AB202_EN

Assembly Bill No. 202–Assemblymen Bache, Giunchigliani, Perkins, Williams, Berman, Anderson, Buckley, de Braga, Lee, Leslie, Manendo, Mortenson, Parks, Tiffany and Von Tobel

Joint Sponsors: Senators O’Connell, Wiener, Titus,
Schneider and Shaffer

CHAPTER..........

AN ACT relating to metropolitan police departments; revising provisions relating to withdrawal from or dissolution of a department; requiring the approval of the voters for withdrawal from or dissolution of a department; 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 280 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec. 2. 1. If a participating political subdivision in a department

that consists of three or more participating political subdivisions wishes

to withdraw from the department, the participating political subdivision

must submit the question of whether the political subdivision should

withdraw from the department to the registered voters of the political

subdivision at a general election held pursuant to NRS 293.12755. The

participating political subdivision shall give notice of its intent to

withdraw to the other participating political subdivisions at least 6

months before that general election. If a majority of the voters approve

the question, the effective date of the withdrawal is the commencement

of the fiscal year immediately following the general election at which the

question of withdrawal is approved. The ordinance that had been

adopted by the withdrawing political subdivision providing for the

merger is void on the effective date of the withdrawal.

2. If a department consists of:

(a) Two participating political subdivisions and one of the

participating political subdivisions determines that it wishes to withdraw;

(b) Three or more participating political subdivisions and all or all

except one of the participating political subdivisions determine that they

wish to withdraw,

the participating political subdivisions must each submit the question of

whether the department should be dissolved to the registered voters

within their jurisdiction at the next general election held pursuant to

NRS 293.12755. If a majority of the total votes cast on the question are

in favor of the dissolution of the department, the effective date of the

dissolution is the commencement of the fiscal year immediately

following the general election at which the question of dissolution is

approved. The ordinances that had been adopted by the participating

political subdivisions providing for the merger are void on the effective

date of the dissolution.

Sec. 3. 1. Upon the withdrawal of a participating political

subdivision from the department, the committee, in cooperation with the

withdrawing political subdivision, shall determine the employees of the

department that must be transferred to the law enforcement agency of the

withdrawing political subdivision.

2. Such employees must hold positions of rank and grade

comparable to their positions with the department before their transfer

to the withdrawing political subdivision and are entitled to suffer no loss

in pay, pension, fringe benefits or other job benefits by reason of the

transfer.

3. Sick leave, longevity and vacation time accrued to such employees

in the service of the department must be credited to them as employees of

the law enforcement agency of the withdrawing political subdivision. All

rights and accruals of such employees as members of the public

employees’ retirement system pursuant to the Public Employees’

Retirement Act remain in force and must be automatically transferred

from the department to the law enforcement agency of the withdrawing

political subdivision.

4. The duties and responsibilities of such employees must not be

diminished by reason of their transfer to the withdrawing political

subdivision, but their area and division of assignment may be changed at

the discretion of the chief law enforcement officer of the law

enforcement agency of the withdrawing political subdivision.

Sec. 4. 1. Upon the dissolution of a department, employees of the

department may, at the discretion of the employee, obtain employment

with the political subdivision in the boundaries of which the employee

had performed the majority of his duties for the department during the

fiscal year immediately preceding dissolution.

2. Such employees must hold positions of rank and grade

comparable to their positions before dissolution and are entitled to suffer

no loss in pay, pension, fringe benefits or other job benefits by reason of

the dissolution.

3. Sick leave, longevity and vacation time accrued to such employees

in the service of the department must be credited to them as employees of

the law enforcement agencies of the political subdivisions participating

in the department at the time of dissolution. All rights and accruals of

such employees as members of the public employees’ retirement system

pursuant to the Public Employees’ Retirement Act remain in force and

must be automatically transferred from the department to such law

enforcement agencies.

4. The duties and responsibilities of such employees must not be

diminished by reason of the dissolution, but their area and division of

assignment may be changed at the discretion of chief law enforcement

officers of the law enforcement agencies of the political subdivisions to

which the employees are transferred upon dissolution.

Sec. 5. 1. Any contract, franchise or other agreement into which a

department enters after merger for goods or services is subject to

rescission by either party if one or more of the participating political

subdivisions withdraw from the department or the department is

dissolved.

2. A valid claim against a department arising from law enforcement

activity is not diminished or altered by reason of the dissolution of the

department. The participating political subdivisions at the time of

dissolution are liable for any claims resulting from any pending action

or proceeding which involves any debt, demand, liability or obligation or

which has been brought by or against the department after the merger,

irrespective of the nature of such matter in litigation.

Sec. 6. NRS 280.110 is hereby amended to read as follows:

280.110 1. The board of county commissioners of any county and

the governing body of any city or cities located in the county may merge

their respective law enforcement agencies into one metropolitan police

department. To do so, the board of county commissioners of the

participating county and the governing body of each participating city

must each adopt an ordinance providing for the merger. Except with

respect to an ordinance providing for the reorganization of an existing

department pursuant to the provisions of this chapter, any ordinance

providing for a merger must be adopted and become effective on or before

November 30 in the year preceding the commencement of the fiscal year

in which the merger is to occur.

2. [Any participating political subdivision may withdraw from the

metropolitan police department by repealing the ordinance providing for

the merger. The withdrawal must be effective at the beginning of a fiscal

year and notice must be given to all other participating political

subdivisions at least 6 months in advance of that date.

3.] If the act or charter under which a participating city is organized

provides for the appointment of a chief of police and his duties of law

enforcement and the governing body of the city adopts an ordinance for

the merger authorized by this section:

(a) The charter provision for appointment of a chief of police shall be

deemed superseded as long as the ordinance providing for a merger of the

police department of the participating city remains in effect.

(b) The duties of law enforcement vested in the law enforcement

agencies designated in the merger, devolve upon the metropolitan police

department, except the duty to construct, maintain or operate any county

or city jail or detention facility.

[4.] 3. Any nonparticipating city may, by adopting an ordinance

providing for a merger, merge its law enforcement agency into an existing

metropolitan police department with the unanimous consent of the

committee and subject to such rules and regulations as the committee may

adopt which are consistent with the provisions of this chapter.

Sec. 7. NRS 280.220 is hereby amended to read as follows:

280.220 1. Upon merger, the county auditor or county comptroller of

a county which has a department shall:

[1.] (a) Create in the county treasury one or more funds and accounts

within those funds, pursuant to the provisions of NRS 354.470 to 354.626,

inclusive, as the department may request, for the exclusive use of the

department.

[2.] (b) Receive all money from the county, participating cities and any

other source on behalf of the department and deposit the money in the

appropriate department fund.

[3.] (c) Receive all money collected by the department for any purpose,

except criminal and civil fines, and deposit the money in the appropriate

department fund.

[4.] (d) Issue warrants against a department fund in the manner

provided in this chapter.

[5.] (e) Credit any interest earned on money held in a department fund

to any such fund designated by the department.

[6.] (f) Retain in each department fund any balances remaining at the

end of each fiscal year.

2. Within 30 days after the effective date of the withdrawal of a

participating political subdivision from the department, the county

auditor or county comptroller shall issue a warrant to pay to the

withdrawing political subdivision any money held in a department fund

that is attributable to the withdrawing political subdivision based on the

proportion that the total budgetary contribution of the withdrawing

political subdivision to the department bears to the total budgetary

contributions of all the participating political subdivisions to the

department since the time of merger.

3. Within 30 days after the effective date of the dissolution of the

department, the county auditor or county comptroller shall disburse any

money held in a department fund to the participating political

subdivisions at the time of dissolution based on the proportion that the

total budgetary contribution of each participating political subdivision to

the department bears to the total budgetary contributions of all the

participating political subdivisions to the department since the time of

merger.

Sec. 8. NRS 280.262 is hereby amended to read as follows:

280.262 1. In each county in which a metropolitan police department

is established, there is hereby created a taxing district consisting of:

[1.] (a) The area within the boundaries of each incorporated city which

participates in the department; and

[2.] (b) The area of the county outside the boundaries of any

incorporated city.

2. The boundary of the taxing district must not be altered or

abolished as a result of the withdrawal of a participating political

subdivision from the department or the dissolution of the department in

such a manner as to impair any outstanding bonds or other obligations

that are payable from or secured by a pledge of a tax imposed in the

taxing district until those bonds or other obligations have been

discharged in full.

Sec. 9. NRS 280.264 is hereby amended to read as follows:

280.264 1. The committee may, with the consent of the governing

body of the county and each participating city, borrow money from time to

time as general obligations to construct buildings or improve property

used by the department, except a county or city jail or detention facility.

For this purpose, the committee is a “governing body” within the meaning

of NRS 350.524.

2. If general obligations are issued pursuant to this section, the

committee shall determine the amount required in each fiscal year to pay

the interest and required installments of principal, and report this amount

the Nevada tax commission as the budgets of local governments are

reported, for the levy of the requisite tax on all taxable property within the

taxing district.

3. For the purposes of any debt limitation of a county or city,

obligations issued pursuant to this section shall be deemed to be the

respective general obligations of the county and each of the cities in the

same proportion as the percentage of the department’s expenses paid by

the county and each of the cities pursuant to the formula in effect at the

time the obligations are issued.

4. If a participating political subdivision withdraws from the

department, the withdrawing political subdivision becomes liable for the

proportion of the indebtedness for the general obligations issued

pursuant to this section that is attributable to the withdrawing political

subdivision based on the percentage of the department’s expenses paid

by the withdrawing political subdivision pursuant to the formula in

effect at the time the general obligations were issued.

5. Each participating political subdivision at the time of dissolution

becomes liable for the proportion of the indebtedness for the general

obligations issued pursuant to this section that is attributable to each

participating political subdivision based on the percentage of the

department’s expenses paid by each participating political subdivision

pursuant to the formula in effect at the time the general obligations were

issued.

Sec. 10. NRS 280.266 is hereby amended to read as follows:

280.266 1. Upon the adoption of a resolution pursuant to NRS

350.087, the committee may issue a medium-term obligation to purchase

capital equipment or enter into a lease-purchase agreement for capital

equipment.

2. The committee is not required to comply with the provisions of

NRS 350.089 if it issues a medium-term obligation for a lease-purchase

agreement for capital equipment.

3. If a participating political subdivision withdraws from the

department, the withdrawing political subdivision becomes liable for the

proportion of the indebtedness for the medium-term obligations issued

pursuant to this section that is attributable to the withdrawing political

subdivision based on the percentage of the department’s expenses paid

by the withdrawing political subdivision pursuant to the formula in

effect at the time the medium-term obligations were issued.

4. Each participating political subdivision at the time of dissolution

becomes liable for the proportion of the indebtedness for the medium

-term obligations issued pursuant to this section that is attributable to

each participating political subdivision based on the percentage of the

department’s expenses paid by each participating political subdivision

pursuant to the formula in effect at the time the medium-term

obligations were issued.

Sec. 11. NRS 280.340 is hereby amended to read as follows:

280.340 1. Upon merger, the title to and possession of all personal

property which is:

(a) Owned or held by, or in trust for, any of the participating political

subdivisions, or by their officers or agencies in trust for public use; and

(b) Exclusively devoted at the time of merger to the purposes of law

enforcement,

shall be vested in and transferred to the department.

2. Property which is required to be transferred under the provisions of

this section must be inventoried and appraised before the transfer in a

manner which satisfies the accounting requirements of each participating

political subdivision, in order that values may be determined as of the date

of transfer.

3. The department shall hold title to all personal property it acquires

after the time of merger.

4. To acquire personal property, the department may, upon the

approval of the committee and by the unanimous vote of the members of

the governing body of each participating political subdivision, issue

negotiable notes in the amount of the purchase price thereof, which:

(a) Mature not later than 5 years from the date of issuance; and

(b) Bear interest at a rate not to exceed 12 percent per annum.

5. Each participating political subdivision shall provide in its annual

budget for the payment of the principal and interest on the negotiable

notes according to the funding apportionment plan established pursuant to

NRS 280.201 for the fiscal year in which the negotiable notes were issued.

6. If the withdrawal of a participating political subdivision [gives

notice of its intention to withdraw] from the department[,] is approved

pursuant to section 2 of this act, any personal property held by, for the

use and benefit of , or in trust for the department must be immediately

inventoried and appraised. The withdrawing political subdivision is

entitled to receive , on the effective date of the withdrawal, its share of the

value of the personal property, in cash or in kind, or both, or in such other

manner as determined by the committee, based upon the average of:

(a) The proportion that its total contribution of personal property to the

department bears to the total contributions of personal property of all

participating political subdivisions since the time of merger; and

(b) The proportion that its total budgetary contribution to the

department bears to the total budgetary contributions of all participating

political subdivisions since the time of merger.

7. If the dissolution of the department is approved pursuant to

section 2 of this act, any personal property held by, for the use and

benefit of, or in trust for the department must be immediately

inventoried and appraised. Each participating political subdivision at the

time of dissolution is entitled to receive, on the effective date of the

dissolution, its share of the value of the personal property, in cash or in

kind, or both, based upon the average of:

(a) The proportion that its total contribution of personal property to

the department bears to the total contributions of personal property of

all participating political subdivisions to the department since the

effective date of the merger; and

(b) The proportion that its total budgetary contribution to the

department bears to the total budgetary contributions of all participating

political subdivisions to the department since the effective date of the

merger.

8. Upon the effective date of the withdrawal from the department, a

withdrawing political subdivision becomes obligated for the payment of its

share of the unpaid balance of any negotiable note issued by the

department pursuant to subsection 4, determined in accordance with the

funding apportionment plan established pursuant to NRS 280.201 for the

fiscal year in which the negotiable note was issued. The department[, or if

there are only two participating political subdivisions before the effective

date of the withdrawal the other political subdivision,] becomes obligated

for the payment of the remainder of the unpaid balance.

9. Upon the effective date of the dissolution of the department, each

participating political subdivision at the time of dissolution becomes

obligated for the payment of its share of the unpaid balance of any

negotiable note issued by the department pursuant to subsection 4 in the

proportion that its total budgetary contribution to the department during

the fiscal year or years in which the personal property was acquired

bears to the total budgetary contributions of all participating political

subdivisions to the department during that period.

Sec. 12. NRS 280.350 is hereby amended to read as follows:

280.350 1. Upon merger, the department may possess all real

property owned or held by any of the participating political subdivisions

for the purposes of law enforcement at the time of adoption of the

ordinance providing for the merger.

2. Upon a showing of good cause and a majority vote of the

committee, the political subdivision which holds title to property:

(a) Owned or held for the purposes of law enforcement at the time of

adoption of the ordinance providing for the merger; or

(b) Acquired for the use and benefit of or in trust for the department

after the merger,

may repossess the property for public use if the department no longer needs

it for the purposes of law enforcement.

3. The maintenance costs for any real property held for the use and

benefit of or in trust for a department must be paid by the department.

4. The department may, upon the approval of the committee, lease or

rent real property for the purposes of law enforcement.

5. If the withdrawal of a participating political subdivision [gives

notice of its intention to withdraw] from the department[:] is approved

pursuant to section 2 of this act:

(a) The right to possess any real property, the possession of which

passed to the department by operation of this section and the title to which

remains in the withdrawing political subdivision, reverts to the

withdrawing political subdivision upon the effective date of the

withdrawal.

(b) Real property which was acquired for the use and benefit of or in

trust for the department after the merger must immediately be inventoried

and appraised. The withdrawing political subdivision is entitled to receive

, on the effective date of the withdrawal, its share of the value of each

parcel of real property, with improvements thereon, in cash or in kind, or

both, or in such other manner as determined by the committee, in the

proportion that its total budgetary contribution to the department during

the fiscal year or years in which the parcel was acquired and improved

bears to

the total budgetary contributions of all participating political subdivisions

during that time.

6. If the dissolution of the department is approved pursuant to

section 2 of this act:

(a) The right to possess any real property, the possession of which was

passed to the department by operation of this section and the title to

which remains in a participating political subdivision, reverts to that

political subdivision on the effective date of the dissolution.

(b) Real property that was acquired for the use and benefit of or in

trust for the department after the effective date of the merger must

immediately be inventoried and appraised. Each participating political

subdivision at the time of dissolution is entitled to receive, on the

effective date of the dissolution, its share of the value of each such

parcel of real property and any improvements on that property, in cash

or in kind, or both, in the proportion that its total budgetary contribution

to the department during the fiscal year or years in which the parcel was

acquired and improved bears to the total budgetary contributions of all

participating political subdivisions to the department during that period.

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