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
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: 361.453 1. Except as otherwise provided in NRS 354.705, section 11-3
of Assembly Bill No. 275 of this1-4
valorem tax levy for all public purposes must not exceed $3.64 on each1-5
$100 of assessed valuation, or a lesser or greater amount fixed by the state1-6
board of examiners if the state board of examiners is directed by law to fix1-7
a lesser or greater amount for that fiscal year.1-8
2. Any levy imposed by the legislature for the repayment of bonded1-9
indebtedness or the operating expenses of the State of Nevada and any1-10
levy imposed by the board of county commissioners pursuant to NRS1-11
387.195 that is in excess of 50 cents on each $100 of assessed valuation1-12
of taxable property within the county must not be included in calculating1-13
the limitation set forth in subsection 1 on the total ad valorem tax levied1-14
within the boundaries of the county, city or unincorporated town, if, in a2-1
county whose population is 25,000 or less, or in a city or unincorporated2-2
town located within that county:2-3
(a) The combined tax rate certified by the Nevada tax commission was2-4
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 town2-6
proposes to its registered voters an additional levy ad valorem above the2-7
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, the2-9
purpose for which it is to be expended and the duration of the levy; and2-10
(d) The proposal is approved by a majority of the voters voting on the2-11
question at a general election or a special election called for that2-12
purpose.2-13
3. The duration of the additional levy ad valorem levied pursuant to2-14
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 expires2-16
and may not thereafter reimpose it in whole or in part without following2-17
the procedure required for its original imposition set forth in subsection2-18
2.2-19
4. A special election may be held pursuant to subsection 2 only if the2-20
governing body of the county, city or unincorporated town determines, by2-21
a unanimous vote, that an emergency exists. The determination made by2-22
the governing body is conclusive unless it is shown that the governing2-23
body acted with fraud or a gross abuse of discretion. An action to2-24
challenge the determination made by the governing body must be2-25
commenced within 15 days after the governing body’s determination is2-26
final. As used in this subsection, "emergency" means any unexpected2-27
occurrence or combination of occurrences which requires immediate2-28
action by the governing body of the county, city or unincorporated town2-29
to prevent or mitigate a substantial financial loss to the county, city or2-30
unincorporated town or to enable the governing body to provide an2-31
essential service to the residents of the county, city or unincorporated2-32
town.2-33
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 after2-35
receiving the projections of revenue from the department, whichever is2-36
later, the ex officio tax receivers shall prepare and cause to be published in2-37
a newspaper of general circulation in their respective counties, a notice2-38
which contains at least the following information:2-39
(a) A statement that the notice is not a bill for taxes owed but an2-40
informational notice. The notice must state:2-41
(1) That public hearings will be held on the dates listed in the notice2-42
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 from3-2
members of the public on the proposed budgets and tax rates before final3-3
action is taken thereon; and3-4
(3) The tax rate to be imposed by the county and each political3-5
subdivision within the county for the ensuing fiscal year if the tentative3-6
budgets which affect the property in those areas become final budgets.3-7
(b) A brief description of the limitation imposed by the legislature on3-8
the revenue of the local governments.3-9
(c) The dates, times and locations of all of the public hearings on the3-10
tentative budgets which affect the taxes on property.3-11
(d) The names and addresses of the county assessor and ex officio tax3-12
receiver who may be consulted for further information.3-13
(e) A brief statement of how property is assessed and how the combined3-14
tax rate is determined.3-15
The notice must be displayed in the format used for news and must be3-16
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 published3-18
in a newspaper of general circulation within the county3-19
(a) A notice, displayed in the format used for news and printed in not3-20
less than 8-point type, disclosing any increase in the property taxes as a3-21
result of any change in the tentative budget.3-22
(b) A notice, displayed in the format used for advertisements and3-23
printed in not less than 8-point type on at least one quarter of a page of3-24
the newspaper, disclosing any amount in cents on each $100 of assessed3-25
valuation by which the highest combined tax rate for property in the3-26
county exceeds $3.64 on each $100 of assessed valuation.3-27
These notices must be published within 10 days after the receipt of the3-28
information pursuant to NRS 354.596.3-29
Sec. 3. NRS 361.455 is hereby amended to read as follows: 361.455 1. Unless individual tax rates are reduced pursuant to NRS3-31
361.4547, immediately upon adoption of the final budgets, if the combined3-32
tax rate3-33
imposed by NRS 361.453, the chairman of the board of county3-34
commissioners in each county concerned shall call a meeting of the3-35
governing boards of each of the local governments within the county for the3-36
purpose of establishing a combined tax rate that conforms to the statutory3-37
limit. The chairman shall convene the meeting no later than June 13 of each3-38
year.3-39
2. The governing boards of the local governments shall meet in public3-40
session and the county clerk shall keep appropriate records, pursuant to3-41
regulations of the department, of all proceedings. The costs of taking and3-42
preparing the record of the proceedings, including the costs of transcribing3-43
and summarizing tape recordings, must be borne by the county and4-1
participating incorporated cities in proportion to the final tax rate as4-2
certified by the department. The chairman of the board of county4-3
commissioners or his designee shall preside at the meeting. The governing4-4
boards shall explore areas of mutual concern so as to agree upon a4-5
combined tax rate that does not exceed the statutory limit.4-6
3. The governing boards shall determine final decisions by a4-7
unanimous vote of all entities present and qualified to vote, as defined in4-8
this subsection. No ballot may be cast on behalf of any governing board4-9
unless a majority of the individual board is present. A majority vote of all4-10
members of each governing board is necessary to determine the ballot cast4-11
for that entity. All ballots must be cast not later than the day following the4-12
day the meeting is convened. The district attorney is the legal adviser for4-13
such proceedings.4-14
4. The county clerk shall immediately thereafter advise the department4-15
of the results of the ballots cast and the tax rates set for local governments4-16
concerned. If the ballots for the entities present at the meeting in the county4-17
are not unanimous, the county clerk shall transmit all records of the4-18
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 any4-20
county together with the established state tax rate exceeds the statutory4-21
limit, the department shall examine the record of the discussions and the4-22
budgets of all local governments concerned. On June 25 or, if June 25 falls4-23
on a Saturday or Sunday, on the Monday next following, the Nevada tax4-24
commission shall meet to set the tax rates for the next succeeding year for4-25
all local governments so examined. In setting the tax rates for the next4-26
succeeding year the Nevada tax commission shall not reduce that portion of4-27
the proposed tax rate of the county school district for the operation and4-28
maintenance of public schools.4-29
6. Any local government affected by a rate adjustment, made in4-30
accordance with the provisions of this section, which necessitates a budget4-31
revision shall file a copy of its revised budget by July 30 next after the4-32
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 the4-34
board of county commissioners must be forwarded to the county auditor.4-35
Sec. 4. This act becomes effective on July 1, 1999.~