(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 381–Assemblymen Bache, Neighbors, Giunchigliani, de Braga, Gibbons, Anderson, Berman, Brown, Buckley, Carpenter, Chowning, Freeman, Hettrick, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Parnell, Smith, Tiffany and Von Tobel

 

March 15, 2001

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Joint Sponsors: Senators Amodei and Carlton

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Referred to Concurrent Committees on Government Affairs
and Elections, Procedures, and Ethics

 

SUMMARY—Makes various changes regarding cities and towns. (BDR 21‑67)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: Yes.

 

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

 

AN ACT relating to local governments; revising the provisions relating to the incorporation and organization of cities; directing the Legislative Commission to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town; 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 265.010 is hereby amended to read as follows:

1-2    265.010  No city or town in this state may be organized into an

1-3  incorporated city unless there were more than [250 electors] 1,000

1-4  inhabitants residing within the limits of the city or town [cast ballots at the

1-5  general election last] as determined by the last federal decennial census

1-6  or the population certified by the governor pursuant to NRS 360.285,

1-7  whichever is most recent, preceding the application for incorporation.

1-8    Sec. 2.  NRS 266.055 is hereby amended to read as follows:

1-9    266.055  Municipal corporations organized under the provisions of this

1-10  chapter [shall be, and the same are,] must be divided into three classes:

1-11  1.  Those cities having [20,000] 50,000 or more inhabitants [shall be

1-12  known as] are cities of the first class.

2-1    2.  Those cities having [more than5,000 and less than20,000

2-2  inhabitantsshall be known as] 5,000 or more but less than 50,000

2-3  inhabitants are cities of the second class.

2-4    3.  [All other citiesshall be known as] Those cities having less than

2-5  5,000 inhabitants are cities of the third class.

2-6    Sec. 3.  NRS 266.060 is hereby amended to read as follows:

2-7    266.060  1.  Whenever any city of the second class attains the

2-8  population of [20,000] 50,000 or more, or any city of the third class attains

2-9  the population of 5,000 or more, and that fact is ascertained:

2-10  (a) By actual census taken and certified to the governor by the
mayor; or

2-11  (b) At the option of the city council, by the governor, pursuant to NRS

2-12  360.285, for 2 consecutive years,

2-13  the governor shall declare, by public proclamation, that city to be of the

2-14  first or second class, [as the case may be,] and the city thus changed is

2-15  governed by the provisions of this chapter [,] applicable to cities of the

2-16  higher class.

2-17  2.  An authenticated copy of the governor’s proclamation must be filed

2-18  in the office of the secretary of state.

2-19  Sec. 4.  1.  The Legislative Commission shall appoint a subcommittee

2-20  consisting of six legislators to conduct an interim study to develop and

2-21  recommend proposed enabling legislation for the creation of an

2-22  incorporated town. The subcommittee must consist of:

2-23  (a) Two members appointed by the Majority Leader of the Senate from

2-24  the membership of the Senate Standing Committee on Government Affairs

2-25  during the immediately preceding session of the legislature;

2-26  (b) One member appointed by the Majority Leader of the Senate from

2-27  the membership of the Senate Standing Committee on Taxation during the

2-28  immediately preceding session of the legislature;

2-29  (c) Two members appointed by the Speaker of the Assembly from the

2-30  membership of the Assembly Standing Committee on Government Affairs

2-31  during the immediately preceding session of the legislature; and

2-32  (d) One member appointed by the Speaker of the Assembly from the

2-33  membership of the Assembly Standing Committee on Taxation during the

2-34  immediately preceding session of the legislature.

2-35  2.  The subcommittee may appoint an advisory committee to assist the

2-36  subcommittee in carrying out its duties. Such an advisory committee must

2-37  include a member of the Committee on Local Government Finance and

2-38  representatives of the Nevada League of Cities and Municipalities, the

2-39  Nevada Association of Counties and the Nevada Taxpayers Association, or

2-40  their successor organizations. Members of the advisory committee serve

2-41  without compensation, but are entitled to receive the per diem allowance

2-42  and travel expenses provided for state officers and employees generally

2-43  while engaged in the business of the advisory committee. The per diem

2-44  allowance and travel expenses must be paid from the legislative fund.

2-45  3.  The subcommittee may form such subcommittees of its members as

2-46  are necessary to study specific issues within the jurisdiction of the

2-47  subcommittee.

3-1    4.  The subcommittee shall meet as frequently as necessary to complete

3-2  the recommendations for the proposed legislation.

3-3    5.  In conducting the study, the subcommittee shall:

3-4    (a) Determine appropriate procedures for the incorporation of and the

3-5  governmental structure of an incorporated town;

3-6    (b) Identify and analyze the appropriate mandatory and optional powers

3-7  that the governing body of an incorporated town may exercise;

3-8    (c) Consider the consolidation of any taxing district that may overlap

3-9  with the boundaries of an incorporated town; and

3-10  (d) Consider existing statutes governing incorporated cities and

3-11  unincorporated towns, including, without limitation, population data,

3-12  governmental structure and operations, and any other matter that the

3-13  subcommittee determines is relevant to the study.

3-14  6.  The subcommittee may submit recommended legislation that is

3-15  approved by a majority of the members of the Assembly appointed to the

3-16  subcommittee and a majority of the members of the Senate appointed to the

3-17  subcommittee to the Legislative Commission.

3-18  7.  The Legislative Commission shall submit a report of the results of

3-19  the study and any recommendations for legislation to the 72nd session of

3-20  the Nevada Legislature.

3-21  Sec. 5.  This act becomes effective on passage and approval.

 

3-22  H