2001 REGULAR SESSION (71st) A SB553 R1 917
Amendment Box: Resolves conflicts with A.B. No. 96, S.B. No. 60, S.B. No. 123, S.B. No. 203 and S.B. No. 474. Makes substantive changes.
Resolves Conflicts with: AB96, SB60, SB123, SB203 and SB474.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 10, page 2, line 45, after “inclusive,” by inserting:
“and sections 2 and 3of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 11, page 3, line 16, by deleting “and contemplated”.
Amend sec. 11, page 3, lines 17 and 18, by deleting “and contemplated”.
Amend sec. 11, page 3, line 20, after “(b)” by inserting:
“A complete statement, in the detail and form established by the committee on local government finance, of general obligation debt and special elective taxes contemplated to be submitted to the commission during the fiscal year.
(c)”.
Amend sec. 11, page 3, lines 27 and 28, by deleting “ad valorem” and inserting “property”.
Amend sec. 11, page 3, lines 30 and 31, by deleting “ad valorem” and inserting “property”.
Amend sec. 11, page 3, line 40, by deleting “(c),” and inserting “(d),”.
Amend sec. 11, page 3, line 41, after “the” by inserting “property”.
Amend sec. 11, page 3, line 42, by deleting “(c)” and inserting “(d)”.
Amend sec. 11, page 3, line 43, by deleting “[3] 5” and inserting “5”.
Amend sec. 11, page 4, line 1, by deleting “(d)” and inserting “(e)”.
Amend sec. 11, page 4, line 7, by deleting “The” and inserting:
“Except as otherwise provided in subsection 4, the”.
Amend sec. 11, page 4, line 8, by deleting “annually.” and inserting:
“once each fiscal year.”.
Amend sec. 11, page 4, line 9, after “4” by inserting:
“In a county whose population is 100,000 or more, the governing body of each municipality shall update all statements and plans required by subsection 1 not less often than once each fiscal year and not more often than twice each fiscal year, except that a municipality may update a statement or plan required by subsection 1 more often than twice each fiscal year:
(a) If the governing body determines, by a two-thirds vote, that an emergency requires that a statement or plan be updated;
(b) To include an item related to:
(1) An installment purchase that does not count against a debt limit; or
(2) An obligation for which no additional property tax is expected;
(c) To update the purpose of a special elective tax without changing the rate of the special elective tax; or
(d) To comply with the requirements of subsection 5 of NRS 268.625 or subsection 1 of NRS 350.091.
5.”.
Amend sec. 12, page 4, line 44, by deleting “or”.
Amend sec. 12, page 4, line 46, by deleting “ad valorem” and inserting “property”.
Amend sec. 12, page 5, lines 3 and 5, by deleting “ad valorem” and inserting “property”.
Amend sec. 12, page 5, line 11, after “agreement” by inserting:
“which complies with NRS 361.457 and which is”.
Amend sec. 12, page 5, by deleting lines 14 through 18 and inserting:
“the statutory limitation or unless the commission adopts a plan that is approved by the executive director of the department of taxation pursuant to which the combined property tax rate will be in compliance with the statutory limitation; or
(c) If, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b), the proposal will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:
(1) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or
(2) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.
5. Except as otherwise provided in subsection 6, ifgeneral obligation debt is to be incurred more than 36 months”.
Amend sec. 12, page 5, between lines 44 and 45, by inserting:
“6. The executive director of the department of taxation may not approve a proposal pursuant to subsection 5 which, based upon the factors listed in subparagraphs (1) to (4), inclusive, of paragraph (b) of subsection 4, will affect the ability of an affected governmental entity to levy the maximum amount of property taxes that it may levy pursuant to NRS 354.59811, unless:
(a) The proposal includes a resolution approving the proposal pursuant to subsection 3 of section 3 of Senate Bill No. 123 of this [act] session from each affected governmental entity whose ability to levy property taxes will be affected by the commission’s approval of the proposal; or
(b) The commission has resolved all conflicts between the municipality and all affected governmental entities and has approved the increase in property taxes resulting from the proposal pursuant to section 3 of Senate Bill No. 123 of this [act.] session.”.
Amend sec. 12, page 5, line 45, by deleting “[6” and inserting “7. [”.
Amend sec. 12, page 5, line 47, by deleting “commission.]” and inserting “commission.”.
Amend sec. 12, page 5, after line 47 by inserting:
“8.] As used in this section, “affected governmental entity” has the meaning ascribed to it in subsection 9 of section 3 of Senate Bill No. 123 of this [act.] session.”.
Amend sec. 13, page 6, line 31, after “3.” by inserting:
“If the proposal is from a municipality, the commission may not approve any portion of the proposal that is not included in the statement filed pursuant to paragraph (b) of subsection 1 of NRS 350.0035, as updated pursuant to subsection 3 or 4 of NRS 350.0035.
4.”.
Amend sec. 14, page 6, line 36, by deleting “approve” and inserting:
“approve, conditionally or provisionally approve,”.
Amend sec. 14, page 6, line 39, by deleting “(d),” and inserting:
“(d) and section 3 of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 14, page 7, lines 12 and 13, by deleting “90 percent” and inserting:
“the specified percentage, pursuant to subsection 1 of section 2 of Senate Bill No. 123 of this [act,] session,”.
Amend sec. 14, page 7, line 15, by deleting “levy;” and inserting:
“levy in accordance with the priorities established pursuant to subsection 2 of section 2 of Senate Bill No. 123 of this [act;] session;”.
Amend sec. 14, page 7, line 18, by deleting “paragraph (a)” and inserting:
“paragraphs (a) and (b)”.
Amend sec. 23, page 13, line 21, by deleting “[,]”.
Amend sec. 23, page 13, line 29, after “article;” by inserting “or”.
Amend sec. 23, page 13, by deleting lines 30 through 38.
Amend sec. 23, page 13, line 39, by deleting “(b)” and inserting “(b)”.
Amend sec. 23, page 14, line 31, by deleting “[or]”.
Amend sec. 23, page 14, by deleting lines 34 and 35 and inserting:
“in proceeds; or
(n) A transfer by a government or governmental unit.”.
Amend sec. 37, page 18, line 24, after “543.600,” by inserting:
“and section 4 of Senate Bill No. 203 of this [act,] session,”.
Amend sec. 39, page 20, line 13, after “(a)” by inserting:
““Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.
(b)”.
Amend sec. 39, page 20, by deleting lines 15 through 17.
Amend sec. 39, page 20, between lines 24 and 25, by inserting:
“(d) “Current asset” means any cash maintained in an enterprise fund and any interest or other income earned on the money in the enterprise fund that, at the end of the current fiscal year, is anticipated by a local government to be consumed or converted into cash during the next ensuing fiscal year.
(e) “Current liability” means any debt incurred by a local government to provide the services associated with issuing building permits that, at the end of the current fiscal year, is determined by the local government to require payment within the next ensuing fiscal year.
(f) “Operating cost” means the amount paid by a local government for supplies, services, salaries, wages and employee benefits to provide the services associated with issuing building permits.
(g) “Working capital” means the excess of current assets over current liabilities, as determined by the local government at the end of the current fiscal year.”.
Amend sec. 39, page 20, lines 46 and 47, by deleting:
“fees for building permits;” and inserting:
“building permit fees;”.
Amend sec. 39, page 20, line 49, by deleting “and”.
Amend sec. 39, page 21, line 1, after “(c)” by inserting:
“Except as otherwise provided in subsection 5, the local government maintains a balance of unreserved working capital in the enterprise fund that does not exceed an amount equal to 9 months’ operating costs for the program for the issuance of building permits of the local government; and
(d)”.
Amend sec. 39, page 21, between lines 8 and 9, by inserting:
“5. In addition to the balance of unreserved working capital authorized pursuant to subsection 4, the local government may maintain in an enterprise fund created pursuant to this section an amount of working capital for the following purposes:
(a) An amount sufficient to pay the debt service for 1 year on any debt incurred by the local government to provide the services associated with issuing building permits;
(b) An amount that does not exceed the total amount of expenditures for the program for the issuance of building permits of the local government set forth in the capital improvement plan of the local government prepared pursuant to NRS 354.5945 for the current fiscal year; and
(c) An amount that does not exceed 4 percent of the annual operating costs of the program for the issuance of building permits of the local government which must be used to pay for unanticipated capital replacement.
6. Any amount in an enterprise fund created pursuant to this section that is designated for special use, including, without limitation, prepaid fees and any other amount subject to a contractual agreement, must be identified as a restricted asset and must not be included as a current asset in the calculation of working capital.
7. If a balance in excess of the amount authorized pursuant to subsections 4 and 5 is maintained in an enterprise fund created pursuant to this section at the close of 2 consecutive fiscal years, the local government shall reduce the building permit fees it charges by an amount that is sufficient to ensure that the balance in the enterprise fund at the close of the fiscal year next following those 2 consecutive fiscal years does not exceed the amount authorized pursuant to subsections 4 and 5.”.
Amend sec. 45, page 25, line 16, by deleting:
“section and in” and inserting “section,”.
Amend sec. 45, page 25, line 17, by deleting “354.750,” and inserting:
“354.750 and section 1 of Assembly Bill No. 96 of this [act,] session,”.
Amend sec. 45, page 25, line 41, after “(g)” by inserting:
“Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions or insured savings and loan associations, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a “county treasurer” or “board of county commissioners” shall be deemed to refer to the appropriate financial officer or governing body of the county, school district or city purchasing the certificates.
(h)”.
Amend sec. 45, page 25, line 45, by deleting “(h)” and inserting “(i)”.
Amend sec. 45, page 26, line 3, by deleting “(i)” and inserting “(j)”.
Amend sec. 45, page 26, line 8, by deleting “(j)” and inserting “(k)”.
Amend sec. 45, page 26, line 21, by deleting “(k)” and inserting “(l)”.
Amend sec. 45, page 26, by deleting lines 25 through 27 and inserting:
“(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).”.
Amend the bill as a whole by adding a new section designated sec. 59.5, following sec. 59, to read as follows:
“Sec. 59.5. A board of trustees of a county school district that issues general obligations on or after the effective date of this act for purchases of necessary furniture and equipment for schools pursuant to paragraph (e) of subsection 1 of NRS 387.335, as amended by section 48 of this act, shall submit to the director of the legislative counsel bureau for transmission to the legislative commission on or before February 1, 2003, a report which itemizes those purchases made through December 31, 2002.”.
Amend sec. 60, page 37, by deleting lines 25 through 30 and inserting:
“Sec. 60. 1. This section, sections 48 and 59.5 of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to 36, inclusive, 38, 40 to 43, inclusive, 46, 47 and 49 to 59, inclusive, of this act become effective on July 1, 2001.
3. Sections 37, 39, 44 and 45 of this act become effective at 12:01 a.m. on July 1, 2001.
4. Section 23 of this act becomes effective at 12:02 a.m. on July 1, 2001.
5. Section 48 of this act expires by limitation on July 1, 2003.”.