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
____________
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
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: 361.453 1. Except as otherwise provided in NRS 354.7051-3
section, the total ad valorem tax levy for all public purposes must not1-4
exceed $3.64 on each $100 of assessed valuation, or a lesser or greater1-5
amount fixed by the state board of examiners if the state board of1-6
examiners is directed by law to fix a lesser or greater amount for that fiscal1-7
year.1-8
2. If the combined tax rate of a local government certified by the1-9
Nevada tax commission pursuant to NRS 361.4547 was at least $3.50 on1-10
each $100 of assessed valuation on June 25, 1998:1-11
(a) Any levy imposed by the legislature for the repayment of bonded1-12
indebtedness or the operating expenses of the State of Nevada; and1-13
(b) Any levy imposed by the board of county commissioners pursuant1-14
to NRS 387.195 that is in excess of 50 cents on each $100 of assessed1-15
valuation of taxable property within that county,2-1
must not be included in calculating the limitation set forth in subsection2-2
1 on the total ad valorem tax levied within the boundaries of that local2-3
government.2-4
3. If the combined tax rate of a local government certified by the2-5
Nevada tax commission pursuant to NRS 361.4547 was less than $3.502-6
on each $100 of assessed valuation on June 25, 1998:2-7
(a) Any levy imposed by the legislature for the repayment of bonded2-8
indebtedness or the operating expenses of the State of Nevada that is in2-9
excess of the certified rate which was in effect on June 25, 1998; and2-10
(b) Any levy imposed by the board of county commissioners pursuant2-11
to NRS 387.195 that is in excess of 75 cents on each $100 of assessed2-12
valuation of taxable property within the county,2-13
must not be included in calculating the limitation set forth in subsection2-14
1 on the total ad valorem tax levied within the boundaries of that local2-15
government.2-16
Sec. 2. NRS 361.4545 is hereby amended to read as follows: 361.4545 1. On or before May 5 of each year or within 5 days after2-18
receiving the projections of revenue from the department, whichever is2-19
later, the ex officio tax receivers shall prepare and cause to be published in2-20
a newspaper of general circulation in their respective counties, a notice2-21
which contains at least the following information:2-22
(a) A statement that the notice is not a bill for taxes owed but an2-23
informational notice. The notice must state:2-24
(1) That public hearings will be held on the dates listed in the notice2-25
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 from2-27
members of the public on the proposed budgets and tax rates before final2-28
action is taken thereon; and2-29
(3) The tax rate to be imposed by the county and each political2-30
subdivision within the county for the ensuing fiscal year if the tentative2-31
budgets which affect the property in those areas become final budgets.2-32
(b) A brief description of the limitation imposed by the legislature on2-33
the revenue of the local governments.2-34
(c) The dates, times and locations of all of the public hearings on the2-35
tentative budgets which affect the taxes on property.2-36
(d) The names and addresses of the county assessor and ex officio tax2-37
receiver who may be consulted for further information.2-38
(e) A brief statement of how property is assessed and how the combined2-39
tax rate is determined.2-40
The notice must be displayed in the format used for news and must be2-41
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 published2-43
in a newspaper of general circulation within the county3-1
(a) A notice, displayed in the format used for news and printed in not3-2
less than 8-point type, disclosing any increase in the property taxes as a3-3
result of any change in the tentative budget.3-4
(b) A notice, displayed in the format used for advertisements and3-5
printed in not less than 8-point type on at least one quarter of a page of3-6
the newspaper, disclosing any amount in cents on each $100 of assessed3-7
valuation by which the highest combined tax rate for property in the3-8
county exceeds $3.64 on each $100 of assessed valuation.3-9
These notices must be published within 10 days after the receipt of the3-10
information pursuant to NRS 354.596.3-11
Sec. 3. NRS 361.455 is hereby amended to read as follows: 361.455 1. Unless individual tax rates are reduced pursuant to NRS3-13
361.4547, immediately upon adoption of the final budgets, if the combined3-14
tax rate3-15
imposed by NRS 361.453, the chairman of the board of county3-16
commissioners in each county concerned shall call a meeting of the3-17
governing boards of each of the local governments within the county for the3-18
purpose of establishing a combined tax rate that conforms to the statutory3-19
limit. The chairman shall convene the meeting no later than June 13 of each3-20
year.3-21
2. The governing boards of the local governments shall meet in public3-22
session and the county clerk shall keep appropriate records, pursuant to3-23
regulations of the department, of all proceedings. The costs of taking and3-24
preparing the record of the proceedings, including the costs of transcribing3-25
and summarizing tape recordings, must be borne by the county and3-26
participating incorporated cities in proportion to the final tax rate as3-27
certified by the department. The chairman of the board of county3-28
commissioners or his designee shall preside at the meeting. The governing3-29
boards shall explore areas of mutual concern so as to agree upon a3-30
combined tax rate that does not exceed the statutory limit.3-31
3. The governing boards shall determine final decisions by a3-32
unanimous vote of all entities present and qualified to vote, as defined in3-33
this subsection. No ballot may be cast on behalf of any governing board3-34
unless a majority of the individual board is present. A majority vote of all3-35
members of each governing board is necessary to determine the ballot cast3-36
for that entity. All ballots must be cast not later than the day following the3-37
day the meeting is convened. The district attorney is the legal adviser for3-38
such proceedings.3-39
4. The county clerk shall immediately thereafter advise the department3-40
of the results of the ballots cast and the tax rates set for local governments3-41
concerned. If the ballots for the entities present at the meeting in the county3-42
are not unanimous, the county clerk shall transmit all records of the3-43
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 any4-2
county together with the established state tax rate exceeds the statutory4-3
limit, the department shall examine the record of the discussions and the4-4
budgets of all local governments concerned. On June 25 or, if June 25 falls4-5
on a Saturday or Sunday, on the Monday next following, the Nevada tax4-6
commission shall meet to set the tax rates for the next succeeding year for4-7
all local governments so examined. In setting the tax rates for the next4-8
succeeding year the Nevada tax commission shall not reduce that portion of4-9
the proposed tax rate of the county school district for the operation and4-10
maintenance of public schools.4-11
6. Any local government affected by a rate adjustment, made in4-12
accordance with the provisions of this section, which necessitates a budget4-13
revision shall file a copy of its revised budget by July 30 next after the4-14
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 the4-16
board of county commissioners must be forwarded to the county auditor.4-17
Sec. 4. This act becomes effective on July 1, 1999.~