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.

~

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 in certain counties from the limitation on the total ad valorem tax levy for all public purposes under certain circumstances; 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, section 1

1-3 of Assembly Bill No. 275 of this [act,] session and this section, the total ad

1-4 valorem tax levy for all public purposes must not exceed $3.64 on each

1-5 $100 of assessed valuation, or a lesser or greater amount fixed by the state

1-6 board of examiners if the state board of examiners is directed by law to fix

1-7 a lesser or greater amount for that fiscal year.

1-8 2. Any levy imposed by the legislature for the repayment of bonded

1-9 indebtedness or the operating expenses of the State of Nevada and any

1-10 levy imposed by the board of county commissioners pursuant to NRS

1-11 387.195 that is in excess of 50 cents on each $100 of assessed valuation

1-12 of taxable property within the county must not be included in calculating

1-13 the limitation set forth in subsection 1 on the total ad valorem tax levied

1-14 within the boundaries of the county, city or unincorporated town, if, in a

2-1 county whose population is 25,000 or less, or in a city or unincorporated

2-2 town located within that county:

2-3 (a) The combined tax rate certified by the Nevada tax commission was

2-4 at least $3.50 on each $100 of assessed valuation on June 25, 1998;

2-5 (b) The governing body of that county, city or unincorporated town

2-6 proposes to its registered voters an additional levy ad valorem above the

2-7 total ad valorem tax levy for all public purposes set forth in subsection 1;

2-8 (c) The proposal specifies the amount of money to be derived, the

2-9 purpose for which it is to be expended and the duration of the levy; and

2-10 (d) The proposal is approved by a majority of the voters voting on the

2-11 question at a general election or a special election called for that

2-12 purpose.

2-13 3. The duration of the additional levy ad valorem levied pursuant to

2-14 subsection 2 must not exceed 5 years. The governing body of the county,

2-15 city or unincorporated town may discontinue the levy before it expires

2-16 and may not thereafter reimpose it in whole or in part without following

2-17 the procedure required for its original imposition set forth in subsection

2-18 2.

2-19 4. A special election may be held pursuant to subsection 2 only if the

2-20 governing body of the county, city or unincorporated town determines, by

2-21 a unanimous vote, that an emergency exists. The determination made by

2-22 the governing body is conclusive unless it is shown that the governing

2-23 body acted with fraud or a gross abuse of discretion. An action to

2-24 challenge the determination made by the governing body must be

2-25 commenced within 15 days after the governing body’s determination is

2-26 final. As used in this subsection, "emergency" means any unexpected

2-27 occurrence or combination of occurrences which requires immediate

2-28 action by the governing body of the county, city or unincorporated town

2-29 to prevent or mitigate a substantial financial loss to the county, city or

2-30 unincorporated town or to enable the governing body to provide an

2-31 essential service to the residents of the county, city or unincorporated

2-32 town.

2-33 Sec. 2. NRS 361.4545 is hereby amended to read as follows:

2-34 361.4545 1. On or before May 5 of each year or within 5 days after

2-35 receiving the projections of revenue from the department, whichever is

2-36 later, the ex officio tax receivers shall prepare and cause to be published in

2-37 a newspaper of general circulation in their respective counties, a notice

2-38 which contains at least the following information:

2-39 (a) A statement that the notice is not a bill for taxes owed but an

2-40 informational notice. The notice must state:

2-41 (1) That public hearings will be held on the dates listed in the notice

2-42 to adopt budgets and tax rates for the fiscal year beginning on July 1;

3-1 (2) That the purpose of the public hearings is to receive opinions from

3-2 members of the public on the proposed budgets and tax rates before final

3-3 action is taken thereon; and

3-4 (3) The tax rate to be imposed by the county and each political

3-5 subdivision within the county for the ensuing fiscal year if the tentative

3-6 budgets which affect the property in those areas become final budgets.

3-7 (b) A brief description of the limitation imposed by the legislature on

3-8 the revenue of the local governments.

3-9 (c) The dates, times and locations of all of the public hearings on the

3-10 tentative budgets which affect the taxes on property.

3-11 (d) The names and addresses of the county assessor and ex officio tax

3-12 receiver who may be consulted for further information.

3-13 (e) A brief statement of how property is assessed and how the combined

3-14 tax rate is determined.

3-15 The notice must be displayed in the format used for news and must be

3-16 printed on at least one-half of a page of the newspaper.

3-17 2. Each ex officio tax receiver shall prepare and cause to be published

3-18 in a newspaper of general circulation within the county [a] :

3-19 (a) A notice, displayed in the format used for news and printed in not

3-20 less than 8-point type, disclosing any increase in the property taxes as a

3-21 result of any change in the tentative budget. [This notice]

3-22 (b) A notice, displayed in the format used for advertisements and

3-23 printed in not less than 8-point type on at least one quarter of a page of

3-24 the newspaper, disclosing any amount in cents on each $100 of assessed

3-25 valuation by which the highest combined tax rate for property in the

3-26 county exceeds $3.64 on each $100 of assessed valuation.

3-27 These notices must be published within 10 days after the receipt of the

3-28 information pursuant to NRS 354.596.

3-29 Sec. 3. NRS 361.455 is hereby amended to read as follows:

3-30 361.455 1. Unless individual tax rates are reduced pursuant to NRS

3-31 361.4547, immediately upon adoption of the final budgets, if the combined

3-32 tax rate [together with the established state tax rate] exceeds the limit

3-33 imposed by NRS 361.453, the chairman of the board of county

3-34 commissioners in each county concerned shall call a meeting of the

3-35 governing boards of each of the local governments within the county for the

3-36 purpose of establishing a combined tax rate that conforms to the statutory

3-37 limit. The chairman shall convene the meeting no later than June 13 of each

3-38 year.

3-39 2. The governing boards of the local governments shall meet in public

3-40 session and the county clerk shall keep appropriate records, pursuant to

3-41 regulations of the department, of all proceedings. The costs of taking and

3-42 preparing the record of the proceedings, including the costs of transcribing

3-43 and summarizing tape recordings, must be borne by the county and

4-1 participating incorporated cities in proportion to the final tax rate as

4-2 certified by the department. The chairman of the board of county

4-3 commissioners or his designee shall preside at the meeting. The governing

4-4 boards shall explore areas of mutual concern so as to agree upon a

4-5 combined tax rate that does not exceed the statutory limit.

4-6 3. The governing boards shall determine final decisions by a

4-7 unanimous vote of all entities present and qualified to vote, as defined in

4-8 this subsection. No ballot may be cast on behalf of any governing board

4-9 unless a majority of the individual board is present. A majority vote of all

4-10 members of each governing board is necessary to determine the ballot cast

4-11 for that entity. All ballots must be cast not later than the day following the

4-12 day the meeting is convened. The district attorney is the legal adviser for

4-13 such proceedings.

4-14 4. The county clerk shall immediately thereafter advise the department

4-15 of the results of the ballots cast and the tax rates set for local governments

4-16 concerned. If the ballots for the entities present at the meeting in the county

4-17 are not unanimous, the county clerk shall transmit all records of the

4-18 proceedings to the department within 5 days after the meeting.

4-19 5. If a unanimous vote is not obtained and the combined rate in any

4-20 county together with the established state tax rate exceeds the statutory

4-21 limit, the department shall examine the record of the discussions and the

4-22 budgets of all local governments concerned. On June 25 or, if June 25 falls

4-23 on a Saturday or Sunday, on the Monday next following, the Nevada tax

4-24 commission shall meet to set the tax rates for the next succeeding year for

4-25 all local governments so examined. In setting the tax rates for the next

4-26 succeeding year the Nevada tax commission shall not reduce that portion of

4-27 the proposed tax rate of the county school district for the operation and

4-28 maintenance of public schools.

4-29 6. Any local government affected by a rate adjustment, made in

4-30 accordance with the provisions of this section, which necessitates a budget

4-31 revision shall file a copy of its revised budget by July 30 next after the

4-32 approval and certification of the rate by the Nevada tax commission.

4-33 7. A copy of the certificate of the Nevada tax commission sent to the

4-34 board of county commissioners must be forwarded to the county auditor.

4-35 Sec. 4. This act becomes effective on July 1, 1999.

~