Assembly Bill No. 581–Assemblymen Williams, Manendo, Collins, Von Tobel, Ohrenschall, Parks, Giunchigliani, Arberry, Carpenter, Segerblom, Price, Gibbons and Lee
March 15, 1999
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Joint Sponsors: Senators Amodei and Washington
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Referred to Committee on Taxation
SUMMARY—Proposes to provide week without sales tax on school supplies. (BDR 32-1501)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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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. At the general election on November 7, 2000, a proposal1-2
must be submitted to the registered voters of this state to amend the Sales1-3
and Use Tax Act, which was enacted by the 47th session of the legislature1-4
of the State of Nevada and approved by the governor in 1955, and1-5
subsequently approved by the people of this state at the general election1-6
held on November 6, 1956.1-7
Sec. 2. At the time and in the manner provided by law, the secretary1-8
of state shall transmit the proposed act to the several county clerks, and the1-9
county clerks shall cause it to be published and posted as provided by law.2-1
Sec. 3. The proclamation and notice to the voters given by the county2-2
clerks pursuant to law must be in substantially the following form:2-3
Notice is hereby given that at the general election on November 7,2-4
2000, a question will appear on the ballot for the adoption or rejection2-5
by the registered voters of the state of the following proposed act:2-6
AN ACT to amend an act entitled "An Act to provide revenue for2-7
the State of Nevada; providing for sales and use taxes; providing2-8
for the manner of collection; defining certain terms; providing2-9
penalties for violation, and other matters properly relating2-10
thereto." approved March 29, 1955, as amended.2-11
THE PEOPLE OF THE STATE OF NEVADA2-13
Section 1. The above-entitled act, being chapter 397, Statutes of2-14
Nevada 1955, at page 762, is hereby amended by adding thereto a2-15
new section to be designated as section 56.3, immediately following2-16
section 56.2, to read as follows:2-17
Sec. 56.3. 1. There are exempted from the taxes imposed by2-18
this act the gross receipts from the sale and the storage, use or2-19
other consumption of school supplies by or on behalf of an2-20
eligible student during the last 7 days of August each year.2-21
2. The Nevada tax commission shall adopt regulations to2-22
carry out the provisions of this section.2-23
3. As used in this section:2-24
(a) "Eligible student" means a person who is enrolled for the2-25
current academic year in a public or private school, community2-26
college or university as evidenced by a photographic identification2-27
card or other enrollment documentation deemed acceptable for2-28
this purpose by the Nevada tax commission as evidence of his2-29
enrollment.2-30
(b) "School supplies" means paper, pencils, pens, markers,2-31
crayons, notebooks, binders, poster board, scissors, rulers,2-32
lunchboxes, backpacks, dictionaries, thesauruses, tape, tape2-33
dispensers, staples, staplers and calculators. Except as otherwise2-34
provided in this subsection, the term includes, without limitation,2-35
any other similar supplies determined by the Nevada tax2-36
commission to be for use by pupils and students to assist in the2-37
performance of their course work. The term does not include2-38
clothing, shoes, computers, computer software or any single item2-39
sold at retail for more than $100.3-1
Sec. 2. This act becomes effective on January 1, 2001.3-2
Sec. 4. The ballot page assemblies and the paper ballots to be used in3-3
voting on the question must present the question in substantially the3-4
following form:3-5
Shall the Sales and Use Tax Act of 1955 be amended to provide a3-6
limited exemption from the taxes imposed by this act on the gross3-7
receipts from the sale and the storage, use or other consumption of3-8
school supplies?3-9
Yes ¨ No ¨3-10
Sec. 5. The explanation of the question which must appear on each3-11
paper ballot and sample ballot and in every publication and posting of3-12
notice of the question must be in substantially the following form:3-13
(Explanation of Question)3-14
The proposed amendment to the Sales and Use Tax Act of 19553-15
would exempt from the taxes imposed by this act the gross receipts3-16
from the sale and storage, use or other consumption of school supplies3-17
during a limited period at the beginning of each school year. If this3-18
proposal is adopted, the legislature has provided that the Local School3-19
Support Tax Law and the City-County Relief Tax Law will be3-20
amended to provide the same exemption.3-21
Sec. 6. If a majority of the votes cast on the question is yes, the3-22
amendment to the Sales and Use Tax Act of 1955 becomes effective on3-23
January 1, 2001. If less than a majority of votes cast on the question is yes,3-24
the question fails and the amendment to the Sales and Use Tax Act of 19553-25
does not become effective.3-26
Sec. 7. All general election laws not inconsistent with this act are3-27
applicable.3-28
Sec. 8. Any informalities, omissions or defects in the content or3-29
making of the publications, proclamations or notices provided for in this3-30
act and by the general election laws under which this election is held must3-31
be so construed as not to invalidate the adoption of the act by a majority of3-32
the registered voters voting on the question if it can be ascertained with3-33
reasonable certainty from the official returns transmitted to the office of3-34
the secretary of state whether the proposed amendment was adopted by a3-35
majority of those registered voters.3-36
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a3-37
new section to read as follows:3-38
1. There are exempted from the taxes imposed by this chapter the3-39
gross receipts from the sale and the storage, use or other consumption of3-40
school supplies by or on behalf of an eligible student during the last 73-41
days of August each year.4-1
2. The Nevada tax commission shall adopt regulations to carry out4-2
the provisions of this section.4-3
3. As used in this section:4-4
(a) "Eligible student" means a person who is enrolled for the current4-5
academic year in a public or private school, community college or4-6
university as evidenced by a photographic identification card or other4-7
enrollment documentation deemed acceptable for this purpose by the4-8
Nevada tax commission as evidence of his enrollment.4-9
(b) "School supplies" means paper, pencils, pens, markers, crayons,4-10
notebooks, binders, poster board, scissors, rulers, lunchboxes, backpacks,4-11
dictionaries, thesauruses, tape, tape dispensers, staples, staplers and4-12
calculators. Except as otherwise provided in this subsection, the term4-13
includes, without limitation, any other similar supplies determined by the4-14
Nevada tax commission to be for use by pupils and students to assist in4-15
the performance of their course work. The term does not include4-16
clothing, shoes, computers, computer software or any single item sold at4-17
retail for more than $100.4-18
Sec. 10. Section 9 of this act becomes effective on January 1, 2001,4-19
only if the proposal submitted pursuant to sections 1 to 5, inclusive, of this4-20
act is approved by the voters at the general election on November 7, 2000.~