Amendment No. 889

 

 

 

     Amend sec. 4, page 2, line 12, after “municipality” by inserting:

“in a county whose population is less than 400,000”.

     Amend sec. 4, page 2, by deleting lines 19 and 20 and inserting:

“the deduction of a sum equal to 0.75 percent of the amount of those proceeds; and”.

     Amend sec. 4, page 2, by deleting lines 25 and 26 and inserting:

“the deduction of 0.75 percent of the amount of those proceeds.”.

     Amend sec. 4, page 2, line 30, after “The” by inserting:

“governing body determines that no retailers have maintained a fixed place of business in the improvement district at any time from the first day of the fiscal year in which the assessment ordinance is adopted until the date of the adoption of the ordinance;

     (b) Except as otherwise provided in subsection 3, the”.

     Amend sec. 4, page 3, by deleting lines 1 through 9 and inserting:

     “(c) The Commission on Tourism determines, at a public hearing conducted at least 15 days after providing notice of the hearing by publication, that a preponderance of the increase in the proceeds from sales and use taxes identified pursuant to paragraph (b) will be attributable to transactions with tourists who are not residents of this state; and

     (d) The Governor determines that the project and the pledge of money authorized by subsection 1 will contribute significantly to economic development and tourism in this state. Before making that determination, the Governor:

          (1) Must consider the fiscal effects of the pledge of money on educational funding, including any fiscal effects described in comments provided pursuant to section 6 of this act by the school district in which the improvement district is located, and for that purpose may require the Department of Education or the Department of Taxation, or both, to provide him with an appropriate fiscal report; and

          (2) If the Governor determines that the pledge of money will have a substantial adverse fiscal effect on educational funding, may require a commitment from the municipality for the provision of specified payments to the school district in which the improvement district is located during the term of the pledge of money. The payments may be provided pursuant to agreements authorized by section 6 of this act or from sources other than the owners of property within the improvement district. Such a commitment by a municipality is not subject to the limitations of subsection 1 of NRS 354.626 and, notwithstanding any other law to the contrary, is binding on the municipality for the term of the pledge of money authorized by subsection 1.

     3.  Any determination or approval made pursuant to subsection 2 is conclusive in the absence of fraud or gross abuse of discretion. If an improvement district is created by a municipality that is not a county and the board of county commissioners refuses to make the determinations required by paragraph (b) of subsection 2, the governing body of the municipality may request the Commission on Tourism to make those determinations. The Commission on Tourism shall make those determinations if a majority of the members of the Commission on Tourism agree that the refusal was unreasonable. If those determinations are made by the Commission on Tourism pursuant to this subsection, those determinations shall be deemed to be as conclusive as determinations made by the board of county commissioners pursuant to paragraph (b) of subsection 2, and to satisfy the requirements of that paragraph.”.

     Amend sec. 5, page 3, by deleting lines 15 through 25 and inserting:

“agreement specifying the dates and procedure for distribution to the”.

     Amend sec. 5, page 3, line 28, by deleting “(a)” and inserting “1.”.

     Amend sec. 5, page 3, line 30, by deleting “(b)” and inserting “2.”.

     Amend sec. 6, page 4, line 18, after “3.” by inserting:

“Before making any determination pursuant to subsection 2, the governing body of a municipality shall provide to the board of trustees of the school district in which the improvement district is located, at least 45 days before making the determination:

     (a) Written notice of the time and place of the meeting at which the governing body will consider making the determination; and

     (b) Each analysis prepared by or for or presented to the governing body regarding the fiscal effect of the project and the pledge authorized pursuant to section 4 of this act on the provision of local governmental services, including education.

FLUSH

After the receipt of that notice and before the date of that meeting of the governing body of the municipality, the board of trustees shall conduct a hearing regarding the fiscal effect, if any, of the project and the pledge authorized pursuant to section 4 of this act on the school district, and submit to the governing body any comments regarding that fiscal effect. The governing body shall consider those comments when making any determination pursuant to subsection 2 and may consider those comments when determining the terms of any agreement pursuant to subsection 1.

     4.”.

     Amend sec. 9, page 5, line 31, after “municipality” by inserting:

“in a county whose population is less than 400,000”.

     Amend sec. 11, pages 6 and 7, by deleting lines 40 through 43 on page 6 and lines 1 and 2 on page 7, and inserting:

“the unused portion [shall] must be :

     (a) Except as otherwise provided in paragraph (b), applied to the next ensuing installment or installments of principal and interest ; or

     (b) If the credit is derived from money pledged pursuant to an assessment ordinance adopted in accordance with section 4 of this act, remitted to the State Controller for distribution in the manner set forth in subsection 2 of section 12 of this act,”.

     Amend sec. 12, page 7, line 29, by deleting “act.” and inserting:

“act, in the following order of priority:

     (a) First, to the credit of the county school district fund for the county in which the improvement district is located to the extent that the money would have been transferred to that fund, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph (e) of subsection 3 of NRS 374.785 for the fiscal year in which the State Controller receives the money;

     (b) Second, to the State General Fund to the extent that the money would not have been appropriated, if not for the pledge of the money pursuant to the assessment ordinance, pursuant to paragraph (a) of subsection 1 for the fiscal year in which the State Controller receives the money; and

     (c) Third, to the credit of any other funds and accounts to which the money would have been distributed, if not for the pledge of the money pursuant to the assessment ordinance, for the fiscal year in which the State Controller receives the money.

     3.  The Nevada Tax Commission may adopt such regulations as it deems appropriate to ensure the proper collection and distribution of any money pledged pursuant to an assessment ordinance adopted in accordance with section 4 of this act.”.

     Amend sec. 13, page 7, by deleting lines 42 through 44 and inserting:

“collected in each county during the preceding month to the appropriate account in the State General Fund as”.

     Amend sec. 13, page 8, by deleting lines 3 through 5 and inserting:

“not maintaining a fixed place of business within this state to the appropriate account in the State General Fund”.

     Amend sec. 14, page 8, line 35, by deleting “377.057,” and inserting:

“377.057 and section 12 of this act,”.

     Amend sec. 14, page 8, by deleting lines 38 and 39 and inserting:

“during the preceding month to the appropriate”.

     Amend the bill as a whole by renumbering sec. 18 as sec. 20 and adding new sections designated sections 18 and 19, following sec. 17, to read as follows:

     “Sec. 18. Notwithstanding any other provision of this act and the terms of any ordinance adopted in accordance with section 4 of this act, the provisions of this act do not require the distribution of any money remitted to the State before July 1, 2005, unless the Department of Taxation determines that it is reasonably feasible to make such a distribution.

     Sec. 19. The governing body of a municipality which before January 1, 2007, pledges any money pursuant to an assessment ordinance adopted in accordance with section 4 of this act shall, on or before February 1, 2007, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report regarding:

     1.  The project for which the money was pledged; and

     2.  The fiscal effect of the project and the pledge of money on the provision of local governmental services, including education, within the county in which the municipality is located.”.

     Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:

     “Whereas, The State Legislature recognizes the importance of economic development and tourism to the State of Nevada and the need to compete effectively with other states in the promotion of economic development and tourism; and

     Whereas, It is the intention of the State Legislature for the provisions of this act to be carried out for the promotion of economic development and tourism in the State of Nevada and for no other purpose; now, therefore,”.