Senate Bill No. 535–Committee on Government Affairs
(On Behalf of Legislative Committee to Study the
Distribution Among Local Governments of
Revenue From State and Local Taxes)
March 22, 1999
____________
Referred to Committee on Taxation
SUMMARY—Includes assessed valuation attributable to redevelopment agency in calculation of assessed valuation of local government or special district for distribution of proceeds of certain taxes. (BDR 32-704)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 360.690 is hereby amended to read as follows: 360.690 1. Except as otherwise provided in NRS 360.730, the1-3
executive director shall estimate monthly the amount each local1-4
government, special district and enterprise district will receive from the1-5
account pursuant to the provisions of this section.1-6
2. The executive director shall establish a base monthly allocation for1-7
each local government, special district and enterprise district by dividing1-8
the amount determined pursuant to NRS 360.680 for each local1-9
government, special district and enterprise district by 12 and the state1-10
treasurer shall, except as otherwise provided in subsections 3, 4 and 5,1-11
remit monthly that amount to each local government, special district and1-12
enterprise district.2-1
3. If, after making the allocation to each enterprise district for the2-2
month, the executive director determines there is not sufficient money2-3
available in the county’s subaccount in the account to allocate to each local2-4
government and special district the base monthly allocation determined2-5
pursuant to subsection 2, he shall prorate the money in the county’s2-6
subaccount and allocate to each local government and special district an2-7
amount equal to the percentage of the amount that the local government or2-8
special district received from the total amount which was distributed to all2-9
local governments and special districts within the county for the fiscal year2-10
immediately preceding the year in which the allocation is made. The state2-11
treasurer shall remit that amount to the local government or special district.2-12
4. Except as otherwise provided in subsection 5, if the executive2-13
director determines that there is money remaining in the county’s2-14
subaccount in the account after the base monthly allocation determined2-15
pursuant to subsection 2 has been allocated to each local government,2-16
special district and enterprise district, he shall immediately determine and2-17
allocate each:2-18
(a) Local government’s share of the remaining money by:2-19
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS2-20
360.680 by one plus the sum of the:2-21
(I) Percentage change in the population of the local government for2-22
the fiscal year immediately preceding the year in which the allocation is2-23
made, as certified by the governor pursuant to NRS 360.285 except as2-24
otherwise provided in subsection 6; and2-25
(II) Average percentage of change in the assessed valuation of the2-26
taxable property in the local government,2-27
valuation attributable to a redevelopment agency but excluding the2-28
portion attributable to the net proceeds of minerals, over the 5 fiscal years2-29
immediately preceding the year in which the allocation is made; and2-30
(2) Using the figure calculated pursuant to subparagraph (1) to2-31
calculate and allocate to each local government an amount equal to the2-32
proportion that the figure calculated pursuant to subparagraph (1) bears to2-33
the total amount of the figures calculated pursuant to subparagraph (1) of2-34
this paragraph and subparagraph (1) of paragraph (b), respectively, for the2-35
local governments and special districts located in the same county2-36
multiplied by the total amount available in the subaccount; and2-37
(b) Special district’s share of the remaining money by:2-38
(1) Multiplying one-twelfth of the amount allocated pursuant to NRS2-39
360.680 by one plus the average change in the assessed valuation of the2-40
taxable property in the special district,2-41
valuation attributable to a redevelopment agency but excluding the2-42
portion attributable to the net proceeds of minerals, over the 5 fiscal years2-43
immediately preceding the year in which the allocation is made; and3-1
(2) Using the figure calculated pursuant to subparagraph (1) to3-2
calculate and allocate to each special district an amount equal to the3-3
proportion that the figure calculated pursuant to subparagraph (1) bears to3-4
the total amount of the figures calculated pursuant to subparagraph (1) of3-5
this paragraph and subparagraph (1) of paragraph (a), respectively, for the3-6
local governments and special districts located in the same county3-7
multiplied by the total amount available in the subaccount.3-8
The state treasurer shall remit the amount allocated to each local3-9
government or special district pursuant to this subsection.3-10
5. The executive director shall not allocate any amount to a local3-11
government or special district pursuant to subsection 4, unless the amount3-12
distributed and allocated to each of the local governments and special3-13
districts in the county in each preceding month of the fiscal year in which3-14
the allocation is to be made was at least equal to the base monthly3-15
allocation determined pursuant to subsection 2. If the amounts distributed3-16
to the local governments and special districts in the county for the3-17
preceding months of the fiscal year in which the allocation is to be made3-18
were less than the base monthly allocation determined pursuant to3-19
subsection 2 and the executive director determines there is money3-20
remaining in the county’s subaccount in the account after the distribution3-21
for the month has been made, he shall:3-22
(a) Determine the amount by which the base monthly allocations3-23
determined pursuant to subsection 2 for each local government and special3-24
district in the county for the preceding months of the fiscal year in which3-25
the allocation is to be made exceeds the amounts actually received by the3-26
local governments and special districts in the county for the same period;3-27
and3-28
(b) Compare the amount determined pursuant to paragraph (a) to the3-29
amount of money remaining in the county’s subaccount in the account to3-30
determine which amount is greater.3-31
If the executive director determines that the amount determined pursuant to3-32
paragraph (a) is greater, he shall allocate the money remaining in the3-33
county’s subaccount in the account pursuant to the provisions of subsection3-34
3. If the executive director determines that the amount of money remaining3-35
in the county’s subaccount in the account is greater, he shall first allocate3-36
the money necessary for each local government and special district to3-37
receive the base monthly allocation determined pursuant to subsection 23-38
and the state treasurer shall remit that money so allocated. The executive3-39
director shall allocate any additional money in the county’s subaccount in3-40
the account pursuant to the provisions of subsection 4.3-41
6. If the Bureau of the Census of the United States Department of3-42
Commerce issues population totals that conflict with the totals certified by3-43
the governor pursuant to NRS 360.285, the percentage change calculated4-1
pursuant to paragraph (a) of subsection 4 must be an estimate of the change4-2
in population for the calendar year, based upon the population totals issued4-3
by the Bureau of the Census.4-4
7. On or before February 15 of each year, the executive director shall4-5
provide to each local government, special district and enterprise district a4-6
preliminary estimate of the revenue it will receive from the account for that4-7
fiscal year.4-8
8. On or before March 15 of each year, the executive director shall:4-9
(a) Make an estimate of the receipts from each tax included in the4-10
account on an accrual basis for the next fiscal year in accordance with4-11
generally accepted accounting principles, including an estimate for each4-12
county of the receipts from each tax included in the account; and4-13
(b) Provide to each local government, special district and enterprise4-14
district an estimate of the amount that local government, special district or4-15
enterprise district would receive based upon the estimate made pursuant to4-16
paragraph (a) and calculated pursuant to the provisions of this section.4-17
9. A local government, special district or enterprise district may use the4-18
estimate provided by the executive director pursuant to subsection 8 in the4-19
preparation of its budget.4-20
Sec. 2. NRS 354.598747 is hereby amended to read as follows: 354.598747 1.4-22
amount to be distributed pursuant to the provisions of NRS 360.680 and4-23
360.690 from a county’s subaccount in the local government tax4-24
distribution account to a local government, special district or enterprise4-25
district after it assumes the functions of another local government, special4-26
district or enterprise district:4-27
(a) Except as otherwise provided in this subsection and subsection 2, the4-28
executive director of the department of taxation shall:4-29
(1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS4-30
360.680 for each local government, special district or enterprise district and4-31
allocate the combined amount to the local government, special district or4-32
enterprise district that assumes the functions; and4-33
(2) If applicable, add the population and average change in the4-34
assessed valuation of the taxable property that would otherwise be allowed4-35
to the local government or special district whose functions are assumed,4-36
4-37
redevelopment agency but excluding the portion attributable to the net4-38
proceeds of minerals, pursuant to subsection 3 of NRS 360.690 to the4-39
population and average change in assessed valuation for the local4-40
government, special district or enterprise district that assumes the functions.4-41
(b) If two or more local governments, special districts or enterprise4-42
districts assume the functions of another local government, special district4-43
or enterprise district, the additional revenue must be divided among the5-1
local governments, special districts or enterprise districts that assume5-3
assumed.5-4
The Nevada tax commission shall not allow any increase in the allowed5-5
revenue from the taxes contained in the county’s subaccount in the local5-6
government tax distribution account if the increase would result in a5-7
decrease in revenue of any local government, special district or enterprise5-8
district in the county that does not assume those functions. If more than one5-9
local government, special district or enterprise district assumes the5-10
functions, the Nevada tax commission shall determine the appropriate5-11
amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).5-12
2. If a city disincorporates, the board of county commissioners of the5-13
county in which the city is located must determine the amount the5-14
unincorporated town created by the disincorporation will receive pursuant5-15
to the provisions of NRS 360.600 to 360.740, inclusive.5-16
3. As used in this section:5-17
(a) "Enterprise district" has the meaning ascribed to it in NRS 360.620.5-18
(b) "Local government" has the meaning ascribed to it in NRS 360.640.5-19
(c) "Special district" has the meaning ascribed to it in NRS 360.650.5-20
Sec. 3. This act becomes effective on July 1, 1999.~