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AN ACT relating to local governments; requiring a question to be submitted to the electors of
certain local governments in severe financial emergency asking whether the local
government should be disincorporated or dissolved if the Nevada tax commission
determines that the severe financial emergency is unlikely to cease to exist within 3
years; requiring certain taxes and mandatory assessments to be raised and services
of the local government limited if the electors of such a local government do not
approve such a question; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2.
1. If the executive director determines that a severefinancial emergency which exists in a local government under
management by the department is unlikely to cease to exist within 3
years, he shall determine:
(a) The amount any tax or mandatory assessment levied by the local
government must be raised to ensure a balanced budget for the local
government; and
(b) The manner in which the services provided by the local
government must be limited to ensure a balanced budget for the local
government,
and submit his findings to the committee.
2. The committee shall review the findings submitted by the executive
director pursuant to subsection 1. If the committee determines that the
severe financial emergency which exists in the local government is
unlikely to cease to exist within 3 years and that the findings made by the
executive director are appropriate, the committee shall submit its
recommendation to the Nevada tax commission. If the committee
determines that the financial emergency is likely to cease to exist within 3
years, that decision is not subject to review by the Nevada tax
commission.
3. The Nevada tax commission shall schedule a public hearing
within 30 days after the committee submits its recommendation. The
Nevada tax commission shall provide public notice of the hearing at least
10 days before the date on which the hearing will be held. The executive
director shall provide copies of all documents relevant to the
recommendation of the committee to the governing body of the local
government in severe financial emergency.
4. If, after the public hearing, the Nevada tax commission
determines that the recommendation of the committee is appropriate, a
question must be submitted to the electors of the local government at the
next primary or general municipal election or primary or general state
election, as applicable, asking whether the local government should be
disincorporated or dissolved. If the electors of the local government do
not approve the disincorporation or dissolution of the local government:
(a) The maximum ad valorem tax levied within the local government,
if any, must be raised to $5 on each $100 of assessed valuation;
(b) Any other taxes or mandatory assessments levied in the local
government, notwithstanding any limitation on those taxes or
assessments provided by statute, must be raised in an amount the Nevada
tax commission determines is necessary to ensure a balanced budget for
the local government; and
(c) The services provided by the local government must be limited in a
manner the Nevada tax commission determines is necessary to ensure a
balanced budget for the local government.
5. If the electors of the local government approve the
disincorporation or dissolution of a local government that is:
(a) Created by another local government, it must be disincorporated
or dissolved:
(1) Pursuant to the applicable provisions of law; or
(2) If there are no specific provisions of law providing for the
disincorporation or dissolution of the local government, by the entity that
created the local government. If, at the time of the disincorporation or
dissolution of the local government pursuant to this paragraph, there are
any outstanding loans or bonded indebtedness of the local government,
including, without limitation, loans made to the local government by the
county in which the local government is located, the taxes for the
payment of the bonds or other indebtedness must continue to be levied
and collected in the same manner as if the local government had not
been disincorporated or dissolved until all outstanding indebtedness is
repaid, but for all other purposes the local government shall be deemed
disincorporated or dissolved at the time that the entity which created the
local government disincorporates or dissolves the local government. Any
other liabilities and any remaining assets shall revert to the entity that
created the local government which is being disincorporated or dissolved.
(b) Created by a special or local act of the legislature, it may only be
disincorporated or dissolved by the legislature. The executive director
shall submit notification of the vote approving the disincorporation or
dissolution of the local government to the director of the legislative
counsel bureau for transmittal to the legislature. At the first opportunity,
the legislature shall consider the question of whether the special or local
act will be repealed.
(c) Created in any other manner, it must be disincorporated or
dissolved:
(1) Pursuant to the applicable provisions of law; or
(2) If there are no specific provisions of law providing for the
disincorporation or dissolution of the local government, by the governing
body of that local government. If, at the time of the disincorporation or
dissolution of the local government pursuant to this paragraph, there are
any outstanding loans or bonded indebtedness of the local government,
including, without limitation, loans made to the local government by the
county or counties in which the local government is located, the taxes for
the payment of the bonds or other indebtedness must continue to be
levied and collected in the same manner as if the local government had
not been disincorporated or dissolved until all outstanding indebtedness
is repaid, but for all other purposes the local government shall be deemed
disincorporated or dissolved at the time that the governing body of the
local government disincorporates or dissolves the local government.
Except as otherwise provided in this subparagraph, any other liabilities
and any remaining assets of the local government shall revert to the
board of county commissioners of the county in which the local
government is located. If the local government is located in more than
one county, the governing body of the local government shall apportion
the remaining liabilities and assets among the boards of county
commissioners of the counties in which the local government is located.
6. Within 10 days after the Nevada tax commission makes a
determination pursuant to subsection 4, the executive director shall
notify:
(a) The city clerk, if the local government is a city; or
(b) The county clerk in all other cases,
and provide the clerk with the amount any tax or mandatory assessment
levied by the local government must be raised and a description of the
manner in which the services provided by the local government must be
limited to ensure a balanced budget for the local government.
7. After the executive director notifies the city clerk or the county
clerk, as applicable, pursuant to subsection 6, the clerk shall cause to be
published in a newspaper of general circulation that is printed in the
local government a notice of the election once in each calendar week for
2 successive calendar weeks by two weekly insertions a week apart, the
first publication to be not more than 30 days nor less than 22 days next
preceding the date of the election. If no newspaper is printed in the local
government, publication of the notice of election must be made in a
newspaper printed in this state and having a general circulation in the
local government.
8. The notice required pursuant to subsection 7 must contain the
following information:
(a) That the Nevada tax commission has determined that the severe
financial emergency which exists in the local government is unlikely to
cease to exist within 3 years;
(b) That the question of whether the local government should be
disincorporated or dissolved will be submitted to the electors of the local
government at the next primary or general municipal election or the next
primary or general state election, as applicable; and
(c) That if the electors do not approve the disincorporation or
dissolution:
(1) The maximum ad valorem tax levied within the local
government, if any, will be raised to $5 on each $100 of assessed
valuation;
(2) Any taxes or mandatory assessment levied in the local
government will be raised to ensure a balanced budget for the local
government and the amount by which those taxes or mandatory
assessments will be raised; and
(3) The services the local government provides will be limited to
ensure a balanced budget for the local government and the manner in
which those services will be limited.
9. If any provisions providing generally for the disincorporation or
dissolution of the local government require that the question of
disincorporating or dissolving be published or submitted to a vote of the
electors of the local government, the publication required by subsection 3
and the election required by subsection 4 satisfy those requirements. If:
(a) There is any other conflict between the provisions of this section
and any provisions providing generally for the disincorporation or
dissolution of a local government; or
(b) The provisions providing generally for the disincorporation or
dissolution of a local government provide additional rights to protest the
disincorporation or dissolution of a local government not provided by
this section,
the provisions of this section control a disincorporation or dissolution
pursuant to this section and any person wishing to protest such a
disincorporation or dissolution must proceed in accordance with the
provisions of this section.
10. As used in this section, "local government" does not include a
county, a school district or any agency or department of a county or city
which prepares a budget separate from that of the parent political
subdivision.
Sec. 3.
The management of the department ceases at the time of thedisincorporation or dissolution of a local government pursuant to section
2 of this act.
Sec. 4.
NRS 354.59811 is hereby amended to read as follows:(b) This rate must then be applied to the total assessed valuation,
excluding the assessed valuation attributable to the net proceeds of minerals
and the assessed valuation of a fire protection district attributable to real
property which is transferred from private ownership to public ownership
for the purpose of conservation but including new real property, possessory
interests and mobile homes, for the current fiscal year to determine the
allowed revenue from taxes ad valorem for the local government.
2. As used in this section, "general long-term debt" does not include
debt created for medium-term obligations pursuant to NRS 350.085 to
350.095, inclusive.
Sec. 5. NRS 354.655 is hereby amended to read as follows:
Sec. 6. NRS 354.695 is hereby amended to read as follows:
Sec. 7. NRS 361.453 is hereby amended to read as follows:
361.453 Except as otherwise provided in NRS 354.705 , [and] section
1 of [this act,] Assembly Bill No. 275 of this session and section 2 of this
act, the total ad valorem tax levy for all public purposes must not exceed
$3.64 on each $100 of assessed valuation, or a lesser or greater amount
fixed by the state board of examiners if the state board of examiners is
directed by law to fix a lesser or greater amount for that fiscal year.
Sec. 8. This act becomes effective on July 1, 1999.
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