Assembly Bill No. 504–Assemblyman Hettrick
March 12, 1999
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Joint Sponsor: Senator Jacobsen
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Referred to Committee on Taxation
SUMMARY—Authorizes additional counties to impose taxes for development of open-space land. (BDR 32-1557)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 375.025 is hereby amended to read as follows: 375.025 1. In addition to all other taxes imposed on transfers of real1-3
property, a board of county commissioners in each county whose1-4
population is1-5
ordinance, but not as in a case of emergency, impose a tax at the rate of up1-6
to 1/10 of 1 percent of the value thereof on each deed by which any1-7
residential lands, tenements or other residential realty is granted, assigned,1-8
transferred or otherwise conveyed to or vested in another person, after1-9
receiving the approval of a majority of the registered voters of the county1-10
voting on the question at a primary, general or special election. A county1-11
may combine this question with questions submitted pursuant to NRS1-12
376A.040, 376A.050 and 376A.070 or any combination thereof.1-13
2. A special election may be held only if the board of county1-14
commissioners determines, by a unanimous vote, that an emergency exists.1-15
The determination made by the board is conclusive unless it is shown that1-16
the board acted with fraud or a gross abuse of discretion. An action to2-1
challenge the determination made by the board must be commenced within2-2
15 days after the board’s determination is final. As used in this subsection,2-3
"emergency" means any unexpected occurrence or combination of2-4
occurrences which requires immediate action by the board of county2-5
commissioners to prevent or mitigate a substantial financial loss to the2-6
county or to enable the board to provide an essential service to the residents2-7
of the county.2-8
3. The amount of the tax must be computed on the basis of the value of2-9
the transferred property as declared pursuant to NRS 375.060. The county2-10
recorder shall collect the tax in the manner provided in NRS 375.030,2-11
except that he shall deposit all of the proceeds from the tax imposed2-12
pursuant to this section in the county general fund to be used in the manner2-13
specified in NRS 375.075.2-14
4. Before the tax may be imposed, an open-space plan must be adopted2-15
by the board of county commissioners pursuant to NRS 376A.020 and the2-16
adopted open-space plan must be endorsed by the city council of each2-17
incorporated city within the county. Sec. 2. NRS 376A.020 is hereby amended to read as follows: 376A.020 1. The board of county commissioners of a county whose2-20
population is2-21
open-space plan. If an open-space plan is adopted, the plan must provide2-22
for:2-23
(a) The development and use of open-space land for a period of 202-24
years;2-25
(b) The financing for the acquisition of open-space land; and2-26
(c) The maintenance of open-space land acquired pursuant to the open-2-27
space plan and the maintenance of any existing open-space land in the2-28
county.2-29
2. Before the board of county commissioners adopts the open-space2-30
plan, the open-space plan must be found by the governing board for2-31
regional planning to be in conformance with the comprehensive regional2-32
plan adopted pursuant to NRS 278.0282.2-33
3. Before the open-space plan is adopted, the board of county2-34
commissioners shall:2-35
(a) Send a copy of the open-space plan to the city council of each2-36
incorporated city within the county and request that the city council review2-37
and comment on the open-space plan within 60 days after receipt of the2-38
open-space plan; and2-39
(b) Consider and respond to any comments provided by a city council2-40
that are received by the board of county commissioners within 90 days after2-41
sending the open-space plan to the city council.3-1
Sec. 3. NRS 376A.040 is hereby amended to read as follows: 376A.040 1. In addition to all other taxes imposed on the revenues3-3
from retail sales, a board of county commissioners of a county whose3-4
population is3-5
ordinance, but not as in a case of emergency, impose a tax at the rate of up3-6
to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all3-7
tangible personal property sold at retail, or stored, used or otherwise3-8
consumed in the county, after receiving the approval of a majority of the3-9
registered voters of the county voting on the question at a primary, general3-10
or special election. The question may be combined with questions3-11
submitted pursuant to NRS 375.025, 376A.050 and 376A.070 or any3-12
combination thereof.3-13
2. If a county imposes a sales tax pursuant to this section and NRS3-14
376A.050, the combined additional sales tax must not exceed 1/4 of 13-15
percent. A tax imposed pursuant to this section applies throughout the3-16
county, including incorporated cities in the county.3-17
3. Before the election may occur, an open-space plan must be adopted3-18
by the board of county commissioners pursuant to NRS 376A.020 and the3-19
adopted open-space plan must be endorsed by resolution by the city council3-20
of each incorporated city within the county.3-21
4. All fees, taxes, interest and penalties imposed and all amounts of tax3-22
required to be paid pursuant to this section must be paid to the department3-23
of taxation in the form of remittances payable to the department of taxation.3-24
The department of taxation shall deposit the payments with the state3-25
treasurer for credit to the sales and use tax account in the state general fund.3-26
The state controller, acting upon the collection data furnished by the3-27
department of taxation, shall transfer monthly all fees, taxes, interest and3-28
penalties collected during the preceding month to the intergovernmental3-29
fund and remit the money to the county treasurer.3-30
5. The money received from the tax imposed pursuant to subsection 43-31
must be retained by the county, or remitted to a city or general3-32
improvement district in the county. The money received by a county, city3-33
or general improvement district pursuant to this section must only be used3-34
to pay the cost of:3-35
(a) The acquisition of land in fee simple for development and use as3-36
open-space land;3-37
(b) The acquisition of the development rights of land identified as open-3-38
space land;3-39
(c) The creation of a trust fund for the acquisition of land or3-40
development rights of land pursuant to paragraphs (a) and (b);3-41
(d) The principal and interest on notes, bonds or other obligations issued3-42
by the county, city or general improvement district for the acquisition of3-43
land or development rights of land pursuant to paragraphs (a) and (b); or4-1
(e) Any combination of the uses set forth in paragraphs (a) to (d),4-2
inclusive.4-3
6. The money received from the tax imposed pursuant to this section4-4
and any applicable penalty or interest must not be used for any4-5
neighborhood or community park or facility.4-6
7. Any money used for the purposes described in this section must be4-7
used in a manner:4-8
(a) That is consistent with the provisions of the open-space plan adopted4-9
pursuant to NRS 376A.020; and4-10
(b) That provides an equitable allocation of the money among the4-11
county and the incorporated cities within the county.4-12
Sec. 4. NRS 376A.050 is hereby amended to read as follows: 376A.050 1. Except as otherwise provided in subsection 2, in4-14
addition to all other taxes imposed on the revenues from retail sales, a4-15
board of county commissioners in each county whose population is4-16
4-17
a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the4-18
gross receipts of any retailer from the sale of all tangible personal property4-19
sold at retail, or stored, used or otherwise consumed in the county, after4-20
receiving the approval of a majority of the registered voters of the county4-21
voting on the question at a primary, general or special election. The4-22
question may be combined with questions submitted pursuant to NRS4-23
375.025, 376A.040 and 376A.070 or any combination thereof.4-24
2. If a county imposes a sales tax pursuant to this section and NRS4-25
376A.040, the combined additional sales tax must not exceed 1/4 of 14-26
percent. A tax imposed pursuant to this section applies throughout the4-27
county, including incorporated cities in the county.4-28
3. Before the election occurs, an open-space plan must be adopted by4-29
the board of county commissioners pursuant to NRS 376A.020 and the4-30
adopted open-space plan must be endorsed by resolution by the city council4-31
of each incorporated city in the county.4-32
4. All fees, taxes, interest and penalties imposed and all amounts of tax4-33
required to be paid pursuant to this section must be paid to the department4-34
of taxation in the form of remittances payable to the department of taxation.4-35
The department of taxation shall deposit the payments with the state4-36
treasurer for credit to the sales and use tax account in the state general fund.4-37
The state controller, acting upon the collection data furnished by the4-38
department of taxation, shall transfer monthly all fees, taxes, interest and4-39
penalties collected during the preceding month to the intergovernmental4-40
fund and remit the money to the county treasurer.4-41
Sec. 5. NRS 376A.070 is hereby amended to read as follows: 376A.070 1. The board of county commissioners in a county whose4-43
population is5-1
valorem tax at the rate of up to 1 cent on each $100 of assessed valuation5-2
upon all taxable property in the county after receiving the approval of a5-3
majority of the registered voters of the county voting on the question at a5-4
primary, general or special election. The question may be combined with5-5
questions submitted pursuant to NRS 375.025, 376A.040 and 376A.050 or5-6
any combination thereof. A tax imposed pursuant to this section applies5-7
throughout the county, including incorporated cities in the county.5-8
2. The department of taxation shall add an amount equal to the rate of5-9
any tax imposed pursuant to this section multiplied by the total assessed5-10
valuation of the county to the allowed revenue from taxes ad valorem of the5-11
county.5-12
3. Before the tax is imposed, an open-space plan must be adopted by5-13
the board of county commissioners pursuant to NRS 376A.020 and the5-14
adopted open-space plan must be endorsed by resolution by the city council5-15
of each incorporated city within the county.5-16
Sec. 6. The amendatory provisions of this act expire by limitation on5-17
October 1, 2029.~