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
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 thereto1-2
a new section to read as follows:1-3
In a county whose population is 400,000 or more, one-half of the1-4
proceeds of the tax imposed pursuant to NRS 244.3352, and any1-5
applicable penalty or interest, must be used pursuant to a county-wide1-6
community budget, established by the board of county commissioners, for1-7
the capital construction of parks, recreational facilities, museums, other1-8
cultural facilities, and similar projects, or as matching funds for federal1-9
grants for hiking trails, bicycle paths, open spaces or other recreational1-10
purposes, all of which must be designed to serve the permanent residents1-11
of the county.1-12
Sec. 2. NRS 244.3352 is hereby amended to read as follows: 244.3352 1. The board of county commissioners:1-14
(a) In a county whose population is 400,000 or more, shall impose a tax1-15
at a rate of1-16
(b) In a county whose population is less than 400,000, shall impose a1-17
tax at the rate of 1 percent,1-18
of the gross receipts from the rental of transient lodging in that county1-19
upon all persons in the business of providing lodging. This tax must be1-20
imposed by the board of county commissioners in each county, regardless2-1
of the existence or nonexistence of any other license fee or tax imposed on2-2
the revenues from the rental of transient lodging. The ordinance imposing2-3
the tax must include a schedule for the payment of the tax and the2-4
provisions of subsection 4.2-5
2. The tax imposed pursuant to subsection 1 must be collected and2-6
administered pursuant to NRS 244.335.2-7
3. The tax imposed pursuant to subsection 1 may be collected from the2-8
paying guests and may be shown as an addition to the charge for the rental2-9
of transient lodging. The person providing the transient lodging is liable to2-10
the county for the tax whether or not it is actually collected from the2-11
paying guest.2-12
4. If the tax imposed pursuant to subsection 1 is not paid within the2-13
time set forth in the schedule for payment, the county shall charge and2-14
collect in addition to the tax:2-15
(a) A penalty of not more than 10 percent of the amount due, exclusive2-16
of interest, or an administrative fee established by the board of county2-17
commissioners, whichever is greater; and2-18
(b) Interest on the amount due at the rate of not more than 1.5 percent2-19
per month or fraction thereof from the date on which the tax became due2-20
until the date of payment.2-21
5. As used in this section, "gross receipts from the rental of transient2-22
lodging" does not include the tax imposed and collected from paying2-23
guests pursuant to this section or NRS 268.096.2-24
Sec. 3. NRS 244.3354 is hereby amended to read as follows: 244.3354 The proceeds of the tax imposed pursuant to NRS 244.33522-26
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)2-29
proceeds must be paid to the department of taxation for deposit with the2-30
state treasurer for credit to the fund for the promotion of tourism.2-31
(b)2-32
transmitted to the county treasurer for deposit in the county school2-33
district’s fund for capital projects established pursuant to NRS 387.328, to2-34
be held and expended in the same manner as other money deposited in that2-35
fund.2-36
(c) One-half of the proceeds must be used pursuant to section 1 of this2-37
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 deposit2-40
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 recreation2-42
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 the3-1
resources of that county related to tourism, including available3-2
accommodations, transportation, entertainment, natural resources and3-3
climate, and to promote special events related thereto.3-4
Sec. 4. Chapter 268 of NRS is hereby amended by adding thereto a3-5
new section to read as follows:3-6
In a county whose population is 400,000 or more, one-half of the3-7
proceeds of the tax imposed pursuant to NRS 268.096, and any3-8
applicable penalty or interest, must be used pursuant to a county-wide3-9
community budget, established by the board of county commissioners, for3-10
the capital construction of parks, recreational facilities, museums, other3-11
cultural facilities, and similar projects, or as matching funds for federal3-12
grants for hiking trails, bicycle paths, open spaces or other recreational3-13
purposes, all of which must be designed to serve the permanent residents3-14
of the county.3-15
Sec. 5. NRS 268.096 is hereby amended to read as follows: 268.096 1. The city council or other governing body of each3-17
incorporated city:3-18
(a) In a county whose population is 400,000 or more, shall impose a tax3-19
at a rate of3-20
(b) In a county whose population is less than 400,000, shall impose a3-21
tax at the rate of 1 percent,3-22
of the gross receipts from the rental of transient lodging in that city upon3-23
all persons in the business of providing lodging. This tax must be imposed3-24
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 tax3-26
imposed on the revenues from the rental of transient lodging. The3-27
ordinance imposing the tax must include a schedule for the payment of the3-28
tax and the provisions of subsection 4.3-29
2. The tax imposed pursuant to subsection 1 must be collected and3-30
administered pursuant to NRS 268.095.3-31
3. The tax imposed pursuant to subsection 1 may be collected from the3-32
paying guests and may be shown as an addition to the charge for the rental3-33
of transient lodging. The person providing the transient lodging is liable to3-34
the city for the tax whether or not it is actually collected from the paying3-35
guest.3-36
4. If the tax imposed pursuant to subsection 1 is not paid within the3-37
time set forth in the schedule for payment, the city shall charge and collect3-38
in addition to the tax:3-39
(a) A penalty of not more than 10 percent of the amount due, exclusive3-40
of interest, or an administrative fee established by the governing body,3-41
whichever is greater; and4-1
(b) Interest on the amount due at the rate of not more than 1.5 percent4-2
per month or fraction thereof from the date on which the tax became due4-3
until the date of payment.4-4
5. As used in this section, "gross receipts from the rental of transient4-5
lodging" does not include the tax imposed or collected from paying guests4-6
pursuant to this section or NRS 244.3352.4-7
Sec. 6. NRS 268.0962 is hereby amended to read as follows: 268.0962 The proceeds of the tax imposed pursuant to NRS 268.0964-9
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)4-12
proceeds must be paid to the department of taxation for deposit with the4-13
state treasurer for credit to the fund for the promotion of tourism.4-14
(b)4-15
transmitted to the county treasurer for deposit in the county school4-16
district’s fund for capital projects established pursuant to NRS 387.328, to4-17
be held and expended in the same manner as other money deposited in that4-18
fund.4-19
(c) One-half of the proceeds must be used pursuant to section 4 of this4-20
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 deposit4-23
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 recreation4-25
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, to4-27
be used to advertise the resources of that county or incorporated city4-28
related to tourism, including available accommodations, transportation,4-29
entertainment, natural resources and climate, and to promote special events4-30
related thereto.~