SB61 - Revises provisions relating to the powers and duties of certain cities relating to the annexation and detachment of territory. (BDR 21-467)

S.B. 61 - *SB61* SENATE BILL NO. 61–COMMITTEE ON GOVERNMENT AFFAIRS (ON BEHALF OF CLARK COUNTY) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the powers and duties of certain cities relating to the annexation and detachment of territory. (BDR 21-467) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. CONTAINS UNFUNDED MANDATE (§ 3) (REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to cities; requiring, under certain circumstances, a board of county commissioners in certain counties to appoint a public body to carry out certain duties of a regional planning coalition; requiring certain cities to adopt a program of annexation; creating a city annexation and detachment commission in certain counties; setting forth the powers and duties of the commission; authorizing the governing body of certain cities to detach territory using certain procedures; setting forth procedures for the review of a proposal to annex or detach territory by a commission in certain counties; revising procedures relating to a proposal to annex territory in certain counties; establishing procedures relating to a proposal by certain cities to detach territory; repealing the authority of certain cities to use certain alternative procedures to annex territory; and providing other matters properly relating thereto. Legislative Counsel’s Digest: In a county whose population is 700,000 or more (currently Clark County), 1 existing law authorizes the board of county commissioners and the city council of 2 each of at least the three largest cities in the county to establish a regional planning 3 – 2 – - *SB61* coalition by cooperative agreement and, if established, develop a comprehensive 4 regional policy plan for the region. (NRS 278.02514, 278.02528) Section 2 of this 5 bill provides that, for the purposes of certain requirements and procedures relating 6 to the annexation or detachment of territory, if a regional planning coalition has not 7 been established, the board of county commissioners must appoint a similar public 8 body that is responsible for the development of comprehensive policy planning in 9 the region to carry out certain duties established for a regional planning coalition. 10 Existing law authorizes the governing body of a city located in a county whose 11 population is 700,000 or more to extend the corporate limits of the city by annexing 12 territory using certain procedures. (NRS 268.570-268.608) In a city located in a 13 county whose population is less than 700,000 (currently all counties other than 14 Clark County), existing law: (1) creates a city annexation commission which 15 reviews proposals for the annexation of territory and adopts procedures for 16 evaluating proposals to annex territory; and (2) authorizes a governing body of the 17 city to diminish, reduce or contract the corporate limits of the city by detaching 18 territory using certain procedures. (NRS 268.626-268.634, 268.664) Section 4 of 19 this bill creates a city annexation and detachment commission in each county 20 whose population is 700,000 or more, consisting of two members representing the 21 county and one member representing each city. Section 5 of this bill establishes the 22 powers and duties of the commission. Section 26 of this bill requires the initial 23 members of the commission to be appointed not later than January 1, 2026, and to 24 serve until December 31, 2026. Section 3 of this bill requires the governing body of 25 each city in such a county to adopt a program of annexation. 26 Section 15 of this bill authorizes the governing body of an incorporated city in 27 a county whose population is 700,000 or more (Cities of Las Vegas, Henderson, 28 North Las Vegas, Mesquite and Boulder City) to detach territory from the corporate 29 limits of the city using certain procedures. Section 18 of this bill authorizes the 30 governing body of the city to initiate detachment proceedings on its own motion or 31 upon the petition of the board of county commissioners or a majority of the owners 32 of real property of the territory sought to be detached. 33 To initiate detachment proceedings, section 6 of this bill requires the governing 34 body of the city to: (1) prepare a plan for the detachment of services and file a 35 report of the plan with the city clerk; and (2) file a petition for detachment with the 36 board of county commissioners. Section 6 requires the board of county 37 commissioners to pass a resolution approving, approving with conditions or 38 disapproving the petition and notify the city clerk of the resolution. If approved or 39 approved with conditions, section 6 requires the city clerk to notify the city 40 annexation and detachment commission created by section 4 not later than 7 days 41 after receiving this resolution. 42 Section 7 of this bill sets forth certain requirements for the plan for detachment 43 required by section 6. 44 Under existing law, a city in a county whose population is 700,000 or more that 45 wishes to initiate the annexation of territory must: (1) pass a resolution stating the 46 intent to consider the annexation; and (2) make plans for the extension of services 47 to the territory proposed to be annexed and prepare and file a report setting forth the 48 plans. (NRS 268.578, 268.584) Section 19 of this bill requires the city clerk to 49 transmit a copy of the resolution to the board of county commissioners. Section 16 50 of this bill requires the city clerk to notify the city annexation and detachment 51 commission created by section 4 of the intention of the governing body to initiate 52 an annexation not later than 7 days after this report setting forth the plans for the 53 extension of services is filed. Section 24 of this bill makes a conforming change to 54 refer to provisions that have been renumbered by section 16. 55 Sections 8 and 9 of this bill establish the process for the regional planning 56 coalition and city annexation and detachment commission to review any proposal to 57 annex or detach territory and requirements for the commission to hold a public 58 – 3 – - *SB61* hearing on the proposal. Section 10 of this bill sets forth the factors the commission 59 must consider when reviewing a proposal. Section 11 of this bill establishes 60 requirements for the commission to approve or disapprove a proposal. 61 If the city annexation and detachment commission approves a proposal to 62 annex or detach territory, section 20 of this bill requires the city clerk to provide 63 notice for a public hearing on the proposal. 64 Existing law requires the governing body of a city in a county whose 65 population is 700,000 or more to: (1) before a public hearing on a proposal to annex 66 territory, approve the report for the expansion of services and make the report 67 available to the public; and (2) at the public hearing, make an explanation of the 68 report. (NRS 268.588, 268.590) Section 21 of this bill removes the requirement for 69 the governing body to approve the report and instead requires the governing body 70 to make the report and findings of the commission available to the public. Sections 71 21 and 22 of this bill require the governing body to perform these actions for a 72 proposal to detach territory. 73 Existing law: (1) prohibits the governing body of a city in a county whose 74 population is 700,000 or more from annexing territory if a majority of the property 75 owners protest the annexation; and (2) authorizes the governing body to annex 76 territory if a majority of property owners do not protest the annexation by adopting 77 an ordinance at a regular or special meeting of the governing body. (NRS 268.592) 78 Section 12 of this bill: (1) establishes similar requirements for a proposal to detach 79 territory from a city in a county whose population is 700,000 or more; and (2) 80 requires the city clerk to file a certified copy of the ordinance and the map showing 81 the territory proposed to be detached and the boundaries of the city proposed to be 82 contracted with the county recorder. Section 13 of this bill establishes provisions 83 for the governing body of the city to determine any outstanding general obligations 84 of the city with respect to the detached territory. 85 Existing law establishes a method to determine the number and identity of 86 owners of real property of a territory proposed to be annexed by a city in a county 87 whose population is 700,000 or more. (NRS 268.594) Section 23 of this bill 88 expands this to owners of real property of a territory proposed to be detached. 89 Existing law authorizes certain persons who appear and protest or file a written 90 protest to an annexation by a city in a county whose population is 700,000 or more 91 to apply to a court for judicial relief. (NRS 268.604) Section 25 of this bill provides 92 that any person, city or county that protests an annexation or detachment may apply 93 for judicial relief. 94 Existing law authorizes a governing body of a city in a county whose 95 population is 700,000 or more to annex territory using certain alternative 96 procedures. (NRS 268.597) Section 28 of this bill repeals the provision authorizing 97 such procedures. Section 17 of this bill makes a conforming change to remove a 98 reference to these alternative procedures. 99 Section 14 of this bill defines certain terms relating to annexation and 100 detachment. 101 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 268 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 13, inclusive, of this 2 act. 3 Sec. 2. If a regional planning coalition has not been 4 established pursuant to NRS 278.02514, the board of county 5 – 4 – - *SB61* commissioners shall appoint a similar public body that is 1 responsible for the development of comprehensive policy planning 2 in the region to carry out any duty assigned to the regional 3 planning coalition pursuant to NRS 268.570 to 268.608, inclusive, 4 and sections 2 to 13, inclusive, of this act. 5 Sec. 3. 1. The governing body of each city in a county 6 whose population is 700,000 or more shall adopt a program of 7 annexation. The program must identify areas in any sphere of 8 influence of the city to be considered for annexation within the 9 next 7 years. The governing body shall not consider the 10 annexation of any area that is not within the designated sphere of 11 influence and is not included in its program of annexation. 12 2. Before adopting a program of annexation pursuant to 13 subsection 1, the governing body must hold one or more public 14 hearings. Notice of the time and place of the hearing must be 15 mailed to all owners of real property in the proposed program of 16 annexation. At the public hearing the governing body shall 17 consider: 18 (a) The location of any property to be considered for 19 annexation; 20 (b) The logical extension of city limits; 21 (c) The need for the expansion to accommodate planned 22 regional growth; 23 (d) The location of existing and planned water and sewer 24 service; 25 (e) Community goals that would be met by any proposed 26 annexation; 27 (f) The efficient and cost-effective provision of service areas 28 and capital facilities; and 29 (g) Any other factors concerning any proposed annexation 30 deemed appropriate for consideration by the governing body of the 31 city. 32 3. The governing body shall submit its program of 33 annexation adopted pursuant to subsection 1 to the regional 34 planning coalition and the county in which the city is located for 35 recommendations. 36 4. The regional planning coalition must certify that a 37 program of annexation adopted pursuant to subsection 1 conforms 38 with the comprehensive regional policy plan, if adopted pursuant 39 to NRS 278.02528, before the program is put into effect. The city 40 may appeal an adverse determination of the regional planning 41 coalition by filing an objection within 45 days after the issuance of 42 that determination. The objection must include the reasons why 43 the program of annexation conforms with the comprehensive 44 – 5 – - *SB61* regional policy plan, if a comprehensive regional policy plan has 1 been adopted. 2 5. The regional planning coalition shall consider any appeal 3 filed pursuant to subsection 4 and issue its final determination of 4 conformance or nonconformance within 45 days after the 5 objection is filed. 6 6. After the regional planning coalition certifies the program 7 of annexation pursuant to subsection 4, any facilities plan, capital 8 improvement program, development project or location of facilities 9 by a county, city, annexation commission, regional planning 10 coalition or any other affected entity must be consistent with the 11 certified program of annexation. 12 Sec. 4. 1. There is hereby created, in each county of the 13 State whose population is 700,000 or more, a city annexation and 14 detachment commission which consists of members to be 15 appointed as follows: 16 (a) Two members representing the county, one of whom must 17 be the chair of the board of county commissioners and the other a 18 member of the board to be chosen by the board. 19 (b) One member representing each city, who must be a 20 member of the governing body of the city to be chosen by the 21 governing body. 22 2. Except as otherwise provided in this subsection, the 23 members of the city annexation and detachment commission serve 24 for terms of 2 years. Any member who ceases to be a member of 25 the body from which the member was chosen ceases to be a 26 member of the commission. A vacancy must be filled for the 27 remainder of the unexpired term by the body which made the 28 original selection. 29 3. The members of the city annexation and detachment 30 commission: 31 (a) Shall elect a chair and vice chair of the commission from 32 among the members; and 33 (b) Serve without compensation. 34 4. The representative of any city incorporated on or after 35 October 1, 2025, must be selected within 30 days after the first 36 meeting of the governing body and must serve until the next 37 ensui [Text truncated for display. Full text available on LegiScan.]