2001 REGULAR SESSION (71st)                                                                            A AB653 926

Amendment No. 926

 

 

 

     Amend section 1, page 1, by deleting line 14 and inserting:

“the preceding fiscal year , minus any excess amount allocated pursuant to subsection 4 of NRS 360.690, multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.

     Amend section 1, page 1, by deleting lines 18 through 21 and inserting:

“district for the preceding fiscal year multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.”.

     Amend sec. 2, page 2, line 32, by deleting “[one plus]” and inserting:

“[one] 0.75 plus”.

     Amend sec. 2, page 2, line 33, by deleting “Percentage” and inserting:

“[Percentage] Average percentage of”.

     Amend sec. 2, page 2, line 34, after “is” by inserting:

“made and the 4 fiscal years immediately preceding the year in which the allocation is”.

     Amend sec. 2, page 3, line 5, by deleting “[one plus]” and inserting:

“[one] 0.75 plus”.

     Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

     “Sec. 2.5.  NRS 360.690 is hereby amended to read as follows:

     360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the account pursuant to the provisions of this section.

     2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to NRS 360.680 for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3 to 6, inclusive, remit monthly that amount to each local government, special district and enterprise district.

     3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s subaccount in the account to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the county’s subaccount and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

     4.  In a county whose population is 400,000 or more, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

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

          (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the sum of the:

              (I) Average percentage of change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made and the 4 fiscal years immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7; and

              (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

          (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

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

          (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by [0.75] 0.5 plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

          (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount.

FLUSH

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

     5.  In a county whose population is less than 400,000, except as otherwise provided in subsection 6, if the executive director determines that there is money remaining in the county’s subaccount in the account after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

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

          (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the sum of the:

              (I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 7;

              (II) Average percentage of change in the assessed valuation of the taxable property in the local government, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 fiscal years immediately preceding the year in which the allocation is made; and

          (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the subaccount; and

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

          (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 by one plus the average change in the assessed valuation of the taxable property in the special district, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

          (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount in the subaccount.

FLUSH

The state treasurer shall remit the amount allocated to each local government or special district.

     6.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4 or 5, as applicable, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s subaccount in the account after the distribution for the month has been made, he shall:

     (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

     (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s subaccount in the account to determine which amount is greater.

FLUSH

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s subaccount in the account pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s subaccount in the account is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s subaccount in the account pursuant to the provisions of subsection 4 or 5, as applicable.

     7.  The percentage change calculated pursuant to paragraph (a) of subsection 4 or paragraph (a) of subsection 5 must:

     (a) If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

     (b) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

     8.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the account for that fiscal year.

     9.  On or before March 15 of each year, the executive director shall:

     (a) Make an estimate of the receipts from each tax included in the account on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the account; and

     (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

     10.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 9 in the preparation of its budget.”.

     Amend the bill as a whole by adding a new section, designated sec. 4.5, following sec. 4, to read as follows:

     “Sec. 4.5.  Section 9 of chapter 661, Statutes of Nevada 1997, at page 3309, is hereby amended to read as follows:

     Sec. 9.  This act becomes effective on July 1, 1997, and expires by limitation on July 1, [2001.] 2003.”.

     Amend the bill as a whole by deleting sec. 5 and adding:

     “Sec. 5.  (Deleted by amendment.)”.

     Amend sec. 6, page 7, line 24, by deleting “5” and inserting “2.5”.

     Amend the bill as a whole by adding a new section, designated sec. 6.5, following sec. 6, to read as follows:

     “Sec. 6.5.  The advisory committee to the legislative committee to study the distribution among local governments of revenue from state and local taxes created pursuant to subsection 2 of NRS 218.53881 shall conduct a study of the effects of the formula for the distribution of certain revenues among local governments set forth in NRS 360.600 to 360.740, inclusive, and the amendatory provisions of this act. The advisory committee shall report its findings to the legislative committee to study the distribution among local governments of revenue from state and local taxes on or before October 1, 2002.”.

     Amend sec. 7, page 7, line 26, by deleting:

“sections 5 and 6” and inserting “section 6”.

     Amend sec. 8, page 7, by deleting lines 34 and 35 and inserting:

     “2.  Sections 1, 2, 3 to 5, inclusive, and 6.5 of this act become effective on July 1, 2001.

     3.  Section 2.5 of this act becomes effective on July 1, 2003.”.

     Amend the title of the bill, third line, after “governments;” by inserting:

“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;”.