission pursuant to this subsection shall provide

2-1 such technical assistance to the commission as the commission requires,

2-2 except the staff shall not render an opinion on the merits of any proposal

2-3 or other matter before the commission.

2-4 Sec. 2. NRS 350.001 is hereby amended to read as follows:

2-5 350.001 As used in NRS 350.002 to 350.006, inclusive, and section 1

2-6 of this act, unless the context otherwise requires:

2-7 1. "Commission" means a debt management commission created

2-8 pursuant to NRS 350.002.

2-9 2. "General obligation debt" means debt which is legally payable from

2-10 general revenues, as a primary or secondary source of repayment, and is

2-11 backed by the full faith and credit of a governmental entity. The term

2-12 includes debt represented by local government securities issued pursuant to

2-13 this chapter except debt created for medium-term obligations pursuant to

2-14 NRS 350.089 to 350.095, inclusive.

2-15 3. "Special elective tax" means a tax imposed pursuant to NRS

2-16 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

2-17 Sec. 3. NRS 350.002 is hereby amended to read as follows:

2-18 350.002 1. There is hereby created in each county a debt

2-19 management commission, to be composed of one representative of the

2-20 county, one representative of the school district and the following

2-21 additional representatives:

2-22 (a) In each county which contains more than one incorporated city:

2-23 (1) One representative of the city in which the county seat is located;

2-24 (2) One representative of the other incorporated cities jointly; and

2-25 (3) One representative of the public at large.

2-26 (b) In each county which contains one incorporated city:

2-27 (1) One representative of the incorporated city; and

2-28 (2) Two representatives of the public at large.

2-29 (c) In each county which contains no incorporated city, one

2-30 representative of the public at large.

2-31 (d) In each county which contains one or more general improvement

2-32 districts, one representative of the district or districts jointly and one

2-33 additional representative of the public at large.

2-34 2. In Carson City, there is hereby created a debt management

2-35 commission, to be composed of one representative of the board of

2-36 supervisors, one representative of the school district and three

2-37 representatives of the public at large. The representative of the board of

2-38 supervisors and the representative of the school district shall select the

2-39 representatives of the public at large, and for that purpose only, constitute a

2-40 quorum of the debt management commission. Members of the commission

2-41 serve for a term of 2 years beginning on January 1, or until their successors

2-42 are chosen.

3-1 3. Each representative of a single local government must be chosen by

3-2 its governing body. Each representative of two or more local governments

3-3 must be chosen by their governing bodies jointly, each governing body

3-4 having one vote. Each representative of the general improvement districts

3-5 must be chosen by their governing bodies jointly, each governing body

3-6 having one vote. Each representative of the public at large must be chosen

3-7 by the other members of the commission from residents of the county, or

3-8 Carson City, as the case may be, who have a knowledge of its financial

3-9 structure. A tie vote must be resolved by lot.

3-10 4. A person appointed as a member of the commission in a county

3-11 whose population is 50,000 or more who is not an elected officer or a

3-12 person appointed to an elective office for an unexpired term must have at

3-13 least 5 years of experience in the field of public administration, public

3-14 accounting or banking.

3-15 5. A person appointed as a member of the commission shall not have

3-16 a substantial financial interest in the ownership or negotiation of

3-17 securities issued by this state or any of its political subdivisions.

3-18 6. Members of the commission or their successors must be chosen in

3-19 January of each odd-numbered year and hold office for a term of 2 years

3-20 beginning January 1, except the representatives of incorporated cities, who

3-21 must be chosen after elections are held in the cities but before the annual

3-22 meeting of the commission in July.

3-23 [~~5.]~~ 7. Any vacancy must be filled in the same manner as the original

3-24 choice was made for the remainder of the unexpired term.

3-25 Sec. 4. NRS 350.003 is hereby amended to read as follows:

3-26 350.003 1. The commission shall meet during the month of February

3-27 of each year, to organize by selecting a chairman and vice chairman. The

3-28 county clerk is ex officio the secretary of the commission.

3-29 2. In addition to the organizational meeting, each commission shall

3-30 meet annually in July of each year and at the call of the chairman whenever

3-31 business is presented, as provided in NRS 350.004 and 350.005.

3-32 3. In conjunction with the meetings required by subsections 1 and 2,

3-33 the commission in a county whose population:

3-34 (a) Is 100,000 or more but less than 400,000, shall meet each calendar

3-35 quarter.

3-36 (b) Is 400,000 or more, shall meet each month.

3-37 The meetings required by this subsection must be scheduled at each annual

3-38 meeting in July.

3-39 4. The appointing authority may remove a member of a commission

3-40 in a county whose population:

3-41 (a) Is 400,000 or more if the member fails to attend three consecutive

3-42 meetings or five meetings during a calendar year.

4-1 (b) Is 100,000 or more but less than 400,000 if the member fails to

4-2 attend two consecutive meetings or three meetings during a calendar

4-3 year.

4-4 (c) Is less than 100,000 if the member fails to attend at least one

4-5 meeting during a calendar year.

4-6 5. Except as otherwise provided in subsection 2 of NRS 350.002, a

4-7 majority of the members constitutes a quorum for all purposes.

4-8 Sec. 5. 1. This section and sections 1, 2 and 4 of this act become

4-9 effective on October 1, 1999.

4-10 2. Section 3 of this act becomes effective on January 1, 2000.