Assembly Bill No. 571–Assemblyman Mortenson

March 15, 1999

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Referred to Committee on Taxation

 

SUMMARY—Increases tax on transient lodging in largest county. (BDR 20-1344)

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 [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 taxation of receipts from transient lodging; increasing the rate of tax in certain counties; providing for the use of the additional revenue; 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. Chapter 244 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 In a county whose population is 400,000 or more, one-half of the

1-4 proceeds of the tax imposed pursuant to NRS 244.3352, and any

1-5 applicable penalty or interest, must be used pursuant to a county-wide

1-6 community budget, established by the board of county commissioners, for

1-7 the capital construction of parks, recreational facilities, museums, other

1-8 cultural facilities, and similar projects, or as matching funds for federal

1-9 grants for hiking trails, bicycle paths, open spaces or other recreational

1-10 purposes, all of which must be designed to serve the permanent residents

1-11 of the county.

1-12 Sec. 2. NRS 244.3352 is hereby amended to read as follows:

1-13 244.3352 1. The board of county commissioners:

1-14 (a) In a county whose population is 400,000 or more, shall impose a tax

1-15 at a rate of [2] 4 percent; and

1-16 (b) In a county whose population is less than 400,000, shall impose a

1-17 tax at the rate of 1 percent,

1-18 of the gross receipts from the rental of transient lodging in that county

1-19 upon all persons in the business of providing lodging. This tax must be

1-20 imposed by the board of county commissioners in each county, regardless

2-1 of the existence or nonexistence of any other license fee or tax imposed on

2-2 the revenues from the rental of transient lodging. The ordinance imposing

2-3 the tax must include a schedule for the payment of the tax and the

2-4 provisions of subsection 4.

2-5 2. The tax imposed pursuant to subsection 1 must be collected and

2-6 administered pursuant to NRS 244.335.

2-7 3. The tax imposed pursuant to subsection 1 may be collected from the

2-8 paying guests and may be shown as an addition to the charge for the rental

2-9 of transient lodging. The person providing the transient lodging is liable to

2-10 the county for the tax whether or not it is actually collected from the

2-11 paying guest.

2-12 4. If the tax imposed pursuant to subsection 1 is not paid within the

2-13 time set forth in the schedule for payment, the county shall charge and

2-14 collect in addition to the tax:

2-15 (a) A penalty of not more than 10 percent of the amount due, exclusive

2-16 of interest, or an administrative fee established by the board of county

2-17 commissioners, whichever is greater; and

2-18 (b) Interest on the amount due at the rate of not more than 1.5 percent

2-19 per month or fraction thereof from the date on which the tax became due

2-20 until the date of payment.

2-21 5. As used in this section, "gross receipts from the rental of transient

2-22 lodging" does not include the tax imposed and collected from paying

2-23 guests pursuant to this section or NRS 268.096.

2-24 Sec. 3. NRS 244.3354 is hereby amended to read as follows:

2-25 244.3354 The proceeds of the tax imposed pursuant to NRS 244.3352

2-26 and any applicable penalty or interest must be distributed as follows:

2-27 1. In a county whose population is 400,000 or more:

2-28 (a) [Three-eighths of the first 1 percent] Three thirty-seconds of the

2-29 proceeds must be paid to the department of taxation for deposit with the

2-30 state treasurer for credit to the fund for the promotion of tourism.

2-31 (b) [The remaining] Thirteen thirty-seconds of the proceeds must be

2-32 transmitted to the county treasurer for deposit in the county school

2-33 district’s fund for capital projects established pursuant to NRS 387.328, to

2-34 be held and expended in the same manner as other money deposited in that

2-35 fund.

2-36 (c) One-half of the proceeds must be used pursuant to section 1 of this

2-37 act.

2-38 2. In a county whose population is less than 400,000:

2-39 (a) Three-eighths must be paid to the department of taxation for deposit

2-40 with the state treasurer for credit to the fund for the promotion of tourism.

2-41 (b) Five-eighths must be deposited with the county fair and recreation

2-42 board created pursuant to NRS 244A.599 or, if no such board is created,

2-43 with the board of county commissioners, to be used to advertise the

3-1 resources of that county related to tourism, including available

3-2 accommodations, transportation, entertainment, natural resources and

3-3 climate, and to promote special events related thereto.

3-4 Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a

3-5 new section to read as follows:

3-6 In a county whose population is 400,000 or more, one-half of the

3-7 proceeds of the tax imposed pursuant to NRS 268.096, and any

3-8 applicable penalty or interest, must be used pursuant to a county-wide

3-9 community budget, established by the board of county commissioners, for

3-10 the capital construction of parks, recreational facilities, museums, other

3-11 cultural facilities, and similar projects, or as matching funds for federal

3-12 grants for hiking trails, bicycle paths, open spaces or other recreational

3-13 purposes, all of which must be designed to serve the permanent residents

3-14 of the county.

3-15 Sec. 5. NRS 268.096 is hereby amended to read as follows:

3-16 268.096 1. The city council or other governing body of each

3-17 incorporated city:

3-18 (a) In a county whose population is 400,000 or more, shall impose a tax

3-19 at a rate of [2] 4 percent; and

3-20 (b) In a county whose population is less than 400,000, shall impose a

3-21 tax at the rate of 1 percent,

3-22 of the gross receipts from the rental of transient lodging in that city upon

3-23 all persons in the business of providing lodging. This tax must be imposed

3-24 by the city council or other governing body of each incorporated city,

3-25 regardless of the existence or nonexistence of any other license fee or tax

3-26 imposed on the revenues from the rental of transient lodging. The

3-27 ordinance imposing the tax must include a schedule for the payment of the

3-28 tax and the provisions of subsection 4.

3-29 2. The tax imposed pursuant to subsection 1 must be collected and

3-30 administered pursuant to NRS 268.095.

3-31 3. The tax imposed pursuant to subsection 1 may be collected from the

3-32 paying guests and may be shown as an addition to the charge for the rental

3-33 of transient lodging. The person providing the transient lodging is liable to

3-34 the city for the tax whether or not it is actually collected from the paying

3-35 guest.

3-36 4. If the tax imposed pursuant to subsection 1 is not paid within the

3-37 time set forth in the schedule for payment, the city shall charge and collect

3-38 in addition to the tax:

3-39 (a) A penalty of not more than 10 percent of the amount due, exclusive

3-40 of interest, or an administrative fee established by the governing body,

3-41 whichever is greater; and

4-1 (b) Interest on the amount due at the rate of not more than 1.5 percent

4-2 per month or fraction thereof from the date on which the tax became due

4-3 until the date of payment.

4-4 5. As used in this section, "gross receipts from the rental of transient

4-5 lodging" does not include the tax imposed or collected from paying guests

4-6 pursuant to this section or NRS 244.3352.

4-7 Sec. 6. NRS 268.0962 is hereby amended to read as follows:

4-8 268.0962 The proceeds of the tax imposed pursuant to NRS 268.096

4-9 and any applicable penalty or interest must be distributed as follows:

4-10 1. In a county whose population is 400,000 or more:

4-11 (a) [Three-eighths of the first 1 percent] Three thirty-seconds of the

4-12 proceeds must be paid to the department of taxation for deposit with the

4-13 state treasurer for credit to the fund for the promotion of tourism.

4-14 (b) [The remaining] Thirteen thirty-seconds of the proceeds must be

4-15 transmitted to the county treasurer for deposit in the county school

4-16 district’s fund for capital projects established pursuant to NRS 387.328, to

4-17 be held and expended in the same manner as other money deposited in that

4-18 fund.

4-19 (c) One-half of the proceeds must be used pursuant to section 4 of this

4-20 act.

4-21 2. In a county whose population is less than 400,000:

4-22 (a) Three-eighths must be paid to the department of taxation for deposit

4-23 with the state treasurer for credit to the fund for the promotion of tourism.

4-24 (b) Five-eighths must be deposited with the county fair and recreation

4-25 board created pursuant to NRS 244A.599 or, if no such board is created,

4-26 with the city council or other governing body of the incorporated city, to

4-27 be used to advertise the resources of that county or incorporated city

4-28 related to tourism, including available accommodations, transportation,

4-29 entertainment, natural resources and climate, and to promote special events

4-30 related thereto.

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