(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 312-Committee on Government Affairs
April 17, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Makes various changes to provisions governing redevelopment. (BDR 22-61)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to redevelopment; providing for the termination of redevelopment plans; requiring each proposal for a redevelopment project instead of the redevelopment plan to include an employment plan; prohibiting a redevelopment agency from issuing securities and incurring debt to finance a redevelopment plan beyond 20 years after the date on which the plan is adopted; prohibiting the use for redevelopment of certain portions of taxes approved by the voters of a taxing agency for the repayment of bonded indebtedness or attributable to a new or increased tax rate; removing the limitation on the total revenue paid to all redevelopment agencies of a municipality; repealing the provisions governing tax increment areas; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 279.438 is hereby amended to read as follows:
279.438 [An agency created] A redevelopment plan adopted before July 1, 1987, [expires] and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date are fully paid or at the time provided in NRS 279.439, whichever is later.
Sec. 2 NRS 279.439 is hereby amended to read as follows:
279.439 [An agency created] A redevelopment plan adopted on or after July 1, 1987, [expires] and any amendments to the plan must terminate not later than 30 years after the date on which the [resolution adopted pursuant to NRS 279.428 becomes effective.] original redevelopment plan is adopted.
Sec. 3 NRS 279.482 is hereby amended to read as follows:
279.482 1. An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:
[1.] (a) Use the property for the purpose designated in the redevelopment plans.
[2.] (b) Begin the redevelopment of the area within a period of time which the agency fixes as reasonable.
[3.] (c) Comply with other conditions which the agency deems necessary to carry out the purposes of NRS 279.382 to 279.685, inclusive [.] , including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.
2. As appropriate for the particular project, each proposal for a redevelopment project must also include an employment plan. The employment plan must include:
(a) A description of the existing opportunities for employment within the area;
(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area; and
(c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:
(1) Economically disadvantaged;
(2) Physically handicapped;
(3) Members of racial minorities;
(4) Veterans; or
(5) Women.
Sec. 4 NRS 279.572 is hereby amended to read as follows:
279.572 [1.] Every redevelopment plan must show:
[(a)] 1. The amount of open space to be provided and the layout of streets [.
(b)] ;
2. Limitations on type, size, height, number and proposed use of buildings [.
(c)] ;
3. The approximate number of dwelling units [.
(d)] ;
4. The property to be devoted to public purposes and the nature of those purposes [.
(e)] ;
5. Other covenants, conditions and restrictions which the legislative body prescribes [.
(f)] ; and
6. The proposed method of financing the redevelopment plan in sufficient detail so that the legislative body may determine the economic feasibility of the plan.
[2. As appropriate for the particular project, each proposal for a project must also include an employment plan. The employment plan must include:
(a) A description of the existing opportunities for employment within the area.
(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area.
(c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:
(1) Economically disadvantaged.
(2) Physically handicapped.
(3) Members of racial minorities.
(4) Veterans.
(5) Women.]
Sec. 5 NRS 279.619 is hereby amended to read as follows:
279.619 1. Securities must not be issued and no indebtedness may be incurred in any other manner, by or on behalf of an agency [after] to finance, in whole or in part, a redevelopment plan beyond 20 years after the date on which the [resolution adopted pursuant to NRS 279.428 becomes effective.] redevelopment plan is adopted, except that an agency may enter into leases or incur indebtedness at any time before the termination of the redevelopment plan if the leases are terminated and the indebtedness is fully repaid no later than the termination of the redevelopment plan. The maturity date of any securities which are refunded must not extend beyond the [last original maturity date.] date of termination of the redevelopment plan.
2. Any securities issued by or on behalf of an agency to finance, in whole or in part, redevelopment pursuant to NRS 279.620 to 279.626, inclusive, and 279.634 to 279.672, inclusive, must mature and be fully paid, including any interest thereon, before the [expiration of the agency.] termination of the redevelopment plan.
Sec. 6 NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment [project] area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment [project] area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment [project] area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the [project] redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
(b) [That] Except as otherwise provided in paragraphs (c) and (d), that portion of the levied taxes each year in excess of [that] the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, [the redevelopment project.] redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment [project] area exceeds the total assessed value of the taxable property in the [project] redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment [project] area must be paid into the funds of the respective taxing agencies. When [such] the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 279.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment [project] area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency [in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality] must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the [municipality] redevelopment agency has more than one redevelopment [agency or tax increment area, or one of each, the municipality] area, the redevelopment agency shall determine the allocation to each [agency and] area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 7. NRS 274.240 is hereby amended to read as follows:
274.240To encourage the revitalization of specially benefited zones, the governing body of a designating municipality may:
1. Issue bonds or other securities authorized by other law for the purposes of economic development and use the proceeds for loans to any new or expanding qualified businesses in the specially benefited zone.
2. [Provide financing by tax increment pursuant to chapter 361B of NRS.
3.] Reduce or eliminate any license or franchise tax, fee or service charge which would otherwise be imposed against qualified businesses within the specially benefited zone.
[4.] 3. Develop and carry out, alone or where feasible with the participation of one or more designated neighborhood organizations as provided in NRS 274.250, programs to improve needed governmental services within the specially benefited zone.
[5.] 4. Develop and carry out a plan to:
(a) Ensure the availability of resources to assist residents of the specially benefited zone in their own efforts to improve the condition of property and the availability and quality of public services within the zone.
(b) Provide or seek assistance for persons or businesses displaced as a result of undertakings or other activities conducted pursuant to this chapter or chapter 361B of NRS.
[6.] 5. Cooperate with any other governmental agency to provide any other incentive likely to encourage private investment within the specially benefited zone.
Sec. 8. NRS 354.59811 is hereby amended to read as follows:
354.59811Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area [or tax increment area] and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 9. NRS 377.057 is hereby amended to read as follows:
377.0571. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2:
(a) For Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must 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) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that county's portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1, may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1, and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency [, any tax increment area] and any other local government excluded by specific statute, in the proportion which each local government's basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the "basic ad valorem revenue" of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency [or tax increment area] but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
(a) The Santini-Burton Act, Public Law 96-586; or
(b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas $580,993
Esmeralda 53,093
Lander 155,106
Lincoln 72,973
Lyon 356,858
Mineral 118,299
Nye 296,609
Pershing 96,731
Storey 69,914
White Pine 158,863
11. As used in this section, unless the context otherwise requires:
(a) "Local government" includes a fire protection district organized pursuant to chapter 473 of NRS.
(b) "Local government" does not include the Nevada rural housing authority.
Sec. 10. NRS 482.181 is hereby amended to read as follows:
482.1811. Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies , [and tax increment areas,] in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. An amount equal to any basic privilege tax distributed to a redevelopment agency [or tax increment area] in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
5. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
6. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 11. Section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, is hereby amended to read as follows:
Sec. 8. NRS 482.181 is hereby amended to read as follows:
482.181 1. Except as otherwise provided in subsection [4,] 5, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.
2. Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045.
3. The distribution of the basic privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county's general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district's debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district's debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
4. The tax rate for the fiscal year beginning on July 1, 1980, of an unincorporated town created after July 1, 1980, for which the Nevada tax commission establishes the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987 shall be deemed to be the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.
5. An amount equal to any basic privilege tax distributed to a redevelopment agency in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.
[5.] 6. Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.
[6.] 7. The department shall make distributions of basic privilege tax directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
Sec. 12. Section 1 of Senate Bill No. 146 of this session is hereby amended to read as follows:
Section 1. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2 [:] , to:
(a) [For] Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, [distribute to each county] an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:
(1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or
(2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,
whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 10. If the United States Bureau of the Census issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must 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) [For all] All other counties, [distribute] the amount remaining after making the distributions required by paragraph (a) to each [county] of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.
2. If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that county's portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.
3. A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 [,] may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 [,] and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:
(a) Nonrecurring taxable sales, it shall grant the request.
(b) Normal or sustainable growth in taxable sales, it shall deny the request.
A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.
4. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency and any other local government excluded by specific statute, in the proportion which each local government's basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.
5. As used in this section, the "basic ad valorem revenue" of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
6. For the purposes of determining basic ad valorem revenue, the assessed valuation of a [fire] :
(a) Fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:
[(a)] (1) The Santini-Burton Act, Public Law 96-586; or
[(b)] (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.
(b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.
7. On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.
8. On or before March 15 of each year, the executive director shall:
(a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and
(b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.
9. A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.
10. The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:
Douglas $580,993
Esmeralda 53,093
Lander 155,106
Lincoln 72,973
Lyon 356,858
Mineral 118,299
Nye 296,609
Pershing 96,731
Storey 69,914
White Pine 158,863
11. As used in this section, unless the context otherwise requires:
(a) "Local government" includes a fire protection district organized pursuant to chapter 473 of NRS.
(b) "Local government" does not include the Nevada rural housing authority.
Sec. 13. Section 13 of Senate Bill No. 414 of this session is hereby amended to read as follows:
Sec. 13. NRS 279.676 is hereby amended to read as follows:
279.676 1. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment area each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment area on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the redevelopment area on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.
(b) Except as otherwise provided in paragraphs (c) and (d) [,] and section 3 of this act, that portion of the levied taxes each year in excess of the amount set forth in paragraph (a) must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the costs of redevelopment and to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, redevelopment. Unless the total assessed valuation of the taxable property in a redevelopment area exceeds the total assessed value of the taxable property in the redevelopment area as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies. When the redevelopment plan is terminated pursuant to the provisions of NRS 279.438 and 278.439 and all loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a tax rate levied by a taxing agency to produce revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the debt service fund of that taxing agency.
(d) That portion of the taxes in excess of the amount set forth in paragraph (a) that is attributable to a new or increased tax rate levied by a taxing agency and was approved by the voters of the taxing agency on or after November 5, 1996, must be allocated to and when collected must be paid into the appropriate fund of the taxing agency.
2. Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency must not exceed:
(a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.
(b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality.
If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the redevelopment agency has more than one redevelopment area, the redevelopment agency shall determine the allocation to each area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.
3. The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.
Sec. 14. Section 14 of Senate Bill No. 414 of this session is hereby amended to read as follows:
Sec. 14. NRS 354.59811 is hereby amended to read as follows:
354.59811
Except as otherwise provided in NRS 350.087, 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425 and 543.600, and section 3 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as a general or medium-term obligation of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:
1. The rate must be set so that when applied to the current fiscal year's assessed valuation of all property which was on the preceding fiscal year's assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.
2. This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.
Sec. 15. The amendatory provisions of section 6 of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a redevelopment agency, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 16. 1. NRS 279.010, 279.020, 279.030, 279.040, 279.050, 279.060, 279.070, 279.080, 279.090, 279.100, 279.110, 279.120, 279.130, 279.140, 279.150, 279.160, 279.170, 279.180, 279.190, 279.200, 279.210, 279.220, 279.230, 279.240, 279.250, 279.260, 279.270, 279.280, 279.285, 279.290, 279.300, 279.310, 279.311, 279.312, 279.313, 279.314, 279.315, 279.316, 279.317, 279.318, 279.320, 279.330, 279.340, 279.350, 279.360, 279.370, 279.380, 279.677, 361B.010, 361B.020, 361B.030, 361B.040, 361B.050, 361B.060, 361B.070, 361B.080, 361B.090, 361B.100, 361B.110, 361B.120, 361B.130, 361B.140, 361B.150, 361B.160, 361B.170, 361B.180, 361B.190, 361B.200, 361B.210, 361B.220, 361B.230, 361B.240, 361B.250, 361B.270, 361B.280, 361B.285, 361B.290, 361B.300, 361B.305 and 361B.310 are hereby repealed.
2. NRS 361B.260 is hereby repealed.
Sec. 17. 1. This section and sections 1 to 15, inclusive, and subsection 1 of section 16 of this act become effective on June 30, 1997.
2. Subsection 2 of section 16 of this act becomes effective at 12:01 a.m. on July 1, 1997.
LEADLINES OF REPEALED SECTIONS
279.010 Short title.
279.020 Definitions.
279.030 "Agency" and "urban renewal agency" defined.
279.040 "Area of operation" defined.
279.050 "Blighted area" defined.
279.060 "Board" and "commission" defined.
279.070 "Bonds" defined.
279.080 "Clerk" defined.
279.090 "Federal Government" defined.
279.100 "Housing authority" defined.
279.110 "Local governing body" defined.
279.120 "Mayor" defined.
279.130 "Municipality" defined.
279.140 "Obligee" defined.
279.150 "Person" defined.
279.160 "Public body" defined.
279.170 "Public officer" defined.
279.180 "Real property" defined.
279.190 "Slum area" defined.
279.200 "Urban renewal area" defined.
279.210 "Urban renewal plan" defined.
279.220 "Urban renewal project" defined.
279.230 Findings and declarations.
279.240 Encouragement of private enterprise.
279.250 Workable program.
279.260 Finding of necessity by local governing body.
279.270 Preparation and tentative approval of urban renewal projects and plans; submission to voters; determinations of governing body required for acquisition of open land; modification of plan; exceptions.
279.280 Powers of municipality.
279.285 Applicability of provisions governing payment of prevailing wage for public works projects.
279.290 Eminent domain.
279.300 Disposal or retention of property in urban renewal area: Procedures; conditions; temporary operation and maintenance of property.
279.310 Issuance of bonds.
279.311 Special proceeding to determine validity of renewal plan and bonds.
279.312 Petition for special proceeding in rem: Form; contents.
279.313 Judgment; jurisdiction; publication of court's order.
279.314 Delivery of order by mail to person affected.
279.315 Appearance of persons interested or affected; answer; motion to dismiss; similar proceedings may be enjoined or consolidated.
279.316 Applicability of Nevada Rules of Civil Procedure and Rules of Appellate Procedure; time limited for contest of agency's determinations.
279.317 Relief from judgment; new trial; appeal.
279.318 Effect of judgment.
279.320 Bonds as legal investments.
279.330 Property exempt from taxes and from levy and sale by virtue of an execution.
279.340 Powers of public body.
279.350 Title of purchaser.
279.360 Exercise of powers in carrying out urban renewal project.
279.370 Urban renewal agency.
279.380 Interested public officials, commissioners or employees.
279.677Merger with tax increment area.
361B.010Definitions.
361B.020"Clerk" defined.
361B.030"Cost of the undertaking" defined.
361B.040"County" defined.
361B.050"Engineer" defined.
361B.060"Facilities" defined.
361B.070"Governing body" defined.
361B.080"Mailed notice" and "notice by mail" defined.
361B.090"Municipality" defined.
361B.100"Newspaper" defined.
361B.110"Posting" defined.
361B.120"Publication" or "publish" defined.
361B.130"Tax increment account" defined.
361B.140"Tax increment area" defined.
361B.150"Undertaking" defined.
361B.160Applicability.
361B.170Designation of tax increment area; limitations.
361B.180Contemplation of undertaking: Resolution by governing body; duties of engineer; provisional order.
361B.190Hearing on proposed undertaking; notice; limitations on changes after notice.
361B.200Mailing of notices; lists of persons; verification of mailing.
361B.210Posting of notices; verification of posting.
361B.220Publication of notices.
361B.230Hearing on proposed undertaking: Decision of governing body to modify or disapprove; procedure.
361B.240Action by governing body to order undertaking and create tax increment account; duties of engineer regarding modifications.
361B.250Supplemental ordinance; notice; hearing; separate computation of allocation of taxes to additional area.
361B.260Allocation of taxes; limitation on revenue paid to tax increment area; continuation of payments for existing indebtedness.
361B.270Limitation on actions challenging determination of governing body.
361B.280Issuance of securities; application of debt limitations; exceptions; pledge of revenue to retire debt.
361B.285Period after which indebtedness not to be incurred; maturity and payment of securities.
361B.290Power of municipality to accept money, enter into contracts and consult with others.
361B.300Acquisition of facilities and other property; limitations.
361B.305Expiration of tax increment area.
361B.310Extent of powers granted by chapter.