Assembly Bill No. 10–Joint Rules Committee

 

Prefiled June 13, 2001

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various changes to formula for distribution of certain revenues. (BDR 32‑20)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to taxation; revising the formula for the distribution of certain revenues among local governments; providing for an adjustment to the base allocation of certain local governments; extending the date for expiration of the legislative committee to study distribution among local governments of revenue from state and local taxes; requiring the advisory committee to the committee to conduct a study; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 360.680 is hereby amended to read as follows:

1-2    360.680  1.  On or before July 1 of each year, the executive director

1-3  shall allocate to each enterprise district an amount equal to the amount that

1-4  the enterprise district received from the account in the immediately

1-5  preceding fiscal year.

1-6    2.  Except as otherwise provided in NRS 360.690 and 360.730, the

1-7  executive director, after subtracting the amount allocated to each enterprise

1-8  district pursuant to subsection 1, shall allocate to each local government or

1-9  special district which is eligible for an allocation from the account pursuant

1-10  to NRS 360.670 an amount from the account that is equal to the amount

1-11  allocated to the local government or special district for the preceding fiscal

1-12  year , minus any excess amount allocated pursuant to subsection 4 of

1-13  NRS 360.690, multiplied by one plus the percentage change in the

1-14  Consumer Price Index (All Items) for the year ending on December 31

1-15  immediately preceding the year in which the allocation is made.

1-16    Sec. 2.  NRS 360.690 is hereby amended to read as follows:

1-17  360.690  1.  Except as otherwise provided in NRS 360.730, the

1-18  executive director shall estimate monthly the amount each local

1-19  government, special district and enterprise district will receive from the

1-20  account pursuant to the provisions of this section.

2-1    2.  The executive director shall establish a base monthly allocation for

2-2  each local government, special district and enterprise district by dividing

2-3  the amount determined pursuant to NRS 360.680 for each local

2-4  government, special district and enterprise district by 12 and the state

2-5  treasurer shall, except as otherwise provided in subsections 3, 4 and 5,

2-6  remit monthly that amount to each local government, special district and

2-7  enterprise district.

2-8    3.  If, after making the allocation to each enterprise district for the

2-9  month, the executive director determines there is not sufficient money

2-10  available in the county’s subaccount in the account to allocate to each local

2-11  government and special district the base monthly allocation determined

2-12  pursuant to subsection 2, he shall prorate the money in the county’s

2-13  subaccount and allocate to each local government and special district an

2-14  amount equal to the percentage of the amount that the local government or

2-15  special district received from the total amount which was distributed to all

2-16  local governments and special districts within the county for the fiscal year

2-17  immediately preceding the year in which the allocation is made. The state

2-18  treasurer shall remit that amount to the local government or special district.

2-19  4.  Except as otherwise provided in subsection 5, if the executive

2-20  director determines that there is money remaining in the county’s

2-21  subaccount in the account after the base monthly allocation determined

2-22  pursuant to subsection 2 has been allocated to each local government,

2-23  special district and enterprise district, he shall immediately determine and

2-24  allocate each:

2-25  (a) Local government’s share of the remaining money by:

2-26      (1) Multiplying one-twelfth of the sum of:

2-27         (I) Twenty-five percent of the amount allocated pursuant to NRS

2-28  360.680 multiplied by [one plus] the sum of the [:

2-29         (I) Percentage] average percentage of change in the population of

2-30  the local government for the fiscal year immediately preceding the year in

2-31  which the allocation is made and the 4 fiscal years immediately preceding

2-32  the year in which the allocation is made, as certified by the governor

2-33  pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [;

2-34  and

2-35         (II) Average] , and the average percentage of change in the

2-36  assessed valuation of the taxable property in the local government,

2-37  including assessed valuation attributable to a redevelopment agency but

2-38  excluding the portion attributable to the net proceeds of minerals, over the

2-39  year in which the allocation is made, as projected by the department

2-40  pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the

2-41  year in which the allocation is made; and

2-42         (II) Seventy-five percent of the amount allocated pursuant to

2-43  NRS 360.680 multiplied by one plus the sum of the average percentage of

2-44  change in the population of the local government for the fiscal year

2-45  immediately preceding the year in which the allocation is made and the 4

2-46  fiscal years immediately preceding the year in which the allocation is

2-47  made, as certified by the governor pursuant to NRS 360.285, except as

2-48  otherwise provided in subsection 6, and the average percentage of

2-49  change in the assessed valuation of the taxable property in the local

3-1  government, including assessed valuation attributable to a redevelopment

3-2  agency but excluding the portion attributable to the net proceeds of

3-3  minerals, over the year in which the allocation is made, as projected by

3-4  the department pursuant to NRS 361.390, and the 4 fiscal years

3-5  immediately preceding the year in which the allocation is made; and

3-6       (2) Using the figure calculated pursuant to subparagraph (1) to

3-7  calculate and allocate to each local government an amount equal to the

3-8  proportion that the figure calculated pursuant to subparagraph (1) bears to

3-9  the total amount of the figures calculated pursuant to subparagraph (1) of

3-10  this paragraph and subparagraph (1) of paragraph (b), respectively, for the

3-11  local governments and special districts located in the same county

3-12  multiplied by the total amount available in the subaccount; and

3-13  (b) Special district’s share of the remaining money by:

3-14      (1) Multiplying one-twelfth of the sum of:

3-15         (I) Twenty-five percent of the amount allocated pursuant to NRS

3-16  360.680 multiplied by [one plus] the average change in the assessed

3-17  valuation of the taxable property in the special district, including assessed

3-18  valuation attributable to a redevelopment agency but excluding the portion

3-19  attributable to the net proceeds of minerals, over the 5 fiscal years

3-20  immediately preceding the year in which the allocation is made; and

3-21         (II) Seventy-five percent of the amount allocated pursuant to

3-22  NRS 360.680 multiplied by one plus the average change in the assessed

3-23  valuation of the taxable property in the special district, including

3-24  assessed valuation attributable to a redevelopment agency but excluding

3-25  the portion attributable to the net proceeds of minerals, over the 5 fiscal

3-26  years immediately preceding the year in which the allocation is made;

3-27  and

3-28      (2) Using the figure calculated pursuant to subparagraph (1) to

3-29  calculate and allocate to each special district an amount equal to the

3-30  proportion that the figure calculated pursuant to subparagraph (1) bears to

3-31  the total amount of the figures calculated pursuant to subparagraph (1) of

3-32  this paragraph and subparagraph (1) of paragraph (a), respectively, for the

3-33  local governments and special districts located in the same county

3-34  multiplied by the total amount available in the subaccount.

3-35  The state treasurer shall remit the amount allocated to each local

3-36  government or special district pursuant to this subsection.

3-37  5.  The executive director shall not allocate any amount to a local

3-38  government or special district pursuant to subsection 4, unless the amount

3-39  distributed and allocated to each of the local governments and special

3-40  districts in the county in each preceding month of the fiscal year in which

3-41  the allocation is to be made was at least equal to the base monthly

3-42  allocation determined pursuant to subsection 2. If the amounts distributed

3-43  to the local governments and special districts in the county for the

3-44  preceding months of the fiscal year in which the allocation is to be made

3-45  were less than the base monthly allocation determined pursuant to

3-46  subsection 2 and the executive director determines there is money

3-47  remaining in the county’s subaccount in the account after the distribution

3-48  for the month has been made, he shall:

4-1    (a) Determine the amount by which the base monthly allocations

4-2  determined pursuant to subsection 2 for each local government and special

4-3  district in the county for the preceding months of the fiscal year in which

4-4  the allocation is to be made exceeds the amounts actually received by the

4-5  local governments and special districts in the county for the same period;

4-6  and

4-7    (b) Compare the amount determined pursuant to paragraph (a) to the

4-8  amount of money remaining in the county’s subaccount in the account to

4-9  determine which amount is greater.

4-10  If the executive director determines that the amount determined pursuant to

4-11  paragraph (a) is greater, he shall allocate the money remaining in the

4-12  county’s subaccount in the account pursuant to the provisions of subsection

4-13  3. If the executive director determines that the amount of money remaining

4-14  in the county’s subaccount in the account is greater, he shall first allocate

4-15  the money necessary for each local government and special district to

4-16  receive the base monthly allocation determined pursuant to subsection 2

4-17  and the state treasurer shall remit that money so allocated. The executive

4-18  director shall allocate any additional money in the county’s subaccount in

4-19  the account pursuant to the provisions of subsection 4.

4-20  6.  The percentage change calculated pursuant to paragraph (a) of

4-21  subsection 4 must:

4-22  (a) If the Bureau of the Census of the United States Department of

4-23  Commerce issues population totals that conflict with the totals certified by

4-24  the governor pursuant to NRS 360.285, be an estimate of the change in

4-25  population for the calendar year, based upon the population totals issued by

4-26  the Bureau of the Census.

4-27  (b) If a new method of determining population is established pursuant to

4-28  NRS 360.283, be adjusted in a manner that will result in the percentage

4-29  change being based on population determined pursuant to the new method

4-30  for both the fiscal year in which the allocation is made and the fiscal year

4-31  immediately preceding the year in which the allocation is made.

4-32  7.  On or before February 15 of each year, the executive director shall

4-33  provide to each local government, special district and enterprise district a

4-34  preliminary estimate of the revenue it will receive from the account for that

4-35  fiscal year.

4-36  8.  On or before March 15 of each year, the executive director shall:

4-37  (a) Make an estimate of the receipts from each tax included in the

4-38  account on an accrual basis for the next fiscal year in accordance with

4-39  generally accepted accounting principles, including an estimate for each

4-40  county of the receipts from each tax included in the account; and

4-41  (b) Provide to each local government, special district and enterprise

4-42  district an estimate of the amount that local government, special district or

4-43  enterprise district would receive based upon the estimate made pursuant to

4-44  paragraph (a) and calculated pursuant to the provisions of this section.

4-45  9.  A local government, special district or enterprise district may use

4-46  the estimate provided by the executive director pursuant to subsection 8 in

4-47  the preparation of its budget.

 

 

5-1    Sec. 3.  NRS 360.690 is hereby amended to read as follows:

5-2    360.690  1.  Except as otherwise provided in NRS 360.730, the

5-3  executive director shall estimate monthly the amount each local

5-4  government, special district and enterprise district will receive from the

5-5  account pursuant to the provisions of this section.

5-6    2.  The executive director shall establish a base monthly allocation for

5-7  each local government, special district and enterprise district by dividing

5-8  the amount determined pursuant to NRS 360.680 for each local

5-9  government, special district and enterprise district by 12 and the state

5-10  treasurer shall, except as otherwise provided in subsections 3, 4 and 5,

5-11  remit monthly that amount to each local government, special district and

5-12  enterprise district.

5-13  3.  If, after making the allocation to each enterprise district for the

5-14  month, the executive director determines there is not sufficient money

5-15  available in the county’s subaccount in the account to allocate to each local

5-16  government and special district the base monthly allocation determined

5-17  pursuant to subsection 2, he shall prorate the money in the county’s

5-18  subaccount and allocate to each local government and special district an

5-19  amount equal to the percentage of the amount that the local government or

5-20  special district received from the total amount which was distributed to all

5-21  local governments and special districts within the county for the fiscal year

5-22  immediately preceding the year in which the allocation is made. The state

5-23  treasurer shall remit that amount to the local government or special district.

5-24  4.  Except as otherwise provided in subsection 5, if the executive

5-25  director determines that there is money remaining in the county’s

5-26  subaccount in the account after the base monthly allocation determined

5-27  pursuant to subsection 2 has been allocated to each local government,

5-28  special district and enterprise district, he shall immediately determine and

5-29  allocate each:

5-30  (a) Local government’s share of the remaining money by:

5-31      (1) Multiplying one-twelfth of the sum of:

5-32         (I) Fifty percent of the amount allocated pursuant to NRS 360.680

5-33  multiplied by [one plus] the sum of the [:

5-34         (I) Percentage] average percentage of change in the population of

5-35  the local government for the fiscal year immediately preceding the year in

5-36  which the allocation is made and the 4 fiscal years immediately preceding

5-37  the year in which the allocation is made, as certified by the governor

5-38  pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [;

5-39  and

5-40         (II) Average] , and the average percentage of change in the

5-41  assessed valuation of the taxable property in the local government,

5-42  including assessed valuation attributable to a redevelopment agency but

5-43  excluding the portion attributable to the net proceeds of minerals, over the

5-44  year in which the allocation is made, as projected by the department

5-45  pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the

5-46  year in which the allocation is made; and

5-47         (II) Fifty percent of the amount allocated pursuant to NRS

5-48  360.680 multiplied by one plus the sum of the average percentage of

5-49  change in the population of the local government for the fiscal year

6-1  immediately preceding the year in which the allocation is made and the 4

6-2  fiscal years immediately preceding the year in which the allocation is

6-3  made, as certified by the governor pursuant to NRS 360.285, except as

6-4  otherwise provided in subsection 6, and the average percentage of

6-5  change in the assessed valuation of the taxable property in the local

6-6  government, including assessed valuation attributable to a redevelopment

6-7  agency but excluding the portion attributable to the net proceeds of

6-8  minerals, over the year in which the allocation is made, as projected by

6-9  the department pursuant to NRS 361.390, and the 4 fiscal years

6-10  immediately preceding the year in which the allocation is made; and

6-11      (2) Using the figure calculated pursuant to subparagraph (1) to

6-12  calculate and allocate to each local government an amount equal to the

6-13  proportion that the figure calculated pursuant to subparagraph (1) bears to

6-14  the total amount of the figures calculated pursuant to subparagraph (1) of

6-15  this paragraph and subparagraph (1) of paragraph (b), respectively, for the

6-16  local governments and special districts located in the same county

6-17  multiplied by the total amount available in the subaccount; and

6-18  (b) Special district’s share of the remaining money by:

6-19      (1) Multiplying one-twelfth of the sum of:

6-20         (I) Fifty percent of the amount allocated pursuant to NRS 360.680

6-21  multiplied by [one plus] the average change in the assessed valuation of the

6-22  taxable property in the special district, including assessed valuation

6-23  attributable to a redevelopment agency but excluding the portion

6-24  attributable to the net proceeds of minerals, over the 5 fiscal years

6-25  immediately preceding the year in which the allocation is made; and

6-26         (II) Fifty percent of the amount allocated pursuant to NRS

6-27  360.680 multiplied by one plus the average change in the assessed

6-28  valuation of the taxable property in the special district, including

6-29  assessed valuation attributable to a redevelopment agency but excluding

6-30  the portion attributable to the net proceeds of minerals, over the 5 fiscal

6-31  years immediately preceding the year in which the allocation is made;

6-32  and

6-33      (2) Using the figure calculated pursuant to subparagraph (1) to

6-34  calculate and allocate to each special district an amount equal to the

6-35  proportion that the figure calculated pursuant to subparagraph (1) bears to

6-36  the total amount of the figures calculated pursuant to subparagraph (1) of

6-37  this paragraph and subparagraph (1) of paragraph (a), respectively, for the

6-38  local governments and special districts located in the same county

6-39  multiplied by the total amount available in the subaccount.

6-40  The state treasurer shall remit the amount allocated to each local

6-41  government or special district pursuant to this subsection.

6-42  5.  The executive director shall not allocate any amount to a local

6-43  government or special district pursuant to subsection 4, unless the amount

6-44  distributed and allocated to each of the local governments and special

6-45  districts in the county in each preceding month of the fiscal year in which

6-46  the allocation is to be made was at least equal to the base monthly

6-47  allocation determined pursuant to subsection 2. If the amounts distributed

6-48  to the local governments and special districts in the county for the

6-49  preceding months of the fiscal year in which the allocation is to be made

7-1  were less than the base monthly allocation determined pursuant to

7-2  subsection 2 and the executive director determines there is money

7-3  remaining in the county’s subaccount in the account after the distribution

7-4  for the month has been made, he shall:

7-5    (a) Determine the amount by which the base monthly allocations

7-6  determined pursuant to subsection 2 for each local government and special

7-7  district in the county for the preceding months of the fiscal year in which

7-8  the allocation is to be made exceeds the amounts actually received by the

7-9  local governments and special districts in the county for the same period;

7-10  and

7-11  (b) Compare the amount determined pursuant to paragraph (a) to the

7-12  amount of money remaining in the county’s subaccount in the account to

7-13  determine which amount is greater.

7-14  If the executive director determines that the amount determined pursuant to

7-15  paragraph (a) is greater, he shall allocate the money remaining in the

7-16  county’s subaccount in the account pursuant to the provisions of subsection

7-17  3. If the executive director determines that the amount of money remaining

7-18  in the county’s subaccount in the account is greater, he shall first allocate

7-19  the money necessary for each local government and special district to

7-20  receive the base monthly allocation determined pursuant to subsection 2

7-21  and the state treasurer shall remit that money so allocated. The executive

7-22  director shall allocate any additional money in the county’s subaccount in

7-23  the account pursuant to the provisions of subsection 4.

7-24  6.  The percentage change calculated pursuant to paragraph (a) of

7-25  subsection 4 must:

7-26  (a) If the Bureau of the Census of the United States Department of

7-27  Commerce issues population totals that conflict with the totals certified by

7-28  the governor pursuant to NRS 360.285, be an estimate of the change in

7-29  population for the calendar year, based upon the population totals issued by

7-30  the Bureau of the Census.

7-31  (b) If a new method of determining population is established pursuant to

7-32  NRS 360.283, be adjusted in a manner that will result in the percentage

7-33  change being based on population determined pursuant to the new method

7-34  for both the fiscal year in which the allocation is made and the fiscal year

7-35  immediately preceding the year in which the allocation is made.

7-36  7.  On or before February 15 of each year, the executive director shall

7-37  provide to each local government, special district and enterprise district a

7-38  preliminary estimate of the revenue it will receive from the account for that

7-39  fiscal year.

7-40  8.  On or before March 15 of each year, the executive director shall:

7-41  (a) Make an estimate of the receipts from each tax included in the

7-42  account on an accrual basis for the next fiscal year in accordance with

7-43  generally accepted accounting principles, including an estimate for each

7-44  county of the receipts from each tax included in the account; and

7-45  (b) Provide to each local government, special district and enterprise

7-46  district an estimate of the amount that local government, special district or

7-47  enterprise district would receive based upon the estimate made pursuant to

7-48  paragraph (a) and calculated pursuant to the provisions of this section.

8-1    9.  A local government, special district or enterprise district may use

8-2  the estimate provided by the executive director pursuant to subsection 8 in

8-3  the preparation of its budget.

8-4    Sec. 4.  NRS 360.690 is hereby amended to read as follows:

8-5    360.690  1.  Except as otherwise provided in NRS 360.730, the

8-6  executive director shall estimate monthly the amount each local

8-7  government, special district and enterprise district will receive from the

8-8  account pursuant to the provisions of this section.

8-9    2.  The executive director shall establish a base monthly allocation for

8-10  each local government, special district and enterprise district by dividing

8-11  the amount determined pursuant to NRS 360.680 for each local

8-12  government, special district and enterprise district by 12 and the state

8-13  treasurer shall, except as otherwise provided in subsections 3, 4 and 5,

8-14  remit monthly that amount to each local government, special district and

8-15  enterprise district.

8-16  3.  If, after making the allocation to each enterprise district for the

8-17  month, the executive director determines there is not sufficient money

8-18  available in the county’s subaccount in the account to allocate to each local

8-19  government and special district the base monthly allocation determined

8-20  pursuant to subsection 2, he shall prorate the money in the county’s

8-21  subaccount and allocate to each local government and special district an

8-22  amount equal to the percentage of the amount that the local government or

8-23  special district received from the total amount which was distributed to all

8-24  local governments and special districts within the county for the fiscal year

8-25  immediately preceding the year in which the allocation is made. The state

8-26  treasurer shall remit that amount to the local government or special district.

8-27  4.  Except as otherwise provided in subsection 5, if the executive

8-28  director determines that there is money remaining in the county’s

8-29  subaccount in the account after the base monthly allocation determined

8-30  pursuant to subsection 2 has been allocated to each local government,

8-31  special district and enterprise district, he shall immediately determine and

8-32  allocate each:

8-33  (a) Local government’s share of the remaining money by:

8-34      (1) Multiplying one-twelfth of the sum of:

8-35         (I) Seventy-five percent of the amount allocated pursuant to NRS

8-36  360.680 multiplied by [one plus] the sum of the [:

8-37         (I) Percentage] average percentage of change in the population of

8-38  the local government for the fiscal year immediately preceding the year in

8-39  which the allocation is made and the 4 fiscal years immediately preceding

8-40  the year in which the allocation is made, as certified by the governor

8-41  pursuant to NRS 360.285 , except as otherwise provided in subsection 6 [;

8-42  and

8-43         (II) Average] , and the average percentage of change in the

8-44  assessed valuation of the taxable property in the local government,

8-45  including assessed valuation attributable to a redevelopment agency but

8-46  excluding the portion attributable to the net proceeds of minerals, over the

8-47  year in which the allocation is made, as projected by the department

8-48  pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the

8-49  year in which the allocation is made; and

9-1         (II) Twenty-five percent of the amount allocated pursuant to

9-2  NRS 360.680 multiplied by one plus the sum of the average percentage of

9-3  change in the population of the local government for the fiscal year

9-4  immediately preceding the year in which the allocation is made and the 4

9-5  fiscal years immediately preceding the year in which the allocation is

9-6  made, as certified by the governor pursuant to NRS 360.285, except as

9-7  otherwise provided in subsection 6, and the average percentage of

9-8  change in the assessed valuation of the taxable property in the local

9-9  government, including assessed valuation attributable to a redevelopment

9-10  agency but excluding the portion attributable to the net proceeds of

9-11  minerals, over the year in which the allocation is made, as projected by

9-12  the department pursuant to NRS 361.390, and the 4 fiscal years

9-13  immediately preceding the year in which the allocation is made; and

9-14      (2) Using the figure calculated pursuant to subparagraph (1) to

9-15  calculate and allocate to each local government an amount equal to the

9-16  proportion that the figure calculated pursuant to subparagraph (1) bears to

9-17  the total amount of the figures calculated pursuant to subparagraph (1) of

9-18  this paragraph and subparagraph (1) of paragraph (b), respectively, for the

9-19  local governments and special districts located in the same county

9-20  multiplied by the total amount available in the subaccount; and

9-21  (b) Special district’s share of the remaining money by:

9-22      (1) Multiplying one-twelfth of the sum of:

9-23         (I) Seventy-five percent of the amount allocated pursuant to NRS

9-24  360.680 multiplied by [one plus] the average change in the assessed

9-25  valuation of the taxable property in the special district, including assessed

9-26  valuation attributable to a redevelopment agency but excluding the portion

9-27  attributable to the net proceeds of minerals, over the 5 fiscal years

9-28  immediately preceding the year in which the allocation is made; and

9-29         (II) Twenty-five percent of the amount allocated pursuant to

9-30  NRS 360.680 multiplied by one plus the average change in the assessed

9-31  valuation of the taxable property in the special district, including

9-32  assessed valuation attributable to a redevelopment agency but excluding

9-33  the portion attributable to the net proceeds of minerals, over the 5 fiscal

9-34  years immediately preceding the year in which the allocation is made;

9-35  and

9-36      (2) Using the figure calculated pursuant to subparagraph (1) to

9-37  calculate and allocate to each special district an amount equal to the

9-38  proportion that the figure calculated pursuant to subparagraph (1) bears to

9-39  the total amount of the figures calculated pursuant to subparagraph (1) of

9-40  this paragraph and subparagraph (1) of paragraph (a), respectively, for the

9-41  local governments and special districts located in the same county

9-42  multiplied by the total amount available in the subaccount.

9-43  The state treasurer shall remit the amount allocated to each local

9-44  government or special district pursuant to this subsection.

9-45  5.  The executive director shall not allocate any amount to a local

9-46  government or special district pursuant to subsection 4, unless the amount

9-47  distributed and allocated to each of the local governments and special

9-48  districts in the county in each preceding month of the fiscal year in which

9-49  the allocation is to be made was at least equal to the base monthly

10-1  allocation determined pursuant to subsection 2. If the amounts distributed

10-2  to the local governments and special districts in the county for the

10-3  preceding months of the fiscal year in which the allocation is to be made

10-4  were less than the base monthly allocation determined pursuant to

10-5  subsection 2 and the executive director determines there is money

10-6  remaining in the county’s subaccount in the account after the distribution

10-7  for the month has been made, he shall:

10-8  (a) Determine the amount by which the base monthly allocations

10-9  determined pursuant to subsection 2 for each local government and special

10-10  district in the county for the preceding months of the fiscal year in which

10-11  the allocation is to be made exceeds the amounts actually received by the

10-12  local governments and special districts in the county for the same period;

10-13  and

10-14  (b) Compare the amount determined pursuant to paragraph (a) to the

10-15  amount of money remaining in the county’s subaccount in the account to

10-16  determine which amount is greater.

10-17  If the executive director determines that the amount determined pursuant to

10-18  paragraph (a) is greater, he shall allocate the money remaining in the

10-19  county’s subaccount in the account pursuant to the provisions of subsection

10-20  3. If the executive director determines that the amount of money remaining

10-21  in the county’s subaccount in the account is greater, he shall first allocate

10-22  the money necessary for each local government and special district to

10-23  receive the base monthly allocation determined pursuant to subsection 2

10-24  and the state treasurer shall remit that money so allocated. The executive

10-25  director shall allocate any additional money in the county’s subaccount in

10-26  the account pursuant to the provisions of subsection 4.

10-27  6.  The percentage change calculated pursuant to paragraph (a) of

10-28  subsection 4 must:

10-29  (a) If the Bureau of the Census of the United States Department of

10-30  Commerce issues population totals that conflict with the totals certified by

10-31  the governor pursuant to NRS 360.285, be an estimate of the change in

10-32  population for the calendar year, based upon the population totals issued by

10-33  the Bureau of the Census.

10-34  (b) If a new method of determining population is established pursuant to

10-35  NRS 360.283, be adjusted in a manner that will result in the percentage

10-36  change being based on population determined pursuant to the new method

10-37  for both the fiscal year in which the allocation is made and the fiscal year

10-38  immediately preceding the year in which the allocation is made.

10-39  7.  On or before February 15 of each year, the executive director shall

10-40  provide to each local government, special district and enterprise district a

10-41  preliminary estimate of the revenue it will receive from the account for that

10-42  fiscal year.

10-43  8.  On or before March 15 of each year, the executive director shall:

10-44  (a) Make an estimate of the receipts from each tax included in the

10-45  account on an accrual basis for the next fiscal year in accordance with

10-46  generally accepted accounting principles, including an estimate for each

10-47  county of the receipts from each tax included in the account; and

10-48  (b) Provide to each local government, special district and enterprise

10-49  district an estimate of the amount that local government, special district or

11-1  enterprise district would receive based upon the estimate made pursuant to

11-2  paragraph (a) and calculated pursuant to the provisions of this section.

11-3  9.  A local government, special district or enterprise district may use

11-4  the estimate provided by the executive director pursuant to subsection 8 in

11-5  the preparation of its budget.

11-6    Sec. 5.  NRS 360.690 is hereby amended to read as follows:

11-7  360.690  1.  Except as otherwise provided in NRS 360.730, the

11-8  executive director shall estimate monthly the amount each local

11-9  government, special district and enterprise district will receive from the

11-10  account pursuant to the provisions of this section.

11-11  2.  The executive director shall establish a base monthly allocation for

11-12  each local government, special district and enterprise district by dividing

11-13  the amount determined pursuant to NRS 360.680 for each local

11-14  government, special district and enterprise district by 12 and the state

11-15  treasurer shall, except as otherwise provided in subsections 3, 4 and 5,

11-16  remit monthly that amount to each local government, special district and

11-17  enterprise district.

11-18  3.  If, after making the allocation to each enterprise district for the

11-19  month, the executive director determines there is not sufficient money

11-20  available in the county’s subaccount in the account to allocate to each local

11-21  government and special district the base monthly allocation determined

11-22  pursuant to subsection 2, he shall prorate the money in the county’s

11-23  subaccount and allocate to each local government and special district an

11-24  amount equal to the percentage of the amount that the local government or

11-25  special district received from the total amount which was distributed to all

11-26  local governments and special districts within the county for the fiscal year

11-27  immediately preceding the year in which the allocation is made. The state

11-28  treasurer shall remit that amount to the local government or special district.

11-29  4.  Except as otherwise provided in subsection 5, if the executive

11-30  director determines that there is money remaining in the county’s

11-31  subaccount in the account after the base monthly allocation determined

11-32  pursuant to subsection 2 has been allocated to each local government,

11-33  special district and enterprise district, he shall immediately determine and

11-34  allocate each:

11-35  (a) Local government’s share of the remaining money by:

11-36     (1) Multiplying one-twelfth of the amount allocated pursuant to NRS

11-37  360.680 by [one plus] the sum of the:

11-38        (I) [Percentage] Average percentage of change in the population of

11-39  the local government for the fiscal year immediately preceding the year in

11-40  which the allocation is made and the 4 fiscal years immediately preceding

11-41  the year in which the allocation is made, as certified by the governor

11-42  pursuant to NRS 360.285 except as otherwise provided in subsection 6; and

11-43        (II) Average percentage of change in the assessed valuation of the

11-44  taxable property in the local government, including assessed valuation

11-45  attributable to a redevelopment agency but excluding the portion

11-46  attributable to the net proceeds of minerals, over the year in which the

11-47  allocation is made, as projected by the department pursuant to NRS

11-48  361.390, and the 4 fiscal years immediately preceding the year in which the

11-49  allocation is made; and

12-1      (2) Using the figure calculated pursuant to subparagraph (1) to

12-2  calculate and allocate to each local government an amount equal to the

12-3  proportion that the figure calculated pursuant to subparagraph (1) bears to

12-4  the total amount of the figures calculated pursuant to subparagraph (1) of

12-5  this paragraph and subparagraph (1) of paragraph (b), respectively, for the

12-6  local governments and special districts located in the same county

12-7  multiplied by the total amount available in the subaccount; and

12-8  (b) Special district’s share of the remaining money by:

12-9      (1) Multiplying one-twelfth of the amount allocated pursuant to NRS

12-10  360.680 by [one plus] the average change in the assessed valuation of the

12-11  taxable property in the special district, including assessed valuation

12-12  attributable to a redevelopment agency but excluding the portion

12-13  attributable to the net proceeds of minerals, over the 5 fiscal years

12-14  immediately preceding the year in which the allocation is made; and

12-15     (2) Using the figure calculated pursuant to subparagraph (1) to

12-16  calculate and allocate to each special district an amount equal to the

12-17  proportion that the figure calculated pursuant to subparagraph (1) bears to

12-18  the total amount of the figures calculated pursuant to subparagraph (1) of

12-19  this paragraph and subparagraph (1) of paragraph (a), respectively, for the

12-20  local governments and special districts located in the same county

12-21  multiplied by the total amount available in the subaccount.

12-22  The state treasurer shall remit the amount allocated to each local

12-23  government or special district pursuant to this subsection.

12-24  5.  The executive director shall not allocate any amount to a local

12-25  government or special district pursuant to subsection 4, unless the amount

12-26  distributed and allocated to each of the local governments and special

12-27  districts in the county in each preceding month of the fiscal year in which

12-28  the allocation is to be made was at least equal to the base monthly

12-29  allocation determined pursuant to subsection 2. If the amounts distributed

12-30  to the local governments and special districts in the county for the

12-31  preceding months of the fiscal year in which the allocation is to be made

12-32  were less than the base monthly allocation determined pursuant to

12-33  subsection 2 and the executive director determines there is money

12-34  remaining in the county’s subaccount in the account after the distribution

12-35  for the month has been made, he shall:

12-36  (a) Determine the amount by which the base monthly allocations

12-37  determined pursuant to subsection 2 for each local government and special

12-38  district in the county for the preceding months of the fiscal year in which

12-39  the allocation is to be made exceeds the amounts actually received by the

12-40  local governments and special districts in the county for the same period;

12-41  and

12-42  (b) Compare the amount determined pursuant to paragraph (a) to the

12-43  amount of money remaining in the county’s subaccount in the account to

12-44  determine which amount is greater.

12-45  If the executive director determines that the amount determined pursuant to

12-46  paragraph (a) is greater, he shall allocate the money remaining in the

12-47  county’s subaccount in the account pursuant to the provisions of subsection

12-48  3. If the executive director determines that the amount of money remaining

12-49  in the county’s subaccount in the account is greater, he shall first allocate

13-1  the money necessary for each local government and special district to

13-2  receive the base monthly allocation determined pursuant to subsection 2

13-3  and the state treasurer shall remit that money so allocated. The executive

13-4  director shall allocate any additional money in the county’s subaccount in

13-5  the account pursuant to the provisions of subsection 4.

13-6  6.  The percentage change calculated pursuant to paragraph (a) of

13-7  subsection 4 must:

13-8  (a) If the Bureau of the Census of the United States Department of

13-9  Commerce issues population totals that conflict with the totals certified by

13-10  the governor pursuant to NRS 360.285, be an estimate of the change in

13-11  population for the calendar year, based upon the population totals issued by

13-12  the Bureau of the Census.

13-13  (b) If a new method of determining population is established pursuant to

13-14  NRS 360.283, be adjusted in a manner that will result in the percentage

13-15  change being based on population determined pursuant to the new method

13-16  for both the fiscal year in which the allocation is made and the fiscal year

13-17  immediately preceding the year in which the allocation is made.

13-18  7.  On or before February 15 of each year, the executive director shall

13-19  provide to each local government, special district and enterprise district a

13-20  preliminary estimate of the revenue it will receive from the account for that

13-21  fiscal year.

13-22  8.  On or before March 15 of each year, the executive director shall:

13-23  (a) Make an estimate of the receipts from each tax included in the

13-24  account on an accrual basis for the next fiscal year in accordance with

13-25  generally accepted accounting principles, including an estimate for each

13-26  county of the receipts from each tax included in the account; and

13-27  (b) Provide to each local government, special district and enterprise

13-28  district an estimate of the amount that local government, special district or

13-29  enterprise district would receive based upon the estimate made pursuant to

13-30  paragraph (a) and calculated pursuant to the provisions of this section.

13-31  9.  A local government, special district or enterprise district may use

13-32  the estimate provided by the executive director pursuant to subsection 8 in

13-33  the preparation of its budget.

13-34  Sec. 6.  Section 9 of chapter 661, Statutes of Nevada 1997, at page

13-35  3309, is hereby amended to read as follows:

13-36  Sec. 9.  This act becomes effective on July 1, 1997, and expires

13-37  by limitation on July 1, [2001.] 2005.

13-38  Sec. 7.  For the fiscal year beginning on July 1, 2001, the executive

13-39  director of the department of taxation shall increase the amount that would

13-40  otherwise be allocated to the City of Henderson pursuant to NRS 360.680

13-41  by $4,000,000 and that amount must be included in the calculation of all

13-42  future allocations.

13-43  Sec. 8.  The advisory committee to the legislative committee to study

13-44  the distribution among local governments of revenue from state and local

13-45  taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a

13-46  study of the effects of the formula for the distribution of certain revenues

13-47  among local governments set forth in NRS 360.600 to 360.740, inclusive,

13-48  and the amendatory provisions of this act. The advisory committee shall

13-49  report its findings to the legislative committee to study the distribution

14-1  among local governments of revenue from state and local taxes on or

14-2  before October 1, 2002.

14-3    Sec. 9.  The legislature hereby finds and declares that the provisions of

14-4  section 7 of this act are necessary to correct certain discrepancies in the

14-5  formula for the distribution of certain revenues set forth in section 35 of

14-6  chapter 660, Statutes of Nevada 1997, as that formula relates to the region

14-7  of this state encompassed generally by Clark County and the unique

14-8  patterns of growth that exist in that region, and therefore a general law

14-9  cannot be made applicable.

14-10  Sec. 10.  Section 83 of Senate Bill No. 425 of the 71st session of the

14-11  Nevada Legislature is hereby repealed.

14-12  Sec. 11.  1.  This section and sections 7, 9 and 10 of this act become

14-13  effective upon passage and approval.

14-14  2.  Sections 1, 2, 6, and 8 of this act become effective on July 1, 2001.

14-15  3.  Section 2 of this act expires by limitation on June 30, 2002.

14-16  4.  Section 3 of this act becomes effective on July 1, 2002, and expires

14-17  by limitation on June 30, 2003.

14-18  5.  Section 4 of this act becomes effective on July 1, 2003, and expires

14-19  by limitation on June 30, 2004.

14-20  6.  Section 5 of this act becomes effective on July 1, 2004.

 

14-21  TEXT OF REPEALED SECTION

 

14-22  Sec. 83.  Section 9 of Chapter 661, Statutes of Nevada 1997, at page

14-23   3309, is hereby amended to read as follows:

14-24  Sec. 9.  1.  This act becomes effective on July 1, 1997 [, and

14-25   expires]

14-26  2.  Sections 5 and 5.5 of this act expire by limitation on July 1,

14-27   2001.

14-28  3.  This section, sections 1 to 4, inclusive, and 6 to 8, inclusive,

14-29   of this act expire by limitation on July 1, 2003.

 

14-30  H