(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT A.B. 653
Assembly Bill No. 653–Committee on Taxation
March 26, 2001
____________
Referred to Committee on Taxation
SUMMARY—Makes various changes to formula for distribution of certain revenues. (BDR 32‑1459)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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] :
1-11 (a) If the local government or special district is located in a county
1-12 whose population is 400,000 or more, an amount from the account that is
1-13 equal to the amount allocated to the local government or special district for
1-14 the preceding fiscal year , minus any excess amount allocated pursuant to
1-15 subsection 4 of NRS 360.690, multiplied by one plus the percentage
1-16 change in the Consumer Price Index (All Items) for the year ending on
1-17 December 31 immediately preceding the year in which the allocation is
1-18 made.
1-19 (b) If the local government or special district is located in a county
1-20 whose population is less than 400,000, an amount from the account that
2-1 is equal to the amount allocated to the local government or special
2-2 district for the preceding fiscal year multiplied by one plus the percentage
2-3 change in the Consumer Price Index (All Items) for the year ending on
2-4 December 31 immediately preceding the year in which the allocation is
2-5 made.
2-6 Sec. 2. NRS 360.690 is hereby amended to read as follows:
2-7 360.690 1. Except as otherwise provided in NRS 360.730, the
2-8 executive director shall estimate monthly the amount each local
2-9 government, special district and enterprise district will receive from the
2-10 account pursuant to the provisions of this section.
2-11 2. The executive director shall establish a base monthly allocation for
2-12 each local government, special district and enterprise district by dividing
2-13 the amount determined pursuant to NRS 360.680 for each local
2-14 government, special district and enterprise district by 12 and the state
2-15 treasurer shall, except as otherwise provided in subsections 3[, 4 and 5,] to
2-16 6, inclusive, remit monthly that amount to each local government, special
2-17 district and enterprise district.
2-18 3. If, after making the allocation to each enterprise district for the
2-19 month, the executive director determines there is not sufficient money
2-20 available in the county’s subaccount in the account to allocate to each local
2-21 government and special district the base monthly allocation determined
2-22 pursuant to subsection 2, he shall prorate the money in the county’s
2-23 subaccount and allocate to each local government and special district an
2-24 amount equal to the percentage of the amount that the local government or
2-25 special district received from the total amount which was distributed to all
2-26 local governments and special districts within the county for the fiscal year
2-27 immediately preceding the year in which the allocation is made. The state
2-28 treasurer shall remit that amount to the local government or special district.
2-29 4. [Except] In a county whose population is 400,000 or more, except
2-30 as otherwise provided in subsection [5,] 6, if the executive director
2-31 determines that there is money remaining in the county’s subaccount in the
2-32 account after the base monthly allocation determined pursuant to
2-33 subsection 2 has been allocated to each local government, special district
2-34 and enterprise district, he shall immediately determine and allocate each:
2-35 (a) Local government’s share of the remaining money by:
2-36 (1) Multiplying one-twelfth of the amount allocated pursuant to
2-37 NRS 360.680 by [one] 0.75 plus the sum of the:
2-38 (I) [Percentage] Average percentage of change in the population of
2-39 the local government for the fiscal year immediately preceding the year in
2-40 which the allocation is made and the 4 fiscal years immediately preceding
2-41 the year in which the allocation is made, as certified by the governor
2-42 pursuant to NRS 360.285 except as otherwise provided in subsection [6;]
2-43 7; and
2-44 (II) Average percentage of change in the assessed valuation of the
2-45 taxable property in the local government, including assessed valuation
2-46 attributable to a redevelopment agency but excluding the portion
2-47 attributable to the net proceeds of minerals, over the year in which the
2-48 allocation is made, as projected by the department pursuant to NRS
3-1 361.390, and the 4 fiscal years immediately preceding the year in which the
3-2 allocation is made; and
3-3 (2) Using the figure calculated pursuant to subparagraph (1) to
3-4 calculate and allocate to each local government an amount equal to the
3-5 proportion that the figure calculated pursuant to subparagraph (1) bears to
3-6 the total amount of the figures calculated pursuant to subparagraph (1) of
3-7 this paragraph and subparagraph (1) of paragraph (b), respectively, for the
3-8 local governments and special districts located in the same county
3-9 multiplied by the total amount available in the subaccount; and
3-10 (b) Special district’s share of the remaining money by:
3-11 (1) Multiplying one-twelfth of the amount allocated pursuant to NRS
3-12 360.680 by [one] 0.75 plus the average change in the assessed valuation of
3-13 the taxable property in the special district, including assessed valuation
3-14 attributable to a redevelopment agency but excluding the portion
3-15 attributable to the net proceeds of minerals, over the 5 fiscal years
3-16 immediately preceding the year in which the allocation is made; and
3-17 (2) Using the figure calculated pursuant to subparagraph (1) to
3-18 calculate and allocate to each special district an amount equal to the
3-19 proportion that the figure calculated pursuant to subparagraph (1) bears to
3-20 the total amount of the figures calculated pursuant to subparagraph (1) of
3-21 this paragraph and subparagraph (1) of paragraph (a), respectively, for the
3-22 local governments and special districts located in the same county
3-23 multiplied by the total amount available in the subaccount.
3-24 The state treasurer shall remit the amount allocated to each local
3-25 government or special district pursuant to this subsection.
3-26 5. In a county whose population is less than 400,000, except as
3-27 otherwise provided in subsection 6, if the executive director determines
3-28 that there is money remaining in the county’s subaccount in the account
3-29 after the base monthly allocation determined pursuant to subsection 2
3-30 has been allocated to each local government, special district and
3-31 enterprise district, he shall immediately determine and allocate each:
3-32 (a) Local government’s share of the remaining money by:
3-33 (1) Multiplying one-twelfth of the amount allocated pursuant to
3-34 NRS 360.680 by one plus the sum of the:
3-35 (I) Percentage change in the population of the local government
3-36 for the fiscal year immediately preceding the year in which the allocation
3-37 is made, as certified by the governor pursuant to NRS 360.285 except as
3-38 otherwise provided in subsection 7; and
3-39 (II) Average percentage of change in the assessed valuation of
3-40 the taxable property in the local government, including assessed
3-41 valuation attributable to a redevelopment agency but excluding the
3-42 portion attributable to the net proceeds of minerals, over the year in
3-43 which the allocation is made, as projected by the department pursuant to
3-44 NRS 361.390, and the 4 fiscal years immediately preceding the year in
3-45 which the allocation is made; and
3-46 (2) Using the figure calculated pursuant to subparagraph (1) to
3-47 calculate and allocate to each local government an amount equal to the
3-48 proportion that the figure calculated pursuant to subparagraph (1) bears
3-49 to the total amount of the figures calculated pursuant to subparagraph
4-1 (1) of this paragraph and subparagraph (1) of paragraph (b),
4-2 respectively, for the local governments and special districts located in the
4-3 same county multiplied by the total amount available in the subaccount;
4-4 and
4-5 (b) Special district’s share of the remaining money by:
4-6 (1) Multiplying one-twelfth of the amount allocated pursuant to
4-7 NRS 360.680 by one plus the average change in the assessed valuation of
4-8 the taxable property in the special district, including assessed valuation
4-9 attributable to a redevelopment agency but excluding the portion
4-10 attributable to the net proceeds of minerals, over the 5 fiscal years
4-11 immediately preceding the year in which the allocation is made; and
4-12 (2) Using the figure calculated pursuant to subparagraph (1) to
4-13 calculate and allocate to each special district an amount equal to the
4-14 proportion that the figure calculated pursuant to subparagraph (1) bears
4-15 to the total amount of the figures calculated pursuant to subparagraph
4-16 (1) of this paragraph and subparagraph (1) of paragraph (a),
4-17 respectively, for the local governments and special districts located in the
4-18 same county multiplied by the total amount in the subaccount.
4-19 The state treasurer shall remit the amount allocated to each local
4-20 government or special district.
4-21 6. The executive director shall not allocate any amount to a local
4-22 government or special district pursuant to subsection 4[,] or 5, as
4-23 applicable, unless the amount distributed and allocated to each of the local
4-24 governments and special districts in the county in each preceding month of
4-25 the fiscal year in which the allocation is to be made was at least equal to
4-26 the base monthly allocation determined pursuant to subsection 2. If the
4-27 amounts distributed to the local governments and special districts in the
4-28 county for the preceding months of the fiscal year in which the allocation is
4-29 to be made were less than the base monthly allocation determined pursuant
4-30 to subsection 2 and the executive director determines there is money
4-31 remaining in the county’s subaccount in the account after the distribution
4-32 for the month has been made, he shall:
4-33 (a) Determine the amount by which the base monthly allocations
4-34 determined pursuant to subsection 2 for each local government and special
4-35 district in the county for the preceding months of the fiscal year in which
4-36 the allocation is to be made exceeds the amounts actually received by the
4-37 local governments and special districts in the county for the same period;
4-38 and
4-39 (b) Compare the amount determined pursuant to paragraph (a) to the
4-40 amount of money remaining in the county’s subaccount in the account to
4-41 determine which amount is greater.
4-42 If the executive director determines that the amount determined pursuant to
4-43 paragraph (a) is greater, he shall allocate the money remaining in the
4-44 county’s subaccount in the account pursuant to the provisions of subsection
4-45 3. If the executive director determines that the amount of money remaining
4-46 in the county’s subaccount in the account is greater, he shall first allocate
4-47 the money necessary for each local government and special district to
4-48 receive the base monthly allocation determined pursuant to subsection 2
4-49 and the state treasurer shall remit that money so allocated. The executive
5-1 director shall allocate any additional money in the county’s subaccount in
5-2 the account pursuant to the provisions of subsection 4[.
5-3 6.] or 5, as applicable.
5-4 7. The percentage change calculated pursuant to paragraph (a) of
5-5 subsection 4 or paragraph (a) of subsection 5 must:
5-6 (a) If the Bureau of the Census of the United States Department of
5-7 Commerce issues population totals that conflict with the totals certified by
5-8 the governor pursuant to NRS 360.285, be an estimate of the change in
5-9 population for the calendar year, based upon the population totals issued by
5-10 the Bureau of the Census.
5-11 (b) If a new method of determining population is established pursuant to
5-12 NRS 360.283, be adjusted in a manner that will result in the percentage
5-13 change being based on population determined pursuant to the new method
5-14 for both the fiscal year in which the allocation is made and the fiscal year
5-15 immediately preceding the year in which the allocation is made.
5-16 [7.] 8. On or before February 15 of each year, the executive director
5-17 shall provide to each local government, special district and enterprise
5-18 district a preliminary estimate of the revenue it will receive from the
5-19 account for that fiscal year.
5-20 [8.] 9. On or before March 15 of each year, the executive director
5-21 shall:
5-22 (a) Make an estimate of the receipts from each tax included in the
5-23 account on an accrual basis for the next fiscal year in accordance with
5-24 generally accepted accounting principles, including an estimate for each
5-25 county of the receipts from each tax included in the account; and
5-26 (b) Provide to each local government, special district and enterprise
5-27 district an estimate of the amount that local government, special district or
5-28 enterprise district would receive based upon the estimate made pursuant to
5-29 paragraph (a) and calculated pursuant to the provisions of this section.
5-30 [9.] 10. A local government, special district or enterprise district may
5-31 use the estimate provided by the executive director pursuant to subsection
5-32 [8] 9 in the preparation of its budget.
5-33 Sec. 2.5. NRS 360.690 is hereby amended to read as follows:
5-34 360.690 1. Except as otherwise provided in NRS 360.730, the
5-35 executive director shall estimate monthly the amount each local
5-36 government, special district and enterprise district will receive from the
5-37 account pursuant to the provisions of this section.
5-38 2. The executive director shall establish a base monthly allocation for
5-39 each local government, special district and enterprise district by dividing
5-40 the amount determined pursuant to NRS 360.680 for each local
5-41 government, special district and enterprise district by 12 and the state
5-42 treasurer shall, except as otherwise provided in subsections 3 to 6,
5-43 inclusive, remit monthly that amount to each local government, special
5-44 district and enterprise district.
5-45 3. If, after making the allocation to each enterprise district for the
5-46 month, the executive director determines there is not sufficient money
5-47 available in the county’s subaccount in the account to allocate to each local
5-48 government and special district the base monthly allocation determined
5-49 pursuant to subsection 2, he shall prorate the money in the county’s
6-1 subaccount and allocate to each local government and special district an
6-2 amount equal to the percentage of the amount that the local government or
6-3 special district received from the total amount which was distributed to all
6-4 local governments and special districts within the county for the fiscal year
6-5 immediately preceding the year in which the allocation is made. The state
6-6 treasurer shall remit that amount to the local government or special district.
6-7 4. In a county whose population is 400,000 or more, except as
6-8 otherwise provided in subsection 6, if the executive director determines
6-9 that there is money remaining in the county’s subaccount in the account
6-10 after the base monthly allocation determined pursuant to subsection 2 has
6-11 been allocated to each local government, special district and enterprise
6-12 district, he shall immediately determine and allocate each:
6-13 (a) Local government’s share of the remaining money by:
6-14 (1) Multiplying one-twelfth of the amount allocated pursuant to NRS
6-15 360.680 by [0.75] 0.5 plus the sum of the:
6-16 (I) Average percentage of change in the population of the local
6-17 government for the fiscal year immediately preceding the year in which the
6-18 allocation is made and the 4 fiscal years immediately preceding the year in
6-19 which the allocation is made, as certified by the governor pursuant to NRS
6-20 360.285 except as otherwise provided in subsection 7; and
6-21 (II) Average percentage of change in the assessed valuation of the
6-22 taxable property in the local government, 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 year in which the
6-25 allocation is made, as projected by the department pursuant to NRS
6-26 361.390, and the 4 fiscal years immediately preceding the year in which the
6-27 allocation is made; and
6-28 (2) Using the figure calculated pursuant to subparagraph (1) to
6-29 calculate and allocate to each local government an amount equal to the
6-30 proportion that the figure calculated pursuant to subparagraph (1) bears to
6-31 the total amount of the figures calculated pursuant to subparagraph (1) of
6-32 this paragraph and subparagraph (1) of paragraph (b), respectively, for the
6-33 local governments and special districts located in the same county
6-34 multiplied by the total amount available in the subaccount; and
6-35 (b) Special district’s share of the remaining money by:
6-36 (1) Multiplying one-twelfth of the amount allocated pursuant to NRS
6-37 360.680 by [0.75] 0.5 plus the average change in the assessed valuation of
6-38 the taxable property in the special district, including assessed valuation
6-39 attributable to a redevelopment agency but excluding the portion
6-40 attributable to the net proceeds of minerals, over the 5 fiscal years
6-41 immediately preceding the year in which the allocation is made; and
6-42 (2) Using the figure calculated pursuant to subparagraph (1) to
6-43 calculate and allocate to each special district an amount equal to the
6-44 proportion that the figure calculated pursuant to subparagraph (1) bears to
6-45 the total amount of the figures calculated pursuant to subparagraph (1) of
6-46 this paragraph and subparagraph (1) of paragraph (a), respectively, for the
6-47 local governments and special districts located in the same county
6-48 multiplied by the total amount available in the subaccount.
7-1 The state treasurer shall remit the amount allocated to each local
7-2 government or special district pursuant to this subsection.
7-3 5. In a county whose population is less than 400,000, except as
7-4 otherwise provided in subsection 6, if the executive director determines
7-5 that there is money remaining in the county’s subaccount in the account
7-6 after the base monthly allocation determined pursuant to subsection 2 has
7-7 been allocated to each local government, special district and enterprise
7-8 district, he shall immediately determine and allocate each:
7-9 (a) Local government’s share of the remaining money by:
7-10 (1) Multiplying one-twelfth of the amount allocated pursuant to NRS
7-11 360.680 by one plus the sum of the:
7-12 (I) Percentage change in the population of the local government for
7-13 the fiscal year immediately preceding the year in which the allocation is
7-14 made, as certified by the governor pursuant to NRS 360.285 except as
7-15 otherwise provided in subsection 7;
7-16 (II) Average percentage of change in the assessed valuation of the
7-17 taxable property in the local government, including assessed valuation
7-18 attributable to a redevelopment agency but excluding the portion
7-19 attributable to the net proceeds of minerals, over the year in which the
7-20 allocation is made, as projected by the department pursuant to NRS
7-21 361.390, and the 4 fiscal years immediately preceding the year in which the
7-22 allocation is made; and
7-23 (2) Using the figure calculated pursuant to subparagraph (1) to
7-24 calculate and allocate to each local government an amount equal to the
7-25 proportion that the figure calculated pursuant to subparagraph (1) bears to
7-26 the total amount of the figures calculated pursuant to subparagraph (1) of
7-27 this paragraph and subparagraph (1) of paragraph (b), respectively, for the
7-28 local governments and special districts located in the same county
7-29 multiplied by the total amount available in the subaccount; and
7-30 (b) Special district’s share of the remaining money by:
7-31 (1) Multiplying one-twelfth of the amount allocated pursuant to NRS
7-32 360.680 by one plus the average change in the assessed valuation of the
7-33 taxable property in the special district, including assessed valuation
7-34 attributable to a redevelopment agency but excluding the portion
7-35 attributable to the net proceeds of minerals, over the 5 fiscal years
7-36 immediately preceding the year in which the allocation is made; and
7-37 (2) Using the figure calculated pursuant to subparagraph (1) to
7-38 calculate and allocate to each special district an amount equal to the
7-39 proportion that the figure calculated pursuant to subparagraph (1) bears to
7-40 the total amount of the figures calculated pursuant to subparagraph (1) of
7-41 this paragraph and subparagraph (1) of paragraph (a), respectively, for the
7-42 local governments and special districts located in the same county
7-43 multiplied by the total amount in the subaccount.
7-44 The state treasurer shall remit the amount allocated to each local
7-45 government or special district.
7-46 6. The executive director shall not allocate any amount to a local
7-47 government or special district pursuant to subsection 4 or 5, as applicable,
7-48 unless the amount distributed and allocated to each of the local
7-49 governments and special districts in the county in each preceding month of
8-1 the fiscal year in which the allocation is to be made was at least equal to
8-2 the base monthly allocation determined pursuant to subsection 2. If the
8-3 amounts distributed to the local governments and special districts in the
8-4 county for the preceding months of the fiscal year in which the allocation is
8-5 to be made were less than the base monthly allocation determined pursuant
8-6 to subsection 2 and the executive director determines there is money
8-7 remaining in the county’s subaccount in the account after the distribution
8-8 for the month has been made, he shall:
8-9 (a) Determine the amount by which the base monthly allocations
8-10 determined pursuant to subsection 2 for each local government and special
8-11 district in the county for the preceding months of the fiscal year in which
8-12 the allocation is to be made exceeds the amounts actually received by the
8-13 local governments and special districts in the county for the same period;
8-14 and
8-15 (b) Compare the amount determined pursuant to paragraph (a) to the
8-16 amount of money remaining in the county’s subaccount in the account to
8-17 determine which amount is greater.
8-18 If the executive director determines that the amount determined pursuant to
8-19 paragraph (a) is greater, he shall allocate the money remaining in the
8-20 county’s subaccount in the account pursuant to the provisions of subsection
8-21 3. If the executive director determines that the amount of money remaining
8-22 in the county’s subaccount in the account is greater, he shall first allocate
8-23 the money necessary for each local government and special district to
8-24 receive the base monthly allocation determined pursuant to subsection 2
8-25 and the state treasurer shall remit that money so allocated. The executive
8-26 director shall allocate any additional money in the county’s subaccount in
8-27 the account pursuant to the provisions of subsection 4 or 5, as applicable.
8-28 7. The percentage change calculated pursuant to paragraph (a) of
8-29 subsection 4 or paragraph (a) of subsection 5 must:
8-30 (a) If the Bureau of the Census of the United States Department of
8-31 Commerce issues population totals that conflict with the totals certified by
8-32 the governor pursuant to NRS 360.285, be an estimate of the change in
8-33 population for the calendar year, based upon the population totals issued by
8-34 the Bureau of the Census.
8-35 (b) If a new method of determining population is established pursuant to
8-36 NRS 360.283, be adjusted in a manner that will result in the percentage
8-37 change being based on population determined pursuant to the new method
8-38 for both the fiscal year in which the allocation is made and the fiscal year
8-39 immediately preceding the year in which the allocation is made.
8-40 8. On or before February 15 of each year, the executive director shall
8-41 provide to each local government, special district and enterprise district a
8-42 preliminary estimate of the revenue it will receive from the account for that
8-43 fiscal year.
8-44 9. On or before March 15 of each year, the executive director shall:
8-45 (a) Make an estimate of the receipts from each tax included in the
8-46 account on an accrual basis for the next fiscal year in accordance with
8-47 generally accepted accounting principles, including an estimate for each
8-48 county of the receipts from each tax included in the account; and
9-1 (b) Provide to each local government, special district and enterprise
9-2 district an estimate of the amount that local government, special district or
9-3 enterprise district would receive based upon the estimate made pursuant to
9-4 paragraph (a) and calculated pursuant to the provisions of this section.
9-5 10. A local government, special district or enterprise district may use
9-6 the estimate provided by the executive director pursuant to subsection 9 in
9-7 the preparation of its budget.
9-8 Sec. 3. NRS 354.59813 is hereby amended to read as follows:
9-9 354.59813 1. In addition to the allowed revenue from taxes ad
9-10 valorem determined pursuant to NRS 354.59811, if the estimate of the
9-11 revenue available from the supplemental city-county relief tax to the
9-12 county as determined by the executive director of the department of
9-13 taxation pursuant to the provisions of subsection [8] 9 of NRS 360.690 is
9-14 less than the amount of money that would be generated by applying a tax
9-15 rate of $1.15 per $100 of assessed valuation to the assessed valuation of the
9-16 county, except any assessed valuation attributable to the net proceeds of
9-17 minerals, the governing body of each local government may levy an
9-18 additional tax ad valorem for operating purposes. The total tax levied by
9-19 the governing body of a local government pursuant to this section must not
9-20 exceed a rate calculated to produce revenue equal to the difference between
9-21 the:
9-22 (a) Amount of revenue from supplemental city-county relief tax
9-23 estimated to be received by the county pursuant to subsection [8] 9 of
9-24 NRS 360.690; and
9-25 (b) The tax that the county would have been estimated to receive if the
9-26 estimate for the total revenue available from the tax was equal to the
9-27 amount of money that would be generated by applying a tax rate of $1.15
9-28 per $100 of assessed valuation to the assessed valuation of the county,
9-29 multiplied by the proportion determined for the local government pursuant
9-30 to subparagraph (2) of paragraph (a) of subsection 4 or subparagraph (2)
9-31 of paragraph (a) of subsection 5, as applicable, of NRS 360.690.
9-32 2. Any additional taxes ad valorem levied as a result of the application
9-33 of this section must not be included in the base from which the allowed
9-34 revenue from taxes ad valorem for the next subsequent year is computed.
9-35 3. As used in this section, “local government” has the meaning
9-36 ascribed to it in NRS 360.640.
9-37 Sec. 4. NRS 354.598747 is hereby amended to read as follows:
9-38 354.598747 1. To calculate the amount to be distributed pursuant to
9-39 the provisions of NRS 360.680 and 360.690 from a county’s subaccount in
9-40 the local government tax distribution account to a local government,
9-41 special district or enterprise district after it assumes the functions of
9-42 another local government, special district or enterprise district:
9-43 (a) Except as otherwise provided in this subsection and subsection 2, the
9-44 executive director of the department of taxation shall:
9-45 (1) Add the amounts calculated pursuant to subsection 1 or 2 of NRS
9-46 360.680 for each local government, special district or enterprise district and
9-47 allocate the combined amount to the local government, special district or
9-48 enterprise district that assumes the functions; and
10-1 (2) If applicable, add the population and average change in the
10-2 assessed valuation of the taxable property that would otherwise be allowed
10-3 to the local government or special district whose functions are assumed,
10-4 including the assessed valuation attributable to a redevelopment agency but
10-5 excluding the portion attributable to the net proceeds of minerals, pursuant
10-6 to subsection 4 or 5, as applicable, of NRS 360.690 to the population and
10-7 average change in assessed valuation for the local government, special
10-8 district or enterprise district that assumes the functions.
10-9 (b) If two or more local governments, special districts or enterprise
10-10 districts assume the functions of another local government, special district
10-11 or enterprise district, the additional revenue must be divided among the
10-12 local governments, special districts or enterprise districts that assume the
10-13 functions on the basis of the proportionate costs of the functions assumed.
10-14 The Nevada tax commission shall not allow any increase in the allowed
10-15 revenue from the taxes contained in the county’s subaccount in the local
10-16 government tax distribution account if the increase would result in a
10-17 decrease in revenue of any local government, special district or enterprise
10-18 district in the county that does not assume those functions. If more than one
10-19 local government, special district or enterprise district assumes the
10-20 functions, the Nevada tax commission shall determine the appropriate
10-21 amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).
10-22 2. If a city disincorporates, the board of county commissioners of the
10-23 county in which the city is located must determine the amount the
10-24 unincorporated town created by the disincorporation will receive pursuant
10-25 to the provisions of NRS 360.600 to 360.740, inclusive.
10-26 3. As used in this section:
10-27 (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.
10-28 (b) “Local government” has the meaning ascribed to it in NRS 360.640.
10-29 (c) “Special district” has the meaning ascribed to it in NRS 360.650.
10-30 Sec. 4.5. Section 9 of chapter 661, Statutes of Nevada 1997, at page
10-31 3309, is hereby amended to read as follows:
10-32 Sec. 9. This act becomes effective on July 1, 1997, and expires by
10-33 limitation on July 1, [2001.] 2003.
10-34 Sec. 5. (Deleted by amendment.)
10-35 Sec. 6. On or before July 1, 2001, the executive director of the
10-36 department of taxation shall provide to each local government and special
10-37 district in Clark County the estimates required pursuant to subsections 8
10-38 and 9 of NRS 360.690 revised to reflect the provisions of sections 1, 2 and
10-39 2.5 of this act.
10-40 Sec. 6.5. The advisory committee to the legislative committee to study
10-41 the distribution among local governments of revenue from state and local
10-42 taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a
10-43 study of the effects of the formula for the distribution of certain revenues
10-44 among local governments set forth in NRS 360.600 to 360.740, inclusive,
10-45 and the amendatory provisions of this act. The advisory committee shall
10-46 report its findings to the legislative committee to study the distribution
10-47 among local governments of revenue from state and local taxes on or
10-48 before October 1, 2002.
11-1 Sec. 7. The legislature hereby finds and declares that the provisions of
11-2 section 6 of this act are necessary to correct certain discrepancies in the
11-3 formula for the distribution of certain revenues set forth in section 35 of
11-4 chapter 660, Statutes of Nevada 1997, as that formula relates to the region
11-5 of this state encompassed generally by Clark County and the unique
11-6 patterns of growth that exist in that region, and therefore a general law
11-7 cannot be made applicable.
11-8 Sec. 8. 1. This section and sections 6 and 7 of this act become
11-9 effective upon passage and approval.
11-10 2. Sections 1, 2, 3 to 5, inclusive, and 6.5 of this act become effective
11-11 on July 1, 2001.
11-12 3. Section 2.5 of this act becomes effective on July 1, 2003.
11-13 H