Assembly Bill No. 553–Assemblyman Parks
March 15, 1999
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Referred to Committee on Transportation
SUMMARY—Revises provisions relating to regional transportation commissions. (BDR 32-1572)
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:
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Section 1. NRS 371.045 is hereby amended to read as follows: 371.045 1. A board of county commissioners may by ordinance, but1-3
not as in a case of emergency, after receiving the approval of a majority of1-4
the registered voters voting on the question at a primary, general or special1-5
election, impose a supplemental privilege tax of not more than 1 cent on1-6
each $1 of valuation of the vehicle for the privilege of operating upon the1-7
public streets, roads and highways of the county on each vehicle based in1-8
the county except:1-9
(a) A vehicle exempt from the motor vehicle privilege tax pursuant to1-10
this chapter; or1-11
(b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is1-12
engaged in interstate or intercounty operations.1-13
2. A county may combine this question with questions submitted1-14
pursuant to NRS 244.3351, 278.710, 365.203 or 377A.020, or any1-15
combination thereof.1-16
3. A special election may be held only if the board of county1-17
commissioners determines, by a unanimous vote, that an emergency exists.1-18
The determination made by the board is conclusive unless it is shown that2-1
the board acted with fraud or a gross abuse of discretion. An action to2-2
challenge the determination made by the board must be commenced within2-3
15 days after the board’s determination is final. As used in this subsection,2-4
"emergency" means any unexpected occurrence or combination of2-5
occurrences which requires immediate action by the board of county2-6
commissioners to prevent or mitigate a substantial financial loss to the2-7
county or to enable the board to provide an essential service to the2-8
residents of the county.2-9
4. Collection of the tax imposed pursuant to this section must not2-10
commence earlier than the first day of the second calendar month after2-11
adoption of the ordinance imposing the tax.2-12
5. Except as otherwise provided in2-13
the regional transportation commission or, if the county does not have a2-14
regional transportation commission, the county shall use the proceeds of2-15
the tax to pay the cost of:2-16
(a) Projects related to the construction and maintenance of sidewalks,2-17
streets, avenues, boulevards, highways and other public rights of way used2-18
primarily for vehicular traffic, including, without limitation, overpass2-19
projects, street projects or underpass projects, as defined in NRS2-20
244A.037, 244A.053 and 244A.055, within the boundaries of the county2-21
or within 1 mile outside those boundaries if the board of county2-22
commissioners finds that such projects outside the boundaries of the2-23
county will facilitate transportation within the county;2-24
(b) Payment of principal and interest on notes, bonds or other2-25
obligations incurred to fund projects described in paragraph (a); or2-26
(c) Any combination of those uses.2-27
6.2-28
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2-30
2-31
2-32
2-33
NRS 482.011.2-34
Sec. 2. NRS 373.030 is hereby amended to read as follows: 373.030 1.2-36
county for all or part of which a streets and highways plan has been2-37
adopted as a part of the master plan by the county or regional planning2-38
commission pursuant to NRS 278.150, the board may by ordinance:2-39
(a) Create a regional transportation commission; and2-40
(b) Impose a tax on motor vehicle fuel, except aviation fuel and leaded2-41
racing fuel, sold in the county in an amount not to exceed 9 cents per2-42
gallon.3-1
2. In a county whose population is 400,000 or more, the board shall3-2
by ordinance:3-3
(a) Create a regional transportation commission; and3-4
(b) Impose a tax on motor vehicle fuel, except aviation fuel and leaded3-5
racing fuel, sold in the county in an amount not to exceed 9 cents per3-6
gallon.3-7
3. A tax imposed pursuant to this section is in addition to other motor3-8
vehicle fuel taxes imposed pursuant to the provisions of chapter 365 of3-9
NRS.3-10
3-11
(a) "Aviation fuel" has the meaning ascribed to it in NRS 365.015.3-12
(b) "Leaded racing fuel" means motor vehicle fuel that contains lead3-13
and is produced for motor vehicles that are designed and built for racing3-14
and not for operation on a public highway.3-15
Sec. 3. NRS 373.080 is hereby amended to read as follows: 373.080 All motor vehicle fuel taxes collected during any month by3-17
the department pursuant to contract with any county3-18
transmitted each month by the department to3-19
commission or, if the county does not have a commission, to the county.3-20
The department shall charge the commission or county for the3-21
department’s services specified in this section and in NRS 373.070 such3-22
amount as will reimburse the department for the cost to it of rendering the3-23
services.3-24
Sec. 4. NRS 373.119 is hereby amended to read as follows: 373.119 1. Except to the extent pledged before July 1, 1985, the3-26
commission or, if the county does not have a commission, the board of3-27
county commissioners may use that portion of the revenue collected3-28
pursuant to the provisions of this chapter that represents collections from3-29
the sale of fuel for use in boats at marinas in the county to make capital3-30
improvements or to conduct programs to encourage safety in boating. If3-31
the county does not control a body of water, where an improvement or3-32
program is appropriate, the commission or, if the county does not have a3-33
commission, the board of county commissioners may contract with an3-34
appropriate person or governmental organization for the improvement or3-35
program.3-36
2. Each marina shall report monthly to the department the number of3-37
gallons of motor vehicle fuel sold for use in boats. The report must be3-38
made on or before the 25th day of each month for sales during the3-39
preceding month.3-40
Sec. 5. NRS 244.3351 is hereby amended to read as follows: 244.3351 1. Except as otherwise provided in subsection 2 of NRS3-42
244.3359, in addition to all other taxes imposed on the revenue from the3-43
rental of transient lodging, a board of county commissioners may by4-1
ordinance, but not as in a case of emergency, impose a tax at the rate of 14-2
percent of the gross receipts from the rental of transient lodging pursuant4-3
to either paragraph (a) or (b) as follows:4-4
(a) After receiving the approval of a majority of the registered voters of4-5
the county voting on the question at a special, primary or general election,4-6
the board of county commissioners may impose the tax throughout the4-7
county, including its incorporated cities, upon all persons in the business of4-8
providing lodging. The question may be combined with a question4-9
submitted pursuant to NRS 278.710, 365.203, 371.045 or 377A.020, or4-10
any combination thereof.4-11
(b) After receiving the approval of a majority of the registered voters4-12
who reside within the boundaries of a transportation district created4-13
pursuant to NRS 244A.252, voting on the question at a special, primary or4-14
general district election, the board of county commissioners may impose4-15
the tax within the boundaries of the transportation district upon all persons4-16
in the business of providing lodging. The question may be combined with4-17
a question submitted pursuant to NRS 278.710.4-18
2. A special election may be held only if the board of county4-19
commissioners determines, by a unanimous vote, that an emergency exists.4-20
The determination made by the board of county commissioners is4-21
conclusive unless it is shown that the board acted with fraud or a gross4-22
abuse of discretion. An action to challenge the determination made by the4-23
board must be commenced within 15 days after the board’s determination4-24
is final. As used in this subsection, "emergency" means any unexpected4-25
occurrence or combination of occurrences which requires immediate action4-26
by the board of county commissioners to prevent or mitigate a substantial4-27
financial loss to the county or to enable the board to provide an essential4-28
service to the residents of the county.4-29
3. The ordinance imposing the tax must include all the matters4-30
required by NRS 244.3352 for the mandatory tax, must be administered in4-31
the same manner, and imposes the same liabilities, except:4-32
(a) Collection of the tax imposed pursuant to this section must not4-33
commence earlier than the first day of the second calendar month after4-34
adoption of the ordinance imposing the tax; and4-35
(b) The governmental entity collecting the tax must transfer all4-36
collections to the regional transportation commission or, if the county4-37
does not have a regional transportation commission, the county and may4-38
not retain any part of the tax as a collection or administrative fee.~