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).

1-1 Section 1. NRS 278.4983 is hereby amended to read as follows:

1-2 278.4983 1. The city council of any city or the board of county

1-15 actual costs of residential construction in the area.

2-1 3. The purpose of the tax is to raise revenue to enable the cities and

2-2 counties to provide neighborhood parks and facilities for parks which are

2-3 required by the residents of those apartment houses, mobile homes and

2-4 residences.

2-5 4. An ordinance enacted pursuant to subsection 1 must establish the

2-6 procedures for collecting the tax, set its rate, and determine the purposes

2-7 for which the tax is to be used, subject to the restrictions and standards

2-8 provided in this chapter. The ordinance must, without limiting the general

2-9 powers conferred in this chapter, also include:

2-10 (a) Provisions for the creation, in accordance with the applicable master

2-11 plan, of park districts which would serve neighborhoods within the city or

2-12 county.

2-13 (b) A provision for collecting the tax at the time a building permit for

2-14 the construction of any apartment houses, residential dwelling units or

2-15 mobile home lots is issued.

2-16 5. All of the residential construction taxes collected pursuant to the

2-17 provisions of this section and any ordinance enacted by a city council or

2-18 board of county commissioners, and all interest accrued on the money,

2-19 must be placed with the city treasurer or county treasurer in a special fund.

2-20 Except as otherwise provided in subsection 6, the money in the fund may

2-21 only be used for the acquisition, improvement and expansion of

2-22 neighborhood parks or the installation of facilities in existing or

2-23 neighborhood parks in the city or county. Money in the fund must be

2-24 expended for the benefit of the neighborhood from which it was collected.

2-25 6. If a neighborhood park has not been developed or facilities have not

2-26 been installed in an existing park in the park district created to serve the

2-27 neighborhood in which the subdivision or development is located within 3

2-28 years after the date on which 75 percent of the residential dwelling units

2-29 authorized within that subdivision or development first became occupied,

2-30 all money paid by the subdivider or developer, together with interest at the

2-31 rate at which the city or county has invested the money in the fund, must

2-32 be refunded to the owners of the lots in the subdivision or development at

2-33 the time of the reversion on a pro rata basis.

2-34 7. The limitation of time established pursuant to subsection 6 is

2-35 suspended for any period, not to exceed 1 year, during which this state or

2-36 the Federal Government takes any action to protect the environment or an

2-37 endangered species which prohibits, stops or delays the development of a

2-38 park or installation of facilities.

2-39 8. For the purposes of this section:

2-40 (a) "Facilities" means turf, trees, irrigation, playground apparatus,

2-41 playing fields, areas to be used for organized amateur sports, play areas,

2-42 picnic areas, horseshoe pits and other recreational equipment or

3-1 appurtenances designed to serve the natural persons, families and small

3-2 groups from the neighborhood from which the tax was collected.

3-3 (b) "Neighborhood park" means a site not exceeding 25 acres, designed

3-4 to serve the recreational and outdoor needs of natural persons, families and

3-5 small groups.

3-6 Sec. 2. This act becomes effective on July 1, 1999.