(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

February 20, 2001

____________

 

Joint Sponsors: Senators O’Connell, Wiener, Titus,

Schneider and Shaffer

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing metropolitan police departments. (BDR 22‑47)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1    Section 1.  Chapter 280 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec. 2.  1.  If a participating political subdivision in a department

1-4  that consists of three or more participating political subdivisions wishes

1-5  to withdraw from the department, the participating political subdivision

1-6  must submit the question of whether the political subdivision should

1-7  withdraw from the department to the registered voters of the political

1-8  subdivision at a general election held pursuant to NRS 293.12755. The

1-9  participating political subdivision shall give notice of its intent to

1-10  withdraw to the other participating political subdivisions at least 6

1-11  months before that general election. If a majority of the voters approve

1-12  the question, the effective date of the withdrawal is the commencement of

1-13  the fiscal year immediately following the general election at which the

1-14  question of withdrawal is approved. The ordinance that had been adopted

2-1  by the withdrawing political subdivision providing for the merger is void

2-2  on the effective date of the withdrawal.

2-3    2.  If a department consists of:

2-4    (a) Two participating political subdivisions and one of the

2-5  participating political subdivisions determines that it wishes to withdraw;

2-6  or

2-7    (b) Three or more participating political subdivisions and all or all

2-8  except one of the participating political subdivisions determine that they

2-9  wish to withdraw,

2-10  the participating political subdivisions must each submit the question of

2-11  whether the department should be dissolved to the registered voters

2-12  within their jurisdiction at the next general election held pursuant to

2-13  NRS 293.12755. If a majority of the total votes cast on the question are in

2-14  favor of the dissolution of the department, the effective date of the

2-15  dissolution is the commencement of the fiscal year immediately following

2-16  the general election at which the question of dissolution is approved. The

2-17  ordinances that had been adopted by the participating political

2-18  subdivisions providing for the merger are void on the effective date of the

2-19  dissolution.

2-20    Sec. 3.  1.  Upon the withdrawal of a participating political

2-21  subdivision from the department, the committee, in cooperation with the

2-22  withdrawing political subdivision, shall determine the employees of the

2-23  department that must be transferred to the law enforcement agency of the

2-24  withdrawing political subdivision.

2-25    2.  Such employees must hold positions of rank and grade

2-26  comparable to their positions with the department before their transfer to

2-27  the withdrawing political subdivision and are entitled to suffer no loss in

2-28  pay, pension, fringe benefits or other job benefits by reason of the

2-29  transfer.

2-30    3.  Sick leave, longevity and vacation time accrued to such employees

2-31  in the service of the department must be credited to them as employees of

2-32  the law enforcement agency of the withdrawing political subdivision. All

2-33  rights and accruals of such employees as members of the public

2-34  employees’ retirement system pursuant to the Public Employees’

2-35  Retirement Act remain in force and must be automatically transferred

2-36  from the department to the law enforcement agency of the withdrawing

2-37  political subdivision.

2-38    4.  The duties and responsibilities of such employees must not be

2-39  diminished by reason of their transfer to the withdrawing political

2-40  subdivision, but their area and division of assignment may be changed at

2-41  the discretion of the chief law enforcement officer of the law

2-42  enforcement agency of the withdrawing political subdivision.

2-43    Sec. 4.  1.  Upon the dissolution of a department, employees of the

2-44  department may, at the discretion of the employee, obtain employment

2-45  with the political subdivision in the boundaries of which the employee

2-46  had performed the majority of his duties for the department during the

2-47  fiscal year immediately preceding dissolution.

3-1    2.  Such employees must hold positions of rank and grade

3-2  comparable to their positions before dissolution and are entitled to suffer

3-3  no loss in pay, pension, fringe benefits or other job benefits by reason of

3-4  the dissolution.

3-5    3.  Sick leave, longevity and vacation time accrued to such employees

3-6  in the service of the department must be credited to them as employees of

3-7  the law enforcement agencies of the political subdivisions participating

3-8  in the department at the time of dissolution. All rights and accruals of

3-9  such employees as members of the public employees’ retirement system

3-10  pursuant to the Public Employees’ Retirement Act remain in force and

3-11  must be automatically transferred from the department to such law

3-12  enforcement agencies.

3-13    4.  The duties and responsibilities of such employees must not be

3-14  diminished by reason of the dissolution, but their area and division of

3-15  assignment may be changed at the discretion of chief law enforcement

3-16  officers of the law enforcement agencies of the political subdivisions to

3-17  which the employees are transferred upon dissolution.

3-18    Sec. 5.  1.  Any contract, franchise or other agreement into which a

3-19  department enters after merger for goods or services is subject to

3-20  rescission by either party if one or more of the participating political

3-21  subdivisions withdraw from the department or the department is

3-22  dissolved.

3-23    2.  A valid claim against a department arising from law enforcement

3-24  activity is not diminished or altered by reason of the dissolution of the

3-25  department. The participating political subdivisions at the time of

3-26  dissolution are liable for any claims resulting from any pending action or

3-27  proceeding which involves any debt, demand, liability or obligation or

3-28  which has been brought by or against the department after the merger,

3-29  irrespective of the nature of such matter in litigation.

3-30    Sec. 6.  NRS 280.110 is hereby amended to read as follows:

3-31    280.110  1.  The board of county commissioners of any county and

3-32  the governing body of any city or cities located in the county may merge

3-33  their respective law enforcement agencies into one metropolitan police

3-34  department. To do so, the board of county commissioners of the

3-35  participating county and the governing body of each participating city must

3-36  each adopt an ordinance providing for the merger. Except with respect to

3-37  an ordinance providing for the reorganization of an existing department

3-38  pursuant to the provisions of this chapter, any ordinance providing for a

3-39  merger must be adopted and become effective on or before November 30

3-40  in the year preceding the commencement of the fiscal year in which the

3-41  merger is to occur.

3-42    2.  [Any participating political subdivision may withdraw from the

3-43  metropolitan police department by repealing the ordinance providing for

3-44  the merger. The withdrawal must be effective at the beginning of a fiscal

3-45  year and notice must be given to all other participating political

3-46  subdivisions at least 6 months in advance of that date.

3-47    3.] If the act or charter under which a participating city is organized

3-48  provides for the appointment of a chief of police and his duties of law

4-1  enforcement and the governing body of the city adopts an ordinance for the

4-2  merger authorized by this section:

4-3    (a) The charter provision for appointment of a chief of police shall be

4-4  deemed superseded as long as the ordinance providing for a merger of the

4-5  police department of the participating city remains in effect.

4-6    (b) The duties of law enforcement vested in the law enforcement

4-7  agencies designated in the merger, devolve upon the metropolitan police

4-8  department, except the duty to construct, maintain or operate any county or

4-9  city jail or detention facility.

4-10    [4.] 3. Any nonparticipating city may, by adopting an ordinance

4-11  providing for a merger, merge its law enforcement agency into an existing

4-12  metropolitan police department with the unanimous consent of the

4-13  committee and subject to such rules and regulations as the committee may

4-14  adopt which are consistent with the provisions of this chapter.

4-15    Sec. 7.  NRS 280.220 is hereby amended to read as follows:

4-16    280.220  1.  Upon merger, the county auditor or county comptroller of

4-17  a county which has a department shall:

4-18    [1.] (a) Create in the county treasury one or more funds and accounts

4-19  within those funds, pursuant to the provisions of NRS 354.470 to 354.626,

4-20  inclusive, as the department may request, for the exclusive use of the

4-21  department.

4-22    [2.] (b) Receive all money from the county, participating cities and any

4-23  other source on behalf of the department and deposit the money in the

4-24  appropriate department fund.

4-25    [3.] (c) Receive all money collected by the department for any purpose,

4-26  except criminal and civil fines, and deposit the money in the appropriate

4-27  department fund.

4-28    [4.] (d) Issue warrants against a department fund in the manner

4-29  provided in this chapter.

4-30    [5.] (e) Credit any interest earned on money held in a department fund

4-31  to any such fund designated by the department.

4-32    [6.] (f) Retain in each department fund any balances remaining at the

4-33  end of each fiscal year.

4-34    2.  Within 30 days after the effective date of the withdrawal of a

4-35  participating political subdivision from the department, the county

4-36  auditor or county comptroller shall issue a warrant to pay to the

4-37  withdrawing political subdivision any money held in a department fund

4-38  that is attributable to the withdrawing political subdivision based on the

4-39  proportion that the total budgetary contribution of the withdrawing

4-40  political subdivision to the department bears to the total budgetary

4-41  contributions of all the participating political subdivisions to the

4-42  department since the time of merger.

4-43    3.  Within 30 days after the effective date of the dissolution of the

4-44  department, the county auditor or county comptroller shall disburse any

4-45  money held in a department fund to the participating political

4-46  subdivisions at the time of dissolution based on the proportion that the

4-47  total budgetary contribution of each participating political subdivision to

4-48  the department bears to the total budgetary contributions of all the

5-1  participating political subdivisions to the department since the time of

5-2  merger.

5-3    Sec. 8.  NRS 280.262 is hereby amended to read as follows:

5-4    280.262  1.  In each county in which a metropolitan police department

5-5  is established, there is hereby created a taxing district consisting of:

5-6    [1.] (a) The area within the boundaries of each incorporated city which

5-7  participates in the department; and

5-8    [2.] (b) The area of the county outside the boundaries of any

5-9  incorporated city.

5-10    2.  The boundary of the taxing district must not be altered or

5-11  abolished as a result of the withdrawal of a participating political

5-12  subdivision from the department or the dissolution of the department in

5-13  such a manner as to impair any outstanding bonds or other obligations

5-14  that are payable from or secured by a pledge of a tax imposed in the

5-15  taxing district until those bonds or other obligations have been

5-16  discharged in full.

5-17    Sec. 9.  NRS 280.264 is hereby amended to read as follows:

5-18    280.264  1.  The committee may, with the consent of the governing

5-19  body of the county and each participating city, borrow money from time to

5-20  time as general obligations to construct buildings or improve property used

5-21  by the department, except a county or city jail or detention facility. For this

5-22  purpose, the committee is a “governing body” within the meaning of NRS

5-23  350.524.

5-24    2.  If general obligations are issued pursuant to this section, the

5-25  committee shall determine the amount required in each fiscal year to pay

5-26  the interest and required installments of principal, and report this amount to

5-27  the Nevada tax commission as the budgets of local governments are

5-28  reported, for the levy of the requisite tax on all taxable property within the

5-29  taxing district.

5-30    3.  For the purposes of any debt limitation of a county or city,

5-31  obligations issued pursuant to this section shall be deemed to be the

5-32  respective general obligations of the county and each of the cities in the

5-33  same proportion as the percentage of the department’s expenses paid by the

5-34  county and each of the cities pursuant to the formula in effect at the time

5-35  the obligations are issued.

5-36    4.  If a participating political subdivision withdraws from the

5-37  department, the withdrawing political subdivision becomes liable for the

5-38  proportion of the indebtedness for the general obligations issued

5-39  pursuant to this section that is attributable to the withdrawing political

5-40  subdivision based on the percentage of the department’s expenses paid by

5-41  the withdrawing political subdivision pursuant to the formula in effect at

5-42  the time the general obligations were issued.

5-43    5.  Each participating political subdivision at the time of dissolution

5-44  becomes liable for the proportion of the indebtedness for the general

5-45  obligations issued pursuant to this section that is attributable to each

5-46  participating political subdivision based on the percentage of the

5-47  department’s expenses paid by each participating political subdivision

5-48  pursuant to the formula in effect at the time the general obligations were

5-49  issued.

6-1    Sec. 10.  NRS 280.266 is hereby amended to read as follows:

6-2    280.266  1.  Upon the adoption of a resolution pursuant to NRS

6-3  350.087, the committee may issue a medium-term obligation to purchase

6-4  capital equipment or enter into a lease-purchase agreement for capital

6-5  equipment.

6-6    2.  The committee is not required to comply with the provisions of

6-7  NRS 350.089 if it issues a medium-term obligation for a lease-purchase

6-8  agreement for capital equipment.

6-9    3.  If a participating political subdivision withdraws from the

6-10  department, the withdrawing political subdivision becomes liable for the

6-11  proportion of the indebtedness for the medium-term obligations issued

6-12  pursuant to this section that is attributable to the withdrawing political

6-13  subdivision based on the percentage of the department’s expenses paid by

6-14  the withdrawing political subdivision pursuant to the formula in effect at

6-15  the time the medium-term obligations were issued.

6-16    4.  Each participating political subdivision at the time of dissolution

6-17  becomes liable for the proportion of the indebtedness for the medium-

6-18  term obligations issued pursuant to this section that is attributable to

6-19  each participating political subdivision based on the percentage of the

6-20  department’s expenses paid by each participating political subdivision

6-21  pursuant to the formula in effect at the time the medium-term obligations

6-22  were issued.

6-23    Sec. 11.  NRS 280.340 is hereby amended to read as follows:

6-24    280.340  1.  Upon merger, the title to and possession of all personal

6-25  property which is:

6-26    (a) Owned or held by, or in trust for, any of the participating political

6-27  subdivisions, or by their officers or agencies in trust for public use; and

6-28    (b) Exclusively devoted at the time of merger to the purposes of law

6-29  enforcement,

6-30  shall be vested in and transferred to the department.

6-31    2.  Property which is required to be transferred under the provisions of

6-32  this section must be inventoried and appraised before the transfer in a

6-33  manner which satisfies the accounting requirements of each participating

6-34  political subdivision, in order that values may be determined as of the date

6-35  of transfer.

6-36    3.  The department shall hold title to all personal property it acquires

6-37  after the time of merger.

6-38    4.  To acquire personal property, the department may, upon the

6-39  approval of the committee and by the unanimous vote of the members of

6-40  the governing body of each participating political subdivision, issue

6-41  negotiable notes in the amount of the purchase price thereof, which:

6-42    (a) Mature not later than 5 years from the date of issuance; and

6-43    (b) Bear interest at a rate not to exceed 12 percent per annum.

6-44    5.  Each participating political subdivision shall provide in its annual

6-45  budget for the payment of the principal and interest on the negotiable notes

6-46  according to the funding apportionment plan established pursuant to NRS

6-47  280.201 for the fiscal year in which the negotiable notes were issued.

6-48    6.  If the withdrawal of a participating political subdivision [gives

6-49  notice of its intention to withdraw] from the department[,] is approved

7-1  pursuant to section 2 of this act, any personal property held by, for the use

7-2  and benefit of , or in trust for the department must be immediately

7-3  inventoried and appraised. The withdrawing political subdivision is entitled

7-4  to receive , on the effective date of the withdrawal, its share of the value of

7-5  the personal property, in cash or in kind, or both, or in such other manner

7-6  as determined by the committee, based upon the average of:

7-7    (a) The proportion that its total contribution of personal property to the

7-8  department bears to the total contributions of personal property of all

7-9  participating political subdivisions since the time of merger; and

7-10    (b) The proportion that its total budgetary contribution to the

7-11  department bears to the total budgetary contributions of all participating

7-12  political subdivisions since the time of merger.

7-13    7.  If the dissolution of the department is approved pursuant to

7-14  section 2 of this act, any personal property held by, for the use and

7-15  benefit of, or in trust for the department must be immediately inventoried

7-16  and appraised. Each participating political subdivision at the time of

7-17  dissolution is entitled to receive, on the effective date of the dissolution,

7-18  its share of the value of the personal property, in cash or in kind, or both,

7-19  based upon the average of:

7-20    (a) The proportion that its total contribution of personal property to

7-21  the department bears to the total contributions of personal property of all

7-22  participating political subdivisions to the department since the effective

7-23  date of the merger; and

7-24    (b) The proportion that its total budgetary contribution to the

7-25  department bears to the total budgetary contributions of all participating

7-26  political subdivisions to the department since the effective date of the

7-27  merger.

7-28    8.  Upon the effective date of the withdrawal from the department, a

7-29  withdrawing political subdivision becomes obligated for the payment of its

7-30  share of the unpaid balance of any negotiable note issued by the

7-31  department pursuant to subsection 4, determined in accordance with the

7-32  funding apportionment plan established pursuant to NRS 280.201 for the

7-33  fiscal year in which the negotiable note was issued. The department[, or if

7-34  there are only two participating political subdivisions before the effective

7-35  date of the withdrawal the other political subdivision,] becomes obligated

7-36  for the payment of the remainder of the unpaid balance.

7-37    9.  Upon the effective date of the dissolution of the department, each

7-38  participating political subdivision at the time of dissolution becomes

7-39  obligated for the payment of its share of the unpaid balance of any

7-40  negotiable note issued by the department pursuant to subsection 4 in the

7-41  proportion that its total budgetary contribution to the department during

7-42  the fiscal year or years in which the personal property was acquired

7-43  bears to the total budgetary contributions of all participating political

7-44  subdivisions to the department during that period.

7-45    Sec. 12.  NRS 280.350 is hereby amended to read as follows:

7-46    280.350  1.  Upon merger, the department may possess all real

7-47  property owned or held by any of the participating political subdivisions

7-48  for the purposes of law enforcement at the time of adoption of the

7-49  ordinance providing for the merger.

8-1    2.  Upon a showing of good cause and a majority vote of the

8-2  committee, the political subdivision which holds title to property:

8-3    (a) Owned or held for the purposes of law enforcement at the time of

8-4  adoption of the ordinance providing for the merger; or

8-5    (b) Acquired for the use and benefit of or in trust for the department

8-6  after the merger,

8-7  may repossess the property for public use if the department no longer needs

8-8  it for the purposes of law enforcement.

8-9    3.  The maintenance costs for any real property held for the use and

8-10  benefit of or in trust for a department must be paid by the department.

8-11    4.  The department may, upon the approval of the committee, lease or

8-12  rent real property for the purposes of law enforcement.

8-13    5.  If the withdrawal of a participating political subdivision [gives

8-14  notice of its intention to withdraw] from the department[:] is approved

8-15  pursuant to section 2 of this act:

8-16    (a) The right to possess any real property, the possession of which

8-17  passed to the department by operation of this section and the title to which

8-18  remains in the withdrawing political subdivision, reverts to the

8-19  withdrawing political subdivision upon the effective date of the

8-20  withdrawal.

8-21    (b) Real property which was acquired for the use and benefit of or in

8-22  trust for the department after the merger must immediately be inventoried

8-23  and appraised. The withdrawing political subdivision is entitled to receive ,

8-24  on the effective date of the withdrawal, its share of the value of each

8-25  parcel of real property, with improvements thereon, in cash or in kind, or

8-26  both, or in such other manner as determined by the committee, in the

8-27  proportion that its total budgetary contribution to the department during the

8-28  fiscal year or years in which the parcel was acquired and improved bears to

8-29  the total budgetary contributions of all participating political subdivisions

8-30  during that time.

8-31    6.  If the dissolution of the department is approved pursuant to

8-32  section 2 of this act:

8-33    (a) The right to possess any real property, the possession of which was

8-34  passed to the department by operation of this section and the title to

8-35  which remains in a participating political subdivision, reverts to that

8-36  political subdivision on the effective date of the dissolution.

8-37    (b) Real property that was acquired for the use and benefit of or in

8-38  trust for the department after the effective date of the merger must

8-39  immediately be inventoried and appraised. Each participating political

8-40  subdivision at the time of dissolution is entitled to receive, on the effective

8-41  date of the dissolution, its share of the value of each such parcel of real

8-42  property and any improvements on that property, in cash or in kind, or

8-43  both, in the proportion that its total budgetary contribution to the

8-44  department during the fiscal year or years in which the parcel was

8-45  acquired and improved bears to the total budgetary contributions of all

8-46  participating political subdivisions to the department during that period.

 

8-47  H