SUMMARY--Removes authorization for certain counties to levy and collect sales and use tax to provide revenue for district for control of floods. (BDR 48-1804)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to districts for the control of floods; removing the authorization for certain counties to levy and collect a sales and use tax to provide revenue for the support of such a district; 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 543.600 is hereby amended to read as follows:
543.600 1. In a county whose population is 400,000 or more, the board of county commissioners [shall] must hold a public [hearings] hearing before deciding [which one or combination of the powers] to use the power set forth in [subsections 3 and 4 is to be used] subsection 3 to provide revenue for the support of the district. The [method selected] decision of the board must be approved by a majority of the voters of the district voting on the question at a special, primary or general election.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the [board's] determination of the board is final. As used in this subsection, "emergency" means any unexpected occurrence or combination of occurrences [which] that requires immediate action by the board [of county commissioners] to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the district.
3. The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.
4. [The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.
5.] In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.
[6.] 5. In any county, the board of directors may use any other money, including , without limitation, federal revenue sharing, that is made available to the district.
Sec. 2 NRS 543.690 is hereby amended to read as follows:
543.690 1. Upon the conditions and under the circumstances set forth in NRS 543.170 to 543.830, inclusive, a district or, if requested by the district, the board of county commissioners of the county in which the district is situated, may:
(a) Borrow money and issue the following securities to evidence the borrowing, subject to the provisions of NRS 350.020 to 350.070, inclusive:
(1) Notes;
(2) Warrants;
(3) Bonds;
(4) Temporary bonds;
(5) Interim debentures; and
(6) Special assessment bonds; and
(b) Make any other contract creating an indebtedness.
2. Subject to the provisions of subsection 1, the board of directors of a district or the board of county commissioners may, on the behalf and in the name of the district or the county, as the case may be, issue the securities, and in connection with any undertaking or facilities authorized in NRS 543.170 to 543.830, inclusive, may otherwise proceed as provided in the Local Government Securities Law.
3. [The payment of general obligation securities issued pursuant to subsection 1 may be additionally secured by a pledge of any revenue from a tax imposed pursuant to NRS 543.600 on retail sales and the storage, use or other consumption of tangible personal property in the county.
4.] At least 60 days before any general obligation bonds for a term of more than 10 years are issued pursuant to this section, the board of directors of the district shall publish a notice of the proposed issuance of long-term general obligation bonds in a newspaper of general circulation within the district. The notice must be published at least twice during the first 3 weeks of the 60 days. Each time the notice is published it must be at least as large as 5 inches high by 4 inches wide.
Sec. 3 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4 This act becomes effective on July 1, 1999.