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Top Story

Oct. 10, 2008

Counties want tax cap lifted in '09

By MARK WAITE
PVT

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TONOPAH -- The Nevada Association of Counties will be able to introduce only five bills this year, one of which will allow counties to increase their property tax rates above the state cap of $3.64 per $100 of valuation, NACO Executive Director Jeff Fontaine told Nye County commissioners Tuesday.

The state legislature convenes in February 2009.

Other bill drafts NACO will request include:

* Giving counties the ability to abate graffiti on private property;

* Giving counties naming rights to public facilities;

* More funding for indigent defense;

* Modifying the Nevada Open Meetings Law to allow evaluations to be held in executive session;

* Allowing counties input on the granting of tax abatements, which can be granted solely by the Nevada Commission on Economic Development.

Every community in Nye County outside of Pahrump is taxing at or near the maximum rate. Pahrump, with a larger tax base, had a combined property tax rate of $3.12 in the last fiscal year. Tonopah has a combined tax rate of $3.65, including a voter-approved override for parks.

Fontaine said during the last session the legislature passed a bill that allowed county commissioners to increase the maximum tax cap to pay for juvenile justice and juvenile services, but it was vetoed by Gov. Jim Gibbons.

"That revenue would be used for vital public safety and weflare, the health programs to help pay for the increased cost and needs in those areas," Fontaine said.

The indigent defense bill would address a Nevada Supreme Court order issued Jan. 4 that requires indigent defense lawyers to meet strict performance standards and gave counties a deadline to create plans to remove judges from the selection of public defenders.

County commissioner Joni Eastley and 5th District Judge Robert Lane are on a subcommittee reviewing the order.

"What we learned in all of this is indigent defense is a constitutionally mandated state responsibility but over the years the state has seen fit to make it a county responsibility," Fontaine said.

Eastley added, "The quality of indigent defense that was provided is so poor that many of the counties, Nye included, have taken on themselves the obligation to provide competent services for indigents."

On the positive side, the bailout plan approved by Congress and signed by President Bush Friday will provide full funding of payment in lieu of taxes, Fontaine said. PILT provides money to counties for public lands in place of property taxes.

According to figures from U.S. Sen. Harry Reid, D-Nev., Nye County will be receiving $2.7 milliion for the coming year in PILT payments instead of $1.7 million. In addition, the Secure Rural Schools Act will provide $2.3 million for the Nye County School District, instead of $171,650 for the past year.

Eastley jokingly referred to the bailout package as "the No Banker Left Behind Bill."

Fontaine said NACO passed five position statements as well:

* Supporting the Nevada Cattleman's Association position on renewing grazing permits on public lands without going through the National Environmental Policy Act;

* Giving county boards input in the siting of renewable energy projects, particularly wind energy;

* Approving the registration and titling of off-highway vehicles;

* Changing county policies in approving public lands bills;

* Requesting additional funding for streets and highways.

Fontaine confirmed an obvious assumption: The state budget crisis will be a major topic in the upcoming session of the legislature.

"It's going to be extremely difficult. The state agency heads had been directed by the governor to present budgets that show a 14 percent decrease. That's on top of a 4.5 percent reduction the agencies made to meet the requirements of this current fiscal year," Fontaine said.

Last year, budgets were cut by postponing one-shot projects. The 14 percent budget cuts would affect things like operating expenditures, he said.

Fontaine anticipates the state will talk about getting a greater percentage of the ad valorem property tax.

There are also suggestions to utilize the county's indigent fund to match with federal Medicare money, Fontaine said. Nye County levied a medical and general indigent fund of 6.7 cents per $100 of valuation in the 2007 fiscal year, a state indigent fund of 1.5 cents and an emergency medical indigent fund of 2 cents per $100.

"We will be on the defensive, no doubt about it, when it comes to local revenue. We need to dispel the myths county governments have revenues to spare. We need to get policy makers to your communities to see the type of decisions you have to make regarding your expenditures," he said.

Fontaine said NACO will oppose the closure of honor camps, includilng the Tonopah Conservation Camp.

"We will continue to oppose that even though Director of Corrections Howard Skolnik realizes this is not a cost-effective step," he said.

To which Eastley replied, "But he's going to do it anyway."

"The Department of Corrections has told him it's either that or release prisoners," Fontaine replied. "We know how you feel. We know the impacts and we will continue to oppose that."

Eastley inquired about whether there would be an attempt to change Dylan's Law, which would give counties more home-rule powers without having to go to the state legislature. Nye County had to request a bill in the state legislature to increase the county sales tax and would have to request another to incorporate Pahrump.

NACO doesn't want to take on "the whole enchilada," Fontaine said. "We can take on bits and pieces."

There's also a concern over the effect of term limits, which Fontaine said will result in a one-third turnover in the state Assembly and Senate in four years.

"If we don't start looking now at getting good candidates to run for office, we're going to be faced with the very distinct possibility of freshmen getting committee chairs," Fontaine said.














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