Assembly Bill No. 99–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to local governments; revising the dates on which certain special elections may be held; clarifying the period in which a copy, explanation of and arguments for and against certain ballot questions must be submitted to the county Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).or city clerk before an election; 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 354.5982 is hereby amended to read as follows:

1-2    354.5982  1.  The local government may exceed the limit imposed by

1-3   NRS 354.59811 upon the calculated receipts from taxes ad valorem only if

1-4   its governing body proposes to its registered voters an additional property

1-5   tax, and the proposal is approved by a majority of the voters voting on the

1-6   question at a general election, a general city election or a special election

1-7   called for that purpose. The question submitted to the voters must contain

1-8   the rate of the proposed additional property tax stated in dollars and cents

1-9   per $100 assessed valuation, the purpose of the proposed additional

1-10   property tax, the duration of the proposed additional property tax and an

1-11   estimate established by the governing body of the increase in the amount

1-12   of property taxes that an owner of a new home with a fair market value of

1-13   $100,000 will pay per year as a result of the passage of the question. The

1-14   duration of the levy must not exceed 30 years. The governing body may

1-15   discontinue the levy before it expires and may not thereafter reimpose it in

1-16   whole or in part without following the procedure required for its original

1-17   imposition.

1-18    2.  A special election may be held:

1-19    (a) At any time, including, without limitation, on the date of a primary

1-20   city election or a primary state election, if the governing body of the local

1-21   government determines, by a unanimous vote, that an emergency exists; or

1-22    (b) On the [date of a general city election.] first Tuesday after the first

1-23   Monday in June of an odd-numbered year.

1-24    3.  The determination made by the governing body pursuant to

1-25   subsection 2 that an emergency exists is conclusive unless it is shown that

1-26   the governing body acted with fraud or a gross abuse of discretion. An

1-27   action to challenge the determination made by the governing body must be

1-28   commenced within 15 days after the governing body’s determination is

1-29   final. As used in this subsection, “emergency” means any unexpected

1-30   occurrence or combination of occurrences which requires immediate

1-31   action by the governing body of the local government to prevent or

1-32   mitigate a substantial financial loss to the local government or to enable

1-33   the governing body to provide an essential service to the residents of the

1-34   local government.

1-35    [3.] 4. To the allowed revenue from taxes ad valorem determined

1-36   pursuant to NRS 354.59811 for a local government, the executive director

1-37   of the department of taxation shall add any amount approved by the

1-38   legislature for the cost to that local government of any substantial program

1-39   or expense required by legislative enactment.

 

 

2-1    Sec. 2. NRS 293.481 is hereby amended to read as follows:

2-2    293.481  1.  Except as otherwise provided in subsection 2 or NRS

2-3   295.121 or 295.217, every governing body of a political subdivision,

2-4   public or quasi-public corporation, or other local agency authorized by law

2-5   to submit questions to the qualified electors or registered voters of a

2-6   designated territory, when the governing body decides to submit a

2-7   question:

2-8    (a) At a general election, shall provide a copy of the question, including

2-9   an explanation of and arguments for and against the question, to each

2-10   county clerk within the designated territory on or before the third Monday

2-11   in July preceding the election.

2-12    (b) At a primary election, shall provide a copy of the question, including

2-13   an explanation of and arguments for and against the question, to each

2-14   county clerk within the designated territory on or before the third Monday

2-15   in May preceding the election.

2-16    (c) At any election other than a primary or general election at which the

2-17   county clerk gives notice of the election or otherwise performs duties in

2-18   connection therewith other than the registration of electors and the making

2-19   of records of registered voters available for the election, shall provide a

2-20   copy of the question, including an explanation of and arguments for and

2-21   against the question, to each county clerk at least 60 days before the

2-22   election.

2-23    (d) At any city election at which the city clerk gives notice of the

2-24   election or otherwise performs duties in connection therewith, shall

2-25   provide a copy of the question, including an explanation of and arguments

2-26   for and against the question, to the city clerk at least 60 days before the

2-27   election.

2-28    2.  [The requirements of subsection 1 do not apply to any] A question

2-29   may be submitted after the dates specified in subsection 1 if the question

2-30   is expressly privileged or required to be submitted pursuant to the

2-31   provisions of article 19 of the constitution of the State of Nevada , or

2-32   pursuant to the provisions of chapter 295 of NRS or any other statute [to

2-33   be submitted if proposed after the dates specified.] except NRS 293.482,

2-34   354.59817, 354.5982, 387.3285 or 387.3287 or any statute that

2-35   authorizes the governing body to issue bonds upon the approval of the

2-36   voters.

2-37    3.  A county or city clerk may charge any political subdivision, public

2-38   or quasi-public corporation or other local agency which submits a question

2-39   a reasonable fee sufficient to pay for the increased costs incurred in

2-40   including the question, explanation and arguments on the ballot.

2-41    Sec. 3. NRS 387.3285 is hereby amended to read as follows:

2-42    387.3285  1.  Upon the approval of a majority of the registered voters

2-43   of a county voting upon the question at a general or special election, the

2-44   board of county commissioners in each county with a school district

2-45   whose enrollment is fewer than 25,000 pupils may levy a tax which, when

2-46   combined with any tax imposed pursuant to NRS 387.3287, is not more

2-47   than 75 cents on each $100 of assessed valuation of taxable property

2-48   within the county. The question submitted to the registered voters must

2-49   contain the rate of the proposed additional property tax, stated in dollars

2-50   and cents per $100 assessed valuation, the purpose of the proposed

2-51   additional property tax, the duration of the proposed additional property

2-52   tax and an estimate established by the board of trustees of the increase in

2-53   the amount

3-1  of property taxes that an owner of a new home with a fair market value of

3-2  $100,000 will pay per year as a result of the passage of the question. The

3-3   duration may not exceed 20 years.

3-4    2.  Upon the approval of a majority of the registered voters of a county

3-5   voting upon the question at a general or special election, the board of

3-6   county commissioners in each county with a school district whose

3-7   enrollment is 25,000 pupils or more may levy a tax which, when combined

3-8   with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents

3-9   on each $100 of assessed valuation of taxable property within the county.

3-10   The question submitted to the registered voters must contain the rate of the

3-11   proposed additional property tax, stated in dollars and cents per $100

3-12   assessed valuation, the purpose of the proposed additional property tax,

3-13   the duration of the proposed additional property tax and an estimate

3-14   established by the board of trustees of the increase in the amount of

3-15   property taxes that an owner of a new home with a fair market value of

3-16   $100,000 will pay per year as a result of the passage of the question. The

3-17   duration may not exceed 20 years.

3-18    3.  Any money collected pursuant to this section must be deposited in

3-19   the county treasury to the credit of the fund for capital projects to be held

3-20   and, except as otherwise provided in NRS 387.3287, to be expended in the

3-21   same manner as other money deposited in that fund.

3-22    4.  A special election may be held:

3-23    (a) At any time, including, without limitation, on the date of a primary

3-24   city election or a primary state election if the board of trustees of the

3-25   school district determines, by a unanimous vote, that an emergency exists;

3-26   or

3-27    (b) On the [date of a general city election.] first Tuesday after the first

3-28   Monday in June of an odd-numbered year.

3-29    5.  The determination made by the board of trustees pursuant to

3-30   subsection 4 that an emergency exists is conclusive unless it is shown that

3-31   the board of trustees acted with fraud or a gross abuse of discretion. An

3-32   action to challenge the determination made by the board of trustees must

3-33   be commenced within 15 days after the determination made by board of

3-34   trustees is final. As used in this subsection, “emergency” means an

3-35   unexpected occurrence or combination of occurrences that requires

3-36   immediate action by the board of trustees of the school district to prevent

3-37   or mitigate a substantial financial loss to the school district or to enable the

3-38   board of trustees to provide an essential service.

3-39    Sec. 4.  This act becomes effective on July 1, 2001.

 

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