Senate Bill No. 200–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to local governmental financial administration; expanding the purposes for which a city may pledge and use the proceeds of the tax imposed on the revenues from the rental of transient lodging; clarifying the manner in which the City of Reno may invest money realized from the sale of bonds and use the interest received from such investments; 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. NRS 268.095 is hereby amended to read as follows:

   268.095  1.  The city council or other governing body of each

 incorporated city in this state, whether organized under general law or

 special charter, may:

   (a) Except as otherwise provided in NRS 268.0968 and 576.128, fix,

 impose and collect for revenues or for regulation, or both, a license tax on

 all character of lawful trades, callings, industries, occupations, professions

 and businesses conducted within its corporate limits.

   (b) Assign the proceeds of any one or more of such license taxes to the

 county within which the city is situated for the purpose or purposes of

 making the proceeds available to the county:

     (1) As a pledge as additional security for the payment of any general

 obligation bonds issued pursuant to NRS 244A.597 to 244A.655,

 inclusive;

     (2) For redeeming any general obligation bonds issued pursuant to

 NRS 244A.597 to 244A.655, inclusive;

     (3) For defraying the costs of collecting or otherwise administering

 any such license tax so assigned, of the county fair and recreation board

 and of officers, agents and employees hired thereby, and of incidentals

 incurred thereby;

     (4) For operating and maintaining recreational facilities under the

 jurisdiction of the county fair and recreation board;

     (5) For improving, extending and bettering recreational facilities

 authorized by NRS 244A.597 to 244A.655, inclusive; and

     (6) For constructing, purchasing or otherwise acquiring such

 recreational facilities.

   (c) Pledge the proceeds of any tax imposed on the revenues from the

 rental of transient lodging pursuant to this section for the payment of any

 general or special obligations issued by the city for a purpose authorized

 by the [City Bond Law, NRS 268.672 to 268.740, inclusive.] laws of this

 state.

   (d) Use the proceeds of any tax imposed pursuant to this section on the

 revenues from the rental of transient lodging:

     (1) To pay the principal, interest or any other indebtedness on any

 general or special obligations issued by the city pursuant to the [City Bond

 Law, NRS 268.672 to 268.740, inclusive;] laws of this state;

     (2) For the expense of operating or maintaining, or both, any facilities

 of the city; and

     (3) For any other purpose for which other money of the city may be

 used.

   2.  The proceeds of any tax imposed pursuant to this section that are

pledged for the repayment of general obligations may be treated as

 “pledged revenues” for the purposes of NRS 350.020.

   3.  No license to engage in any type of business may be granted unless

 the applicant for the license signs an affidavit affirming that the business

 has complied with the provisions of chapter 364A of NRS. The city

 licensing agency shall provide upon request an application for a business

 license pursuant to chapter 364A of NRS.

   4.  No license to engage in business as a seller of tangible personal

 property may be granted unless the applicant for the license presents

 written evidence that:

   (a) The department of taxation has issued or will issue a permit for this

 activity, and this evidence clearly identifies the business by name; or

   (b) Another regulatory agency of the state has issued or will issue a

 license required for this activity.

   5.  Any license tax levied under the provisions of this section

 constitutes a lien upon the real and personal property of the business upon

 which the tax was levied until the tax is paid. The lien has the same

 priority as a lien for general taxes. The lien must be enforced in the

 following manner:

   (a) By recording in the office of the county recorder, within 6 months

 following the date on which the tax became delinquent or was otherwise

 determined to be due and owing, a notice of the tax lien containing the

 following:

     (1) The amount of tax due and the appropriate year;

     (2) The name of the record owner of the property;

     (3) A description of the property sufficient for identification; and

     (4) A verification by the oath of any member of the board of county

 commissioners or the county fair and recreation board; and

   (b) By an action for foreclosure against such property in the same

 manner as an action for foreclosure of any other lien, commenced within 2

 years after the date of recording of the notice of the tax lien, and

 accompanied by appropriate notice to other lienholders.

   6.  The city council or other governing body of each incorporated city

 may delegate the power and authority to enforce such liens to the county

 fair and recreation board. If the authority is so delegated, the governing

 body shall revoke or suspend the license of a business upon certification

 by the board that the license tax has become delinquent, and shall not

 reinstate the license until the tax is paid. Except as otherwise provided in

 NRS 268.0966, all information concerning license taxes levied by an

 ordinance authorized by this section or other information concerning the

 business affairs or operation of any licensee obtained as a result of the

 payment of those license taxes or as the result of any audit or examination

 of the books of the city by any authorized employee of a county fair and

 recreation board for any license tax levied for the purpose of NRS

 244A.597 to 244A.655, inclusive, is confidential and must not be

 disclosed by any member, official or employee of the county fair and

 recreation board or the city imposing the license tax unless the disclosure

 is authorized by the affirmative action of a majority of the members of the

 appropriate county fair and recreation board. Continuing disclosure may

 be so authorized

under an agreement with the department of taxation for the exchange of

information concerning taxpayers.

   7.  The powers conferred by this section are in addition and

 supplemental to, and not in substitution for, and the limitations imposed by

 this section do not affect the powers conferred by, any other law. No part

 of this section repeals or affects any other law or any part thereof, it being

 intended that this section provide a separate method of accomplishing its

 objectives, and not an exclusive one.

   Sec. 2.  Section 7.060 of the charter of the City of Reno, being chapter

 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of

 Nevada 1977, at page 1397, is hereby amended to read as follows:

   Sec. 7.060  Investment of money realized from bond sales.

   1.  The city council may direct the city manager to invest , in a

 manner authorized by the laws of this state, all [moneys] money

 realized from the sale of bonds issued by the city in bonds or other

 securities [issued by the United States of America] until such

 [moneys are actually] money is required for the purposes for which

 [such] the bonds were issued.

   2.  All interest received from such investments [shall] must be

 used only for the purposes for which the bonds were issued and for

 payment of principal or interest on [the bonds issued by the city.]

 those bonds.

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

 

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