Assembly Bill No. 441–Assemblyman Perkins

 

CHAPTER..........

 

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:

 

   Section 1.  Chapter 379 of NRS is hereby amended by adding thereto a

 new section to read as follows:

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

 services in territory which is contiguous to its boundaries but is within

 the boundaries of another county library district, a consolidated library

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

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

 library or library district to provide library services within that territory.

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

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

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

 county library district to determine whether the county library district

 has the financial capability to provide the library services. If the results

 of the study demonstrate that the county library district has such

 financial capability, the county library district may alter its boundaries

 to include the territory.

   3.  If:

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

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

 receive such library services; or

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

 demonstrated that the county library district did not have the financial

 capability to provide the library services,

the county library district may submit the matter to the board of county

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

 commissioners may request such information from the county library

 district and library or library district as necessary to make its

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

 the best interest of the residents of the territory to receive library services

 from the county library district, the board of county commissioners shall

 by resolution authorize the county library district to alter its boundaries

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

 county commissioners may solicit public comment from residents who

 are affected by the proposed alteration of the boundaries of the county

 library district  through polling, public hearings, submission of an

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

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

 of any library or library district for the purposes of taxes levied for the

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

 other indebtedness issued before the effective date of the alteration.

 

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

   379.0224  The boundaries of a consolidated library district include all

 of the area of:

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

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

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

 which:

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

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

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

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

 the consolidated library district, pursuant to an interlocal agreement

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

 and

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

 library district being consolidated.

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

 district to which the board of trustees of the county library district and the

 board of trustees of the consolidated library district agreed pursuant to an

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

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

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

 boundaries of a consolidated library district to which the board of trustees

 of the consolidated library district and the board of trustees of the county

 library district agreed pursuant to an interlocal agreement before the

 effective date of this act.

   2.  The altered boundaries resulting from any interlocal agreement

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

 issuance of bonds or other form of indebtedness for the consolidated or

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

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

 boundaries of a consolidated or county library district for the purposes of

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

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

 this act.

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

 

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