Nevada § 360.690 - Establishment of base monthly allocations from Account; remission of allocations to local governments; estimates of allocations for future year for use in preparation of budgets

§ 360.690. Establishment of base monthly allocations from Account; remission of allocations to local governments; estimates of allocations for future year for use in preparation of budgets

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 7, 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 or she shall prorate

the money in the county's subaccount and allocate to each local government and special

district an amount equal to its proportionate percentage of the total amount of the

base monthly allocations determined pursuant to subsection 2 for all local governments

and special districts within the county. The State Treasurer shall remit that amount to the local government or special district. 4. Except as otherwise provided in subsections 6 and 7, for a county whose population

is 100,000 or more, 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 or she 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 0.02 plus the sum of: (I) The average percentage of change in the population of the local government over

the 5 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 8; and (II) The greater of zero or the 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,

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, except that if the figure calculated

pursuant to subparagraph (1) is less than zero, that figure must be treated as being

zero for purposes of determining the allocation pursuant to this subparagraph; 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 0.02 plus the greater of zero or 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 year in which the allocation is made, as projected by the Department,

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 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. The State Treasurer shall remit the amount allocated to each local government or special

district pursuant to this subsection. 5. Except as otherwise provided in subsection 7, for a county whose population is

less than 100,000, 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, the Executive Director 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 1 plus the sum of the: (I) Average percentage of change in the population of the local government over the

5 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 8; 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, 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 1 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 year in which the allocation is made, as projected by the Department, 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 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. The State Treasurer shall remit the amount allocated to each local government or special

district pursuant to this subsection. 6. Except as otherwise provided in subsection 7, 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 in a county whose

population is 100,000 or more, and if the calculations performed pursuant to paragraph

(a) of subsection 4 require the use of zero for each local government, the Executive

Director shall allocate to each local government and special district an amount equal

to its proportionate percentage of the total amount of the base monthly allocations

determined pursuant to subsection 2 for all local governments and special districts

within the county. The State Treasurer shall remit the amount allocated to each local government or

special district pursuant to this subsection. 7. The Executive Director shall not allocate any amount to a local government or special

district pursuant to subsection 4, 5 or 6 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 or she 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. If the Executive Director determines that the amount determined pursuant to paragraph

(a) is greater, he or she 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 or she 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, 5 or 6, as appropriate. 8. The percentage changes in population calculated pursuant to subsections 4 and 5

must, 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. 9. 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. 10. 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. 11. A local government, special district or enterprise district may use the estimate

provided by the Executive Director pursuant to subsection 10 in the preparation of

its budget.