(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 99–Committee on Government Affairs

 

(On Behalf of Nevada Association of Counties)

 

February 12, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes regarding elections held by local governments. (BDR 31‑418)

 

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 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 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 of

1-12  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:

2-1    (a) At any time, including, without limitation, on the date of a primary

2-2  city election or a primary state election, if the governing body of the local

2-3  government determines, by a unanimous vote, that an emergency exists; or

2-4    (b) On the [date of a general city election.] first Tuesday after the first

2-5  Monday in June of an odd-numbered year.

2-6    3.  The determination made by the governing body pursuant to

2-7  subsection 2 that an emergency exists is conclusive unless it is shown that

2-8  the governing body acted with fraud or a gross abuse of discretion. An

2-9  action to challenge the determination made by the governing body must be

2-10  commenced within 15 days after the governing body’s determination is

2-11  final. As used in this subsection, “emergency” means any unexpected

2-12  occurrence or combination of occurrences which requires immediate action

2-13  by the governing body of the local government to prevent or mitigate a

2-14  substantial financial loss to the local government or to enable the

2-15  governing body to provide an essential service to the residents of the local

2-16  government.

2-17    [3.] 4. To the allowed revenue from taxes ad valorem determined

2-18  pursuant to NRS 354.59811 for a local government, the executive director

2-19  of the department of taxation shall add any amount approved by the

2-20  legislature for the cost to that local government of any substantial program

2-21  or expense required by legislative enactment.

2-22    Sec. 2. NRS 293.481 is hereby amended to read as follows:

2-23    293.481  1.  Except as otherwise provided in subsection 2 or NRS

2-24  295.121 or 295.217, every governing body of a political subdivision, public

2-25  or quasi-public corporation, or other local agency authorized by law to

2-26  submit questions to the qualified electors or registered voters of a

2-27  designated territory, when the governing body decides to submit a

2-28  question:

2-29    (a) At a general election, shall provide a copy of the question, including

2-30  an explanation of and arguments for and against the question, to each

2-31  county clerk within the designated territory on or before the third Monday

2-32  in July preceding the election.

2-33    (b) At a primary election, shall provide a copy of the question, including

2-34  an explanation of and arguments for and against the question, to each

2-35  county clerk within the designated territory on or before the third Monday

2-36  in May preceding the election.

2-37    (c) At any election other than a primary or general election at which the

2-38  county clerk gives notice of the election or otherwise performs duties in

2-39  connection therewith other than the registration of electors and the making

2-40  of records of registered voters available for the election, shall provide a

2-41  copy of the question, including an explanation of and arguments for and

2-42  against the question, to each county clerk at least 60 days before the

2-43  election.

2-44    (d) At any city election at which the city clerk gives notice of the

2-45  election or otherwise performs duties in connection therewith, shall provide

2-46  a copy of the question, including an explanation of and arguments for and

2-47  against the question, to the city clerk at least 60 days before the election.

2-48    2.  [The requirements of subsection 1 do not apply to any] A question

2-49  may be submitted after the dates specified in subsection 1 if the question

3-1  is expressly privileged or required to be submitted pursuant to the

3-2  provisions of article 19 of the constitution of the State of Nevada , or

3-3  pursuant to the provisions of chapter 295 of NRS or any other statute [to be

3-4  submitted if proposed after the dates specified.] except NRS 293.482,

3-5  354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes

3-6  the governing body to issue bonds upon the approval of the voters.

3-7    3.  A county or city clerk may charge any political subdivision, public

3-8  or quasi-public corporation or other local agency which submits a question

3-9  a reasonable fee sufficient to pay for the increased costs incurred in

3-10  including the question, explanation and arguments on the ballot.

3-11    Sec. 3. NRS 387.3285 is hereby amended to read as follows:

3-12    387.3285  1.  Upon the approval of a majority of the registered voters

3-13  of a county voting upon the question at a general or special election, the

3-14  board of county commissioners in each county with a school district whose

3-15  enrollment is fewer than 25,000 pupils may levy a tax which, when

3-16  combined with any tax imposed pursuant to NRS 387.3287, is not more

3-17  than 75 cents on each $100 of assessed valuation of taxable property within

3-18  the county. The question submitted to the registered voters must contain

3-19  the rate of the proposed additional property tax, stated in dollars and cents

3-20  per $100 assessed valuation, the purpose of the proposed additional

3-21  property tax, the duration of the proposed additional property tax and an

3-22  estimate established by the board of trustees of the increase in the amount

3-23  of property taxes that an owner of a new home with a fair market value of

3-24  $100,000 will pay per year as a result of the passage of the question. The

3-25  duration may not exceed 20 years.

3-26    2.  Upon the approval of a majority of the registered voters of a county

3-27  voting upon the question at a general or special election, the board of

3-28  county commissioners in each county with a school district whose

3-29  enrollment is 25,000 pupils or more may levy a tax which, when combined

3-30  with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents

3-31  on each $100 of assessed valuation of taxable property within the county.

3-32  The question submitted to the registered voters must contain the rate of the

3-33  proposed additional property tax, stated in dollars and cents per $100

3-34  assessed valuation, the purpose of the proposed additional property tax, the

3-35  duration of the proposed additional property tax and an estimate

3-36  established by the board of trustees of the increase in the amount of

3-37  property taxes that an owner of a new home with a fair market value of

3-38  $100,000 will pay per year as a result of the passage of the question. The

3-39  duration may not exceed 20 years.

3-40    3.  Any money collected pursuant to this section must be deposited in

3-41  the county treasury to the credit of the fund for capital projects to be held

3-42  and, except as otherwise provided in NRS 387.3287, to be expended in the

3-43  same manner as other money deposited in that fund.

3-44    4.  A special election may be held:

3-45    (a) At any time, including, without limitation, on the date of a primary

3-46  city election or a primary state election if the board of trustees of the school

3-47  district determines, by a unanimous vote, that an emergency exists; or

3-48    (b) On the [date of a general city election.] first Tuesday after the first

3-49  Monday in June of an odd-numbered year.

4-1    5.  The determination made by the board of trustees pursuant to

4-2  subsection 4 that an emergency exists is conclusive unless it is shown that

4-3  the board of trustees acted with fraud or a gross abuse of discretion. An

4-4  action to challenge the determination made by the board of trustees must be

4-5  commenced within 15 days after the determination made by board of

4-6  trustees is final. As used in this subsection, “emergency” means an

4-7  unexpected occurrence or combination of occurrences that requires

4-8  immediate action by the board of trustees of the school district to prevent

4-9  or mitigate a substantial financial loss to the school district or to enable the

4-10  board of trustees to provide an essential service.

4-11    Sec. 4.  This act becomes effective on July 1, 2001.

 

4-12  H