Assembly Bill No. 441–Assemblyman Perkins

 

March 19, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to library districts. (BDR 33‑980)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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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 libraries; establishing a procedure for the alteration of the boundaries of certain library districts; ratifying certain previously made alterations of the boundaries of certain library districts; 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 379 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  If the trustees of a county library district desire to provide library

1-4  services in territory which is contiguous to its boundaries but is within

1-5  the boundaries of another county library district, a consolidated library

1-6  district or a county, city or town which has a library, the trustees of the

1-7  county library district may submit a request to the trustees of such a

1-8  library or library district to provide library services within that territory.

1-9    2.  If the trustees of a library or library district that receives a request

1-10  pursuant to subsection 1 desire that the library or library district receive

1-11  such library services, the trustees shall conduct a joint study with the

1-12  county library district to determine whether the county library district has

1-13  the financial capability to provide the library services. If the results of the

1-14  study demonstrate that the county library district has such financial

1-15  capability, the county library district may alter its boundaries to include

1-16  the territory.

1-17    3.  If:

1-18    (a) The trustees of a library or library district that receives a request

1-19  pursuant to subsection 1 do not desire that the library or library district

1-20  receive such library services; or

1-21    (b) The results of a study conducted pursuant to subsection 2

1-22  demonstrated that the county library district did not have the financial

1-23  capability to provide the library services,

2-1  the county library district may submit the matter to the board of county

2-2  commissioners of the county for its determination. The board of county

2-3  commissioners may request such information from the county library

2-4  district and library or library district as necessary to make its

2-5  determination. If the board of county commissioners determines it is in

2-6  the best interest of the residents of the territory to receive library services

2-7  from the county library district, the board of county commissioners shall

2-8  by resolution authorize the county library district to alter its boundaries

2-9  to include the territory. In making such a determination, the board of

2-10  county commissioners may solicit public comment from residents who

2-11  are affected by the proposed alteration of the boundaries of the county

2-12  library district  through polling, public hearings, submission of an

2-13  advisory question at an election or any other form of public comment.

2-14    4.  The provisions of this section do not apply to alter the boundaries

2-15  of any library or library district for the purposes of taxes levied for the

2-16  repayment, when due, of the principal of and interest on bonds, notes or

2-17  other indebtedness issued before the effective date of the alteration.

2-18    Sec. 2.  NRS 379.0224 is hereby amended to read as follows:

2-19    379.0224  The boundaries of a consolidated library district include all

2-20  of the area of:

2-21    1.  Each city that is consolidated into the county library district;

2-22    2.  The county library district at the time of the establishment of the

2-23  consolidated library district, except for an area annexed by another city

2-24  which:

2-25    (a) Is not consolidated into the county library district; [and]

2-26    (b) Has established a city library pursuant to NRS 379.105 or created a

2-27  municipal library district pursuant to the provisions of its charter; and

2-28    (c) Is included in a county library district, that has not merged with

2-29  the consolidated library district, pursuant to an interlocal agreement

2-30  before the effective date of this act or pursuant to section 1 of this act;

2-31  and

2-32    3.  Any other county library district which has merged with the county

2-33  library district being consolidated.

2-34    Sec. 3.  1.  Any alteration of the boundaries of a county library

2-35  district to which the board of trustees of the county library district and the

2-36  board of trustees of the consolidated library district agreed pursuant to an

2-37  interlocal agreement before the effective date of this act is hereby ratified

2-38  and becomes effective on the effective date of this act. The amendatory

2-39  provisions of section 2 of this act apply retroactively to an alteration of the

2-40  boundaries of a consolidated library district to which the board of trustees

2-41  of the consolidated library district and the board of trustees of the county

2-42  library district agreed pursuant to an interlocal agreement before the

2-43  effective date of this act.

2-44    2.  The altered boundaries resulting from any interlocal agreement

2-45  described in subsection 1 must be used for any election to authorize the

2-46  issuance of bonds or other form of indebtedness for the consolidated or

2-47  county library district that is held after the effective date of this act.

2-48    3.  The amendatory provisions of this section do not apply to alter the

2-49  boundaries of a consolidated or county library district for the purposes of

3-1  taxes levied for the repayment, when due, of the principal of and interest

3-2  on bonds, notes or other indebtedness issued before the effective date of

3-3  this act.

3-4    Sec. 4.  This act becomes effective upon passage and approval.

 

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