S.B. 465
Senate Bill No. 465–Committee on Taxation
(On Behalf of the Legislative Committee on
Local
Government Taxes and Finance)
March 24, 2003
____________
Referred to Committee on Taxation
SUMMARY—Makes certain changes concerning calculation of amount of basic governmental services tax distributed to county school district. (BDR 43‑623)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: No.
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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 education; making certain changes to the method of calculating the amount of the basic governmental services tax to be distributed to a county school district; 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 482.181 is hereby amended to read as follows:
1-2 482.181 1. Except as otherwise provided in subsection 5,
1-3 after deducting the amount withheld by the Department and the
1-4 amount credited to the Department pursuant to subsection 6 of NRS
1-5 482.180, the Department shall certify monthly to the State Board of
1-6 Examiners the amount of the basic and supplemental governmental
1-7 services taxes collected for each county by the Department and its
1-8 agents during the preceding month, and that money must be
1-9 distributed monthly as provided in this section.
2-1 2. Any supplemental governmental services tax collected for a
2-2 county must be distributed only to the county, to be used as
2-3 provided in NRS 371.045 and 371.047.
2-4 3. The distribution of the basic governmental services tax
2-5 received or collected for each county must be made to the county
2-6 school district within each county before any distribution is made to
2-7 a local government, special district or enterprise district. For the
2-8 purpose of calculating the amount of the basic governmental
2-9 services tax to be distributed to the county school district, the taxes
2-10 levied by each local government, special district and enterprise
2-11 district are the product of its certified valuation, determined
2-12 pursuant to subsection 2 of NRS 361.405, and its tax rate,
2-13 established pursuant to NRS 361.455 for the fiscal year beginning
2-14 on July 1, 1980, except that the tax rate for school districts,
2-15 including the rate attributable to a district’s debt service, is the rate
2-16 established pursuant to NRS 361.455 for the fiscal year beginning
2-17 on July 1, 1978, but if[, in any fiscal year, the sum of] the rate
2-18 attributable to a district’s debt service in [that] any fiscal year [and
2-19 any rate levied for capital projects pursuant to NRS 387.3285 in that
2-20 fiscal year] is greater than its rate for the fiscal year beginning on
2-21 July 1, 1978, the higher rate must be used to determine the amount
2-22 attributable to debt service.
2-23 4. After making the distributions set forth in subsection 3, the
2-24 remaining money received or collected for each county must be
2-25 deposited in the Local Government Tax Distribution Account
2-26 created by NRS 360.660 for distribution to local governments,
2-27 special districts and enterprise districts within each county pursuant
2-28 to the provisions of NRS 360.680 and 360.690.
2-29 5. An amount equal to any basic governmental services tax
2-30 distributed to a redevelopment agency in the fiscal year 1987-1988
2-31 must continue to be distributed to that agency as long as it exists but
2-32 must not be increased.
2-33 6. The Department shall make distributions of the basic
2-34 governmental services tax directly to county school districts.
2-35 7. As used in this section:
2-36 (a) “Enterprise district” has the meaning ascribed to it in
2-37 NRS 360.620.
2-38 (b) “Local government” has the meaning ascribed to it in
2-39 NRS 360.640.
2-40 (c) “Received or collected for each county” means:
2-41 (1) For the basic governmental services tax collected on
2-42 vehicles subject to the provisions of chapter 706 of NRS, the
2-43 amount determined for each county based on the following
2-44 percentages:
3-1 Carson City1.07 percent................ Lincoln.. 3.12 percent
3-2 Churchill5.21 percent Lyon. 2.90 percent
3-3 Clark22.54 percent Mineral2.40 percent
3-4 Douglas2.52 percent Nye... 4.09 percent
3-5 Elko13.31 percent Pershing7.00 percent
3-6 Esmeralda2.52 percentStorey .19 percent
3-7 Eureka3.10 percent Washoe12.24 percent
3-8 Humboldt8.25 percentWhite Pine5.66 percent
3-9 Lander3.88 percent
3-10 (2) For all other basic and supplemental governmental
3-11 services tax received or collected by the Department, the amount
3-12 attributable to each county based on the county of registration of the
3-13 vehicle for which the tax was paid.
3-14 (d) “Special district” has the meaning ascribed to it in
3-15 NRS 360.650.
3-16 Sec. 2. The amendatory provisions of section 1 of this act do
3-17 not apply to the distribution of any proceeds of the basic
3-18 governmental services tax collected during a fiscal year beginning
3-19 before July 1, 2003.
3-20 Sec. 3. 1. The amendatory provisions of section 1 of this act
3-21 do not apply to modify, directly or indirectly, any taxes levied or
3-22 revenues pledged in such a manner as to impair adversely any
3-23 outstanding obligations of a local government, special district or
3-24 enterprise district, including, without limitation, bonds, medium-
3-25 term financing, letters of credit and any other financial obligation,
3-26 until all such obligations have been discharged in full or provision
3-27 for their payment and redemption has been fully made.
3-28 2. As used in this section:
3-29 (a) “Enterprise district” has the meaning ascribed to it in
3-30 NRS 360.620.
3-31 (b) “Local government” has the meaning ascribed to it in
3-32 NRS 360.640.
3-33 (c) “Special district” has the meaning ascribed to it in
3-34 NRS 360.650.
3-35 Sec. 4. This act becomes effective on July 1, 2003.
3-36 H