Senate Bill No. 473–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
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Referred to Committee on Government Affairs
SUMMARY—Creates procedure for dissolution or disincorporation of certain local governments in severe financial emergency under certain circumstances. (BDR 31-702)
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. Chapter 354 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. If the executive director determines that a severe financial1-4
emergency which exists in a local government is unlikely to cease to exist1-5
within 5 years, he shall determine:1-6
(a) The amount any tax or mandatory assessment levied by the local1-7
government must be raised to ensure a balanced budget for the local1-8
government; and2-1
(b) The manner in which the services provided by the local2-2
government must be limited to ensure a balanced budget for the local2-3
government,2-4
and submit his findings to the committee.2-5
2. The committee shall review the findings submitted by the executive2-6
director pursuant to subsection 1. If the committee determines that the2-7
severe financial emergency which exists in the local government is2-8
unlikely to cease to exist within 5 years and that the findings made by the2-9
executive director are appropriate, the committee shall submit its2-10
recommendation to the Nevada tax commission. If the committee2-11
determines that the financial emergency is likely to cease to exist within 52-12
years, that decision is not subject to review by the Nevada tax2-13
commission.2-14
3. The Nevada tax commission shall schedule a public hearing2-15
within 30 days after the committee submits its recommendation. The2-16
Nevada tax commission shall provide public notice of the hearing at least2-17
10 days before the date on which the hearing will be held. The executive2-18
director shall provide copies of all documents relevant to the2-19
recommendation of the committee to the governing body of the local2-20
government in severe financial emergency.2-21
4. If, after the public hearing, the Nevada tax commission2-22
determines that the recommendation of the committee is appropriate, a2-23
question must be submitted to the electors of the local government at the2-24
next primary or general municipal election or primary or general state2-25
election, as applicable, asking whether the local government should be2-26
disincorporated or dissolved. If the electors of the local government do2-27
not approve the disincorporation or dissolution of the local government:2-28
(a) The maximum ad valorem tax levied within the local government,2-29
if any, must be raised to $5 on each $100 of assessed valuation;2-30
(b) Any other taxes or mandatory assessments levied in the local2-31
government, notwithstanding any limitation on those taxes or2-32
assessments provided by statute, must be raised in an amount the Nevada2-33
tax commission determines is necessary to ensure a balanced budget for2-34
the local government; and2-35
(c) The services provided by the local government must be limited in a2-36
manner the Nevada tax commission determines is necessary to ensure a2-37
balanced budget for the local government.2-38
5. If the electors of the local government approve the2-39
disincorporation or dissolution of the local government, the local2-40
government must be disincorporated or dissolved:2-41
(a) Pursuant to the applicable provisions of law; or2-42
(b) If there is no specific provision of law providing for the2-43
disincorporation or dissolution of the local government, by the entity that3-1
created the local government. If, at the time of the disincorporation or3-2
dissolution of the local government pursuant to this paragraph, there are3-3
any outstanding loans or bonded indebtedness of the local government,3-4
including, without limitation, loans made to the local government by the3-5
county in which the local government is located, the taxes for the3-6
payment of the bonds or other indebtedness must continue to be levied3-7
and collected in the same manner as if the local government had not3-8
been disincorporated or dissolved until all outstanding indebtedness is3-9
repaid, but for all other purposes the local government shall be deemed3-10
disincorporated or dissolved at the time that the entity which created the3-11
local government disincorporates or dissolves the local government.3-12
6. Within 10 days after the Nevada tax commission makes a3-13
determination pursuant to subsection 4, the executive director shall3-14
notify:3-15
(a) The city clerk, if the local government is a city; or3-16
(b) The county clerk in all other cases,3-17
and provide the clerk with the amount any tax or mandatory assessment3-18
levied by the local government must be raised and a description of the3-19
manner in which the services provided by the local government must be3-20
limited to ensure a balanced budget for the local government.3-21
7. After the executive director notifies the city clerk or the county3-22
clerk, as applicable, pursuant to subsection 6, the clerk shall cause to be3-23
published in a newspaper of general circulation that is printed in the3-24
local government a notice of the election once in each calendar week for3-25
2 successive calendar weeks by two weekly insertions a week apart, the3-26
first publication to be not more than 30 days nor less than 22 days next3-27
preceding the date of the election. If no newspaper is printed in the local3-28
government, publication of the notice of election must be made in a3-29
newspaper printed in this state and having a general circulation in the3-30
local government.3-31
8. The notice required pursuant to subsection 7 must contain the3-32
following information:3-33
(a) That the Nevada tax commission has determined that the severe3-34
financial emergency which exists in the local government is unlikely to3-35
cease to exist within 5 years;3-36
(b) That the question of whether the local government should be3-37
disincorporated or dissolved will be submitted to the electors of the local3-38
government at the next primary or general municipal election or the next3-39
primary or general state election, as applicable; and3-40
(c) That if the electors do not approve the disincorporation or3-41
dissolution:4-1
(1) The maximum ad valorem tax levied within the local4-2
government, if any, will be raised to $5 on each $100 of assessed4-3
valuation;4-4
(2) Any taxes or mandatory assessment levied in the local4-5
government will be raised to ensure a balanced budget for the local4-6
government and the amount by which those taxes or mandatory4-7
assessments will be raised; and4-8
(3) The services the local government provides will be limited to4-9
ensure a balanced budget for the local government and the manner in4-10
which those services will be limited.4-11
9. As used in this section, "local government" does not include a4-12
county, a school district or any agency or department of a county or city4-13
which prepares a budget separate from that of the parent political4-14
subdivision.4-15
Sec. 2. NRS 354.655 is hereby amended to read as follows: 354.655 As used in NRS 354.655 to 354.725, inclusive, and section 14-17
of this act, unless the context requires otherwise:4-18
1. "Committee" means the committee on local government finance.4-19
2. "Department" means the department of taxation.4-20
3. "Executive director" means the executive director of the department4-21
of taxation.4-22
4. "Local government" means any local government subject to the4-23
provisions of the Local Government Budget Act.4-24
5. The words and terms defined in the Local Government Budget Act4-25
have the meanings ascribed to them in that act.4-26
Sec. 3. This act becomes effective on July 1, 1999.~