Assembly Bill No. 553–Assemblyman Parks

March 15, 1999

____________

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.

~

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 transportation; providing in skeleton form for the distribution of the revenue from certain taxes to the regional transportation commission; requiring the creation of a regional transportation commission in certain counties; 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 371.045 is hereby amended to read as follows:

1-2 371.045 1. A board of county commissioners may by ordinance, but

1-3 not as in a case of emergency, after receiving the approval of a majority of

1-4 the registered voters voting on the question at a primary, general or special

1-5 election, impose a supplemental privilege tax of not more than 1 cent on

1-6 each $1 of valuation of the vehicle for the privilege of operating upon the

1-7 public streets, roads and highways of the county on each vehicle based in

1-8 the county except:

1-9 (a) A vehicle exempt from the motor vehicle privilege tax pursuant to

1-10 this chapter; or

1-11 (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is

1-12 engaged in interstate or intercounty operations.

1-13 2. A county may combine this question with questions submitted

1-14 pursuant to NRS 244.3351, 278.710, 365.203 or 377A.020, or any

1-15 combination thereof.

1-16 3. A special election may be held only if the board of county

1-17 commissioners determines, by a unanimous vote, that an emergency exists.

1-18 The determination made by the board is conclusive unless it is shown that

2-1 the board acted with fraud or a gross abuse of discretion. An action to

2-2 challenge the determination made by the board must be commenced within

2-3 15 days after the board’s determination is final. As used in this subsection,

2-4 "emergency" means any unexpected occurrence or combination of

2-5 occurrences which requires immediate action by the board of county

2-6 commissioners to prevent or mitigate a substantial financial loss to the

2-7 county or to enable the board to provide an essential service to the

2-8 residents of the county.

2-9 4. Collection of the tax imposed pursuant to this section must not

2-10 commence earlier than the first day of the second calendar month after

2-11 adoption of the ordinance imposing the tax.

2-12 5. Except as otherwise provided in [subsection 6 and] NRS 371.047,

2-13 the regional transportation commission or, if the county does not have a

2-14 regional transportation commission, the county shall use the proceeds of

2-15 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 used

2-18 primarily for vehicular traffic, including, without limitation, overpass

2-19 projects, street projects or underpass projects, as defined in NRS

2-20 244A.037, 244A.053 and 244A.055, within the boundaries of the county

2-21 or within 1 mile outside those boundaries if the board of county

2-22 commissioners finds that such projects outside the boundaries of the

2-23 county will facilitate transportation within the county;

2-24 (b) Payment of principal and interest on notes, bonds or other

2-25 obligations incurred to fund projects described in paragraph (a); or

2-26 (c) Any combination of those uses.

2-27 6. [The county may expend the proceeds of the supplemental privilege

2-28 tax authorized by this section and NRS 371.047, or any borrowing in

2-29 anticipation of that tax, pursuant to an interlocal agreement between the

2-30 county and the regional transportation commission of the county with

2-31 respect to the projects to be financed with the proceeds of the tax.

2-32 7.] As used in this section, "based" has the meaning ascribed to it in

2-33 NRS 482.011.

2-34 Sec. 2. NRS 373.030 is hereby amended to read as follows:

2-35 373.030 1. [In] Except as otherwise provided in subsection 2, in any

2-36 county for all or part of which a streets and highways plan has been

2-37 adopted as a part of the master plan by the county or regional planning

2-38 commission pursuant to NRS 278.150, the board may by ordinance:

2-39 (a) Create a regional transportation commission; and

2-40 (b) Impose a tax on motor vehicle fuel, except aviation fuel and leaded

2-41 racing fuel, sold in the county in an amount not to exceed 9 cents per

2-42 gallon.

3-1 2. In a county whose population is 400,000 or more, the board shall

3-2 by ordinance:

3-3 (a) Create a regional transportation commission; and

3-4 (b) Impose a tax on motor vehicle fuel, except aviation fuel and leaded

3-5 racing fuel, sold in the county in an amount not to exceed 9 cents per

3-6 gallon.

3-7 3. A tax imposed pursuant to this section is in addition to other motor

3-8 vehicle fuel taxes imposed pursuant to the provisions of chapter 365 of

3-9 NRS.

3-10 [3.] 4. As used in this section:

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 lead

3-13 and is produced for motor vehicles that are designed and built for racing

3-14 and not for operation on a public highway.

3-15 Sec. 3. NRS 373.080 is hereby amended to read as follows:

3-16 373.080 All motor vehicle fuel taxes collected during any month by

3-17 the department pursuant to contract with any county [shall] must be

3-18 transmitted each month by the department to [such county and] the

3-19 commission or, if the county does not have a commission, to the county.

3-20 The department shall charge the commission or county for the

3-21 department’s services specified in this section and in NRS 373.070 such

3-22 amount as will reimburse the department for the cost to it of rendering the

3-23 services.

3-24 Sec. 4. NRS 373.119 is hereby amended to read as follows:

3-25 373.119 1. Except to the extent pledged before July 1, 1985, the

3-26 commission or, if the county does not have a commission, the board of

3-27 county commissioners may use that portion of the revenue collected

3-28 pursuant to the provisions of this chapter that represents collections from

3-29 the sale of fuel for use in boats at marinas in the county to make capital

3-30 improvements or to conduct programs to encourage safety in boating. If

3-31 the county does not control a body of water, where an improvement or

3-32 program is appropriate, the commission or, if the county does not have a

3-33 commission, the board of county commissioners may contract with an

3-34 appropriate person or governmental organization for the improvement or

3-35 program.

3-36 2. Each marina shall report monthly to the department the number of

3-37 gallons of motor vehicle fuel sold for use in boats. The report must be

3-38 made on or before the 25th day of each month for sales during the

3-39 preceding month.

3-40 Sec. 5. NRS 244.3351 is hereby amended to read as follows:

3-41 244.3351 1. Except as otherwise provided in subsection 2 of NRS

3-42 244.3359, in addition to all other taxes imposed on the revenue from the

3-43 rental of transient lodging, a board of county commissioners may by

4-1 ordinance, but not as in a case of emergency, impose a tax at the rate of 1

4-2 percent of the gross receipts from the rental of transient lodging pursuant

4-3 to either paragraph (a) or (b) as follows:

4-4 (a) After receiving the approval of a majority of the registered voters of

4-5 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 the

4-7 county, including its incorporated cities, upon all persons in the business of

4-8 providing lodging. The question may be combined with a question

4-9 submitted pursuant to NRS 278.710, 365.203, 371.045 or 377A.020, or

4-10 any combination thereof.

4-11 (b) After receiving the approval of a majority of the registered voters

4-12 who reside within the boundaries of a transportation district created

4-13 pursuant to NRS 244A.252, voting on the question at a special, primary or

4-14 general district election, the board of county commissioners may impose

4-15 the tax within the boundaries of the transportation district upon all persons

4-16 in the business of providing lodging. The question may be combined with

4-17 a question submitted pursuant to NRS 278.710.

4-18 2. A special election may be held only if the board of county

4-19 commissioners determines, by a unanimous vote, that an emergency exists.

4-20 The determination made by the board of county commissioners is

4-21 conclusive unless it is shown that the board acted with fraud or a gross

4-22 abuse of discretion. An action to challenge the determination made by the

4-23 board must be commenced within 15 days after the board’s determination

4-24 is final. As used in this subsection, "emergency" means any unexpected

4-25 occurrence or combination of occurrences which requires immediate action

4-26 by the board of county commissioners to prevent or mitigate a substantial

4-27 financial loss to the county or to enable the board to provide an essential

4-28 service to the residents of the county.

4-29 3. The ordinance imposing the tax must include all the matters

4-30 required by NRS 244.3352 for the mandatory tax, must be administered in

4-31 the same manner, and imposes the same liabilities, except:

4-32 (a) Collection of the tax imposed pursuant to this section must not

4-33 commence earlier than the first day of the second calendar month after

4-34 adoption of the ordinance imposing the tax; and

4-35 (b) The governmental entity collecting the tax must transfer all

4-36 collections to the regional transportation commission or, if the county

4-37 does not have a regional transportation commission, the county and may

4-38 not retain any part of the tax as a collection or administrative fee.

~