Senate Bill No. 476–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 Taxation

 

SUMMARY—Changes limitation on total ad valorem tax levy. (BDR 32-705)

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; requiring the publication of a notice if the highest combined tax rate in the county exceeds a certain level; 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 NRS 354.705 [,] and this

1-3 section, 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. If the combined tax rate of a local government certified by the

1-9 Nevada tax commission pursuant to NRS 361.4547 was at least $3.50 on

1-10 each $100 of assessed valuation on June 25, 1998:

1-11 (a) Any levy imposed by the legislature for the repayment of bonded

1-12 indebtedness or the operating expenses of the State of Nevada; and

1-13 (b) Any levy imposed by the board of county commissioners pursuant

1-14 to NRS 387.195 that is in excess of 50 cents on each $100 of assessed

1-15 valuation of taxable property within that county,

2-1 must not be included in calculating the limitation set forth in subsection

2-2 1 on the total ad valorem tax levied within the boundaries of that local

2-3 government.

2-4 3. If the combined tax rate of a local government certified by the

2-5 Nevada tax commission pursuant to NRS 361.4547 was less than $3.50

2-6 on each $100 of assessed valuation on June 25, 1998:

2-7 (a) Any levy imposed by the legislature for the repayment of bonded

2-8 indebtedness or the operating expenses of the State of Nevada that is in

2-9 excess of the certified rate which was in effect on June 25, 1998; and

2-10 (b) Any levy imposed by the board of county commissioners pursuant

2-11 to NRS 387.195 that is in excess of 75 cents on each $100 of assessed

2-12 valuation of taxable property within the county,

2-13 must not be included in calculating the limitation set forth in subsection

2-14 1 on the total ad valorem tax levied within the boundaries of that local

2-15 government.

2-16 Sec. 2. NRS 361.4545 is hereby amended to read as follows:

2-17 361.4545 1. On or before May 5 of each year or within 5 days after

2-18 receiving the projections of revenue from the department, whichever is

2-19 later, the ex officio tax receivers shall prepare and cause to be published in

2-20 a newspaper of general circulation in their respective counties, a notice

2-21 which contains at least the following information:

2-22 (a) A statement that the notice is not a bill for taxes owed but an

2-23 informational notice. The notice must state:

2-24 (1) That public hearings will be held on the dates listed in the notice

2-25 to adopt budgets and tax rates for the fiscal year beginning on July 1;

2-26 (2) That the purpose of the public hearings is to receive opinions from

2-27 members of the public on the proposed budgets and tax rates before final

2-28 action is taken thereon; and

2-29 (3) The tax rate to be imposed by the county and each political

2-30 subdivision within the county for the ensuing fiscal year if the tentative

2-31 budgets which affect the property in those areas become final budgets.

2-32 (b) A brief description of the limitation imposed by the legislature on

2-33 the revenue of the local governments.

2-34 (c) The dates, times and locations of all of the public hearings on the

2-35 tentative budgets which affect the taxes on property.

2-36 (d) The names and addresses of the county assessor and ex officio tax

2-37 receiver who may be consulted for further information.

2-38 (e) A brief statement of how property is assessed and how the combined

2-39 tax rate is determined.

2-40 The notice must be displayed in the format used for news and must be

2-41 printed on at least one-half of a page of the newspaper.

2-42 2. Each ex officio tax receiver shall prepare and cause to be published

2-43 in a newspaper of general circulation within the county [a] :

3-1 (a) A notice, displayed in the format used for news and printed in not

3-2 less than 8-point type, disclosing any increase in the property taxes as a

3-3 result of any change in the tentative budget. [This notice]

3-4 (b) A notice, displayed in the format used for advertisements and

3-5 printed in not less than 8-point type on at least one quarter of a page of

3-6 the newspaper, disclosing any amount in cents on each $100 of assessed

3-7 valuation by which the highest combined tax rate for property in the

3-8 county exceeds $3.64 on each $100 of assessed valuation.

3-9 These notices must be published within 10 days after the receipt of the

3-10 information pursuant to NRS 354.596.

3-11 Sec. 3. NRS 361.455 is hereby amended to read as follows:

3-12 361.455 1. Unless individual tax rates are reduced pursuant to NRS

3-13 361.4547, immediately upon adoption of the final budgets, if the combined

3-14 tax rate [together with the established state tax rate] exceeds the limit

3-15 imposed by NRS 361.453, the chairman of the board of county

3-16 commissioners in each county concerned shall call a meeting of the

3-17 governing boards of each of the local governments within the county for the

3-18 purpose of establishing a combined tax rate that conforms to the statutory

3-19 limit. The chairman shall convene the meeting no later than June 13 of each

3-20 year.

3-21 2. The governing boards of the local governments shall meet in public

3-22 session and the county clerk shall keep appropriate records, pursuant to

3-23 regulations of the department, of all proceedings. The costs of taking and

3-24 preparing the record of the proceedings, including the costs of transcribing

3-25 and summarizing tape recordings, must be borne by the county and

3-26 participating incorporated cities in proportion to the final tax rate as

3-27 certified by the department. The chairman of the board of county

3-28 commissioners or his designee shall preside at the meeting. The governing

3-29 boards shall explore areas of mutual concern so as to agree upon a

3-30 combined tax rate that does not exceed the statutory limit.

3-31 3. The governing boards shall determine final decisions by a

3-32 unanimous vote of all entities present and qualified to vote, as defined in

3-33 this subsection. No ballot may be cast on behalf of any governing board

3-34 unless a majority of the individual board is present. A majority vote of all

3-35 members of each governing board is necessary to determine the ballot cast

3-36 for that entity. All ballots must be cast not later than the day following the

3-37 day the meeting is convened. The district attorney is the legal adviser for

3-38 such proceedings.

3-39 4. The county clerk shall immediately thereafter advise the department

3-40 of the results of the ballots cast and the tax rates set for local governments

3-41 concerned. If the ballots for the entities present at the meeting in the county

3-42 are not unanimous, the county clerk shall transmit all records of the

3-43 proceedings to the department within 5 days after the meeting.

4-1 5. If a unanimous vote is not obtained and the combined rate in any

4-2 county together with the established state tax rate exceeds the statutory

4-3 limit, the department shall examine the record of the discussions and the

4-4 budgets of all local governments concerned. On June 25 or, if June 25 falls

4-5 on a Saturday or Sunday, on the Monday next following, the Nevada tax

4-6 commission shall meet to set the tax rates for the next succeeding year for

4-7 all local governments so examined. In setting the tax rates for the next

4-8 succeeding year the Nevada tax commission shall not reduce that portion of

4-9 the proposed tax rate of the county school district for the operation and

4-10 maintenance of public schools.

4-11 6. Any local government affected by a rate adjustment, made in

4-12 accordance with the provisions of this section, which necessitates a budget

4-13 revision shall file a copy of its revised budget by July 30 next after the

4-14 approval and certification of the rate by the Nevada tax commission.

4-15 7. A copy of the certificate of the Nevada tax commission sent to the

4-16 board of county commissioners must be forwarded to the county auditor.

4-17 Sec. 4. This act becomes effective on July 1, 1999.

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