Assembly Bill No. 668–Committee on Taxation
March 22, 1999
____________
Referred to Committee on Taxation
SUMMARY—Makes various changes relating to assessment of property for taxation. (BDR 32-1140)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
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 361 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. A golf course located on the property of a local government,1-4
including any improvement constructed by the lessee if the ownership of1-5
the improvement passes to the local government as lessor upon1-6
completion of the improvement or expiration of the lease, shall be1-7
deemed to be a park within the meaning of paragraph (a) of subsection 21-8
of NRS 361.157 if:1-9
1. Each year, the operator of the golf course makes at least one-half1-10
of the total available times to begin a round of golf available to residents1-11
of the county in which the course is located;1-12
2. The golf course charges those residents no more than one-half of1-13
the seasonally adjusted maximum fee charged to nonresidents for1-14
playing golf, excluding any charge for renting carts, or provides a1-15
program of discounts to residents that is approved by the local1-16
government in which the course is located; and1-17
3. It submits an annual report, certified by the operator or an officer1-18
of the organization operating the course and approved as to form by the2-1
local government, to the governing body of that local government2-2
showing that the golf course has met the requirements of this section and2-3
the governing body of the local government certifies to the county2-4
assessor that the golf course qualifies for treatment as a park.2-5
Sec. 3. 1. All intangible personal property is exempt from taxation,2-6
including, without limitation, good will, customer lists, contracts and2-7
contract rights, patents, trade-marks, brand names, copyrights, trade2-8
secrets, franchise agreements and licenses.2-9
2. The attributes of real property, such as zoning, location, view,2-10
proximity to markets, geographic features and other characteristics or2-11
attributes of real property, are not intangible personal property and must2-12
be considered in valuing the real property, if appropriate.2-13
Sec. 4. NRS 361.068 is hereby amended to read as follows: 361.068 1. The following personal property is exempt from taxation:2-15
(a) Personal property held for sale by a merchant2-16
2-17
2-18
(b) Raw materials and components held by a manufacturer for2-19
manufacture into products, and supplies to be consumed in the process of2-20
manufacture;2-21
2-22
be consumed during the operation of the business;2-23
(d) Tangible personal property owned or leased by, or lent or made2-24
available to a natural or artificial person for the operation of a business2-25
to the extent of $50,000 in taxable value;2-26
(e) Livestock;2-27
(f) Colonies of bees;2-28
(g) Pipe and other agricultural equipment used to convey water for the2-29
irrigation of legal crops;2-30
(h) All boats;2-31
(i) Slide-in campers and camper shells;2-32
(j) Fine art for public display; and2-33
(k) Computers and related equipment donated for use in schools in this2-34
state.2-35
2. The Nevada tax commission may exempt from taxation that2-36
personal property for which the annual taxes would be less than the cost of2-37
collecting those taxes. If such an exemption is provided, the Nevada tax2-38
commission shall annually determine the average cost of collecting2-39
property taxes in this state which must be used in determining the2-40
applicability of the exemption.3-1
3. A person claiming the exemption provided for in paragraph (j) of3-2
subsection 1 shall, on or before June 15 for the next ensuing fiscal year,3-3
file with the county assessor an affidavit declaring that the fine art:3-4
(a) Was purchased in an arm’s length transaction for $25,000 or more,3-5
or has an appraised value of $25,000 or more;3-6
(b) Will be on public display in a public or private art gallery, museum3-7
or other building or area in this state for at least 20 hours per week during3-8
at least 35 weeks of the year for which the exemption is claimed; and3-9
(c) Will be available for educational purposes.3-10
4. To qualify for the exemption provided in paragraph (k) of3-11
subsection 1, a taxpayer must donate the property through a foundation or3-12
organization, not for profit, that accepts such property for use in schools in3-13
this state. The foundation or organization shall issue a voucher identifying3-14
each item of property donated. To obtain the benefit of the exemption, the3-15
taxpayer must apply to the county assessor and tender the voucher. The3-16
county assessor shall compute the assessed value of the property for the3-17
year in which the donation was made using the original cost and the year3-18
of acquisition. The county assessor shall allow a credit of that amount3-19
against the personal property assessment for the year following the3-20
donation.3-21
5. As used in this section:3-22
(a) "Boat" includes any vessel or other watercraft, other than a3-23
seaplane, used or capable of being used as a means of transportation on the3-24
water.3-25
(b) "Fine art for public display" means a work of art which:3-26
(1) Is an original painting in oil, mineral, water colors, vitreous3-27
enamel, pastel or other medium, an original mosaic, drawing or sketch, an3-28
original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a3-29
similar material, an original work of mixed media or a lithograph;3-30
(2) Was purchased in an arm’s length transaction for $25,000 or3-31
more, or has an appraised value of $25,000 or more;3-32
(3) Is on public display in a public or private art gallery, museum or3-33
other building or area in this state for at least 20 hours per week during at3-34
least 35 weeks of each year for which the exemption is claimed; and3-35
(4) Is available for educational purposes.3-36
Sec. 5. NRS 361.068 is hereby amended to read as follows:3-37
361.068 1. The following personal property is exempt from taxation:3-38
(a) Personal property held for sale by a merchant3-39
3-40
3-41
(b) Raw materials and components held by a manufacturer for3-42
manufacture into products, and supplies to be consumed in the process of3-43
manufacture;4-1
4-2
be consumed during the operation of the business;4-3
(d) Tangible personal property owned or leased by, or lent or made4-4
available to a natural or artificial person for the operation of a business4-5
to the extent of $100,000 in taxable value;4-6
(e) Livestock;4-7
(f) Colonies of bees;4-8
(g) Pipe and other agricultural equipment used to convey water for the4-9
irrigation of legal crops;4-10
(h) All boats;4-11
(i) Slide-in campers and camper shells;4-12
(j) Fine art for public display; and4-13
(k) Computers and related equipment donated for use in schools in this4-14
state.4-15
2. The Nevada tax commission may exempt from taxation that4-16
personal property for which the annual taxes would be less than the cost of4-17
collecting those taxes. If such an exemption is provided, the Nevada tax4-18
commission shall annually determine the average cost of collecting4-19
property taxes in this state which must be used in determining the4-20
applicability of the exemption.4-21
3. A person claiming the exemption provided for in paragraph (j) of4-22
subsection 1 shall, on or before June 15 for the next ensuing fiscal year,4-23
file with the county assessor an affidavit declaring that the fine art:4-24
(a) Was purchased in an arm’s length transaction for $25,000 or more,4-25
or has an appraised value of $25,000 or more;4-26
(b) Will be on public display in a public or private art gallery, museum4-27
or other building or area in this state for at least 20 hours per week during4-28
at least 35 weeks of the year for which the exemption is claimed; and4-29
(c) Will be available for educational purposes.4-30
4. To qualify for the exemption provided in paragraph (k) of4-31
subsection 1, a taxpayer must donate the property through a foundation or4-32
organization, not for profit, that accepts such property for use in schools in4-33
this state. The foundation or organization shall issue a voucher identifying4-34
each item of property donated. To obtain the benefit of the exemption, the4-35
taxpayer must apply to the county assessor and tender the voucher. The4-36
county assessor shall compute the assessed value of the property for the4-37
year in which the donation was made using the original cost and the year4-38
of acquisition. The county assessor shall allow a credit of that amount4-39
against the personal property assessment for the year following the4-40
donation.4-41
5. As used in this section:5-1
(a) "Boat" includes any vessel or other watercraft, other than a5-2
seaplane, used or capable of being used as a means of transportation on the5-3
water.6-1
(b) "Fine art for public display" means a work of art which:6-2
(1) Is an original painting in oil, mineral, water colors, vitreous6-3
enamel, pastel or other medium, an original mosaic, drawing or sketch, an6-4
original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a6-5
similar material, an original work of mixed media or a lithograph;6-6
(2) Was purchased in an arm’s length transaction for $25,000 or6-7
more, or has an appraised value of $25,000 or more;6-8
(3) Is on public display in a public or private art gallery, museum or6-9
other building or area in this state for at least 20 hours per week during at6-10
least 35 weeks of each year for which the exemption is claimed; and6-11
(4) Is available for educational purposes.6-12
Sec. 6. NRS 361.068 is hereby amended to read as follows: 361.068 1. The following personal property is exempt from taxation:6-14
(a) Personal property held for sale by a merchant6-15
6-16
6-17
(b) Raw materials and components held by a manufacturer for6-18
manufacture into products, and supplies to be consumed in the process of6-19
manufacture;6-20
6-21
be consumed during the operation of the business;6-22
(d) Tangible personal property owned or leased by, or lent or made6-23
available to a natural or artificial person for the operation of a business6-24
to the extent of $100,000 in taxable value;6-25
(e) Livestock;6-26
(f) Colonies of bees;6-27
(g) Pipe and other agricultural equipment used to convey water for the6-28
irrigation of legal crops;6-29
(h) All boats;6-30
(i) Slide-in campers and camper shells; and6-31
(j) Fine art for public display.6-32
2. The Nevada tax commission may exempt from taxation that6-33
personal property for which the annual taxes would be less than the cost of6-34
collecting those taxes. If such an exemption is provided, the Nevada tax6-35
commission shall annually determine the average cost of collecting6-36
property taxes in this state which must be used in determining the6-37
applicability of the exemption.6-38
3. A person claiming the exemption provided for in paragraph (j) of6-39
subsection 1 shall, on or before June 15 for the next ensuing fiscal year,6-40
file with the county assessor an affidavit declaring that the fine art:7-1
(a) Was purchased in an arm’s length transaction for $25,000 or more,7-2
or has an appraised value of $25,000 or more;7-3
(b) Will be on public display in a public or private art gallery, museum7-4
or other building or area in this state for at least 20 hours per week during7-5
at least 35 weeks of the year for which the exemption is claimed; and7-6
(c) Will be available for educational purposes.7-7
4. As used in this section:7-8
(a) "Boat" includes any vessel or other watercraft, other than a7-9
seaplane, used or capable of being used as a means of transportation on the7-10
water.7-11
(b) "Fine art for public display" means a work of art which:7-12
(1) Is an original painting in oil, mineral, water colors, vitreous7-13
enamel, pastel or other medium, an original mosaic, drawing or sketch, an7-14
original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a7-15
similar material, an original work of mixed media or a lithograph;7-16
(2) Was purchased in an arm’s length transaction for $25,000 or7-17
more, or has an appraised value of $25,000 or more;7-18
(3) Is on public display in a public or private art gallery, museum or7-19
other building or area in this state for at least 20 hours per week during at7-20
least 35 weeks of each year for which the exemption is claimed; and7-21
(4) Is available for educational purposes.7-22
Sec. 7. NRS 361.080 is hereby amended to read as follows: 361.080 1. The property of7-24
spouses, not to exceed the amount of $1,000 assessed valuation, is exempt7-25
from taxation, but no such exemption may be allowed to anyone but actual7-26
bona fide residents of this state, and must be allowed in but one county in7-27
this state to the same7-28
2. For the purpose of this section, property in which7-29
7-30
property of the7-31
3. The person claiming such an exemption shall file with the county7-32
assessor an affidavit declaring his residency and that the exemption has7-33
been claimed in no other county in this state for that year. The affidavit7-34
must be made before the county assessor or a notary public. After the7-35
filing of the original affidavit, the county assessor shall mail a form for7-36
renewal of the exemption to the person each year following a year in7-37
which the exemption was allowed for that person. The form must be7-38
designed to facilitate its return by mail by the person claiming the7-39
exemption.7-40
4. A surviving spouse is not entitled to the exemption provided by this7-41
section in any fiscal year beginning after his remarriage, even if the7-42
remarriage is later annulled.7-43
Sec. 8. NRS 361.085 is hereby amended to read as follows:8-1
361.085 1. The property of all blind persons, not to exceed the8-2
amount of $3,000 of assessed valuation, is exempt from taxation, including8-3
community property to the extent only of the blind person’s interest8-4
therein, but no such exemption may be allowed to anyone but bona fide8-5
residents of this state, and must be allowed in but one county in this state8-6
8-7
2. The person claiming such an exemption shall file with the county8-8
assessor an affidavit declaring his residency and that the exemption has8-9
been claimed in no other county in this state for that year. The affidavit8-10
must be made before the county assessor or a notary public. After the8-11
filing of the original affidavit, the county assessor shall mail a form for8-12
renewal of the exemption to the person each year following a year in8-13
which the exemption was allowed for that person. The form must be8-14
designed to facilitate its return by mail by the person claiming the8-15
exemption.8-16
3. Upon first claiming the exemption in a county the claimant shall8-17
furnish to the assessor a certificate of a physician licensed under the laws8-18
of this state setting forth that he has examined the claimant and has found8-19
him to be a blind person.8-20
4. As used in this section, "blind person" includes any person whose8-21
visual acuity with correcting lenses does not exceed 20/200 in the better8-22
eye, or whose vision in the better eye is restricted to a field which subtends8-23
an angle of not greater than 20° .8-24
Sec. 9. NRS 361.090 is hereby amended to read as follows: 361.090 1. The property, to the extent of $1,000 assessed valuation,8-26
of any actual bona fide resident of the State of Nevada who:8-27
(a) Has served a minimum of 90 days on active duty, who was assigned8-28
to active duty at some time between April 21, 1898, and June 15, 1903, or8-29
between April 6, 1917, and November 11, 1918, or between December 7,8-30
1941, and December 31, 1946, or between June 25, 1950, and January 31,8-31
1955;8-32
(b) Has served a minimum of 90 continuous days on active duty none of8-33
which was for training purposes, who was assigned to active duty at some8-34
time between January 1, 1961, and May 7, 1975; or8-35
(c) Has served on active duty in connection with carrying out the8-36
authorization granted to the President of the United States in Public Law8-37
102-1,8-38
and who received, upon severance from service, an honorable discharge or8-39
certificate of satisfactory service from the Armed Forces of the United8-40
States, or who, having so served, is still serving in the Armed Forces of the8-41
United States, is exempt from taxation.9-1
2. For the purpose of this section the first $1,000 assessed valuation of9-2
property in which such a person has any interest shall be deemed the9-3
property of that person.9-4
3. The exemption may be allowed only to a claimant who files an9-5
affidavit with his claim for exemption on real property pursuant to NRS9-6
361.155. The affidavit may be filed at any time by a person claiming9-7
exemption from taxation on personal property.9-8
4. The affidavit must be made before the county assessor or a notary9-9
public and filed with the county assessor .9-10
the affiant is an actual bona fide resident of the State of Nevada who meets9-11
all the other requirements of subsection 1 and that the exemption is9-12
claimed in no other county within this state. After the filing of the original9-13
affidavit, the county assessor shall mail a form for:9-14
(a) The renewal of the exemption; and9-15
(b) The designation of any amount to be credited to the veterans’ home9-16
account,9-17
to the person each year following a year in which the exemption was9-18
allowed for that person. The form must be designed to facilitate its return9-19
by mail by the person claiming the exemption.9-20
5. Persons in actual military service are exempt during the period of9-21
such service from filing annual affidavits of exemption and the county9-22
assessors shall continue to grant exemption to such persons on the basis of9-23
the original affidavits filed. In the case of any person who has entered the9-24
military service without having previously made and filed an affidavit of9-25
exemption, the affidavit may be filed in his behalf during the period of9-26
such service by any person having knowledge of the facts.9-27
6. Before allowing any veteran’s exemption pursuant to the provisions9-28
of this chapter, the county assessor of each of the several counties of this9-29
state shall require proof of status of the veteran, and for that purpose shall9-30
require production of an honorable discharge or certificate of satisfactory9-31
service or a certified copy thereof, or such other proof of status as may be9-32
necessary.9-33
7. If any person files a false affidavit or produces false proof to the9-34
county assessor, and as a result of the false affidavit or false proof a tax9-35
exemption is allowed to a person not entitled to the exemption, he is guilty9-36
of a gross misdemeanor.9-37
Sec. 10. NRS 361.125 is hereby amended to read as follows: 361.125 1. Except as otherwise provided in subsection 2, churches,9-39
chapels, other than marriage chapels, and other buildings used for religious9-40
worship, with their furniture and equipment, and the lots of ground on9-41
which they stand, used therewith and necessary thereto, owned by some9-42
recognized religious society or corporation, and parsonages so owned, are9-43
exempt from taxation.10-1
2. Except as otherwise provided in NRS 361.157, when any such10-2
property is used exclusively or in part for any other than church purposes,10-3
and a rent or other valuable consideration is received for its use, the10-4
property must be taxed.10-5
3.10-6
10-7
10-8
10-9
10-10
10-11
10-12
10-13
10-14
10-15
prorated for the portion of a fiscal year during which the religious society10-16
or corporation owns the real property. For the purposes of this10-17
subsection, ownership of property purchased begins on the date of10-18
recording of the deed to the purchaser.10-19
Sec. 11. NRS 361.157 is hereby amended to read as follows: 361.157 1. When any real estate or portion of real estate which for10-21
any reason is exempt from taxation is leased, loaned or otherwise made10-22
available to and used by a natural person, association, partnership or10-23
corporation in connection with a business conducted for profit or as a10-24
residence, or both, the leasehold interest, possessory interest, beneficial10-25
interest or beneficial use of the lessee or user of the property is subject to10-26
taxation to the extent the:10-27
(a) Portion of the property leased or used; and10-28
(b) Percentage of time during the fiscal year that the property is leased10-29
by the lessee or used by the user,10-30
can be segregated and identified. The taxable value of the interest or use10-31
must be determined in the manner provided in subsection 3 of NRS10-32
361.227.10-33
2. Subsection 1 does not apply to:10-34
(a) Property located upon a public airport, park, market or fairground or10-35
any property owned by a public airport, unless the property owned by the10-36
public airport is not located upon the public airport and the property is10-37
leased, loaned or otherwise made available for purposes other than for the10-38
purposes of a public airport, including, without limitation, residential,10-39
commercial or industrial purposes;10-40
(b) Federal property for which payments are made in lieu of taxes in10-41
amounts equivalent to taxes which might otherwise be lawfully assessed;10-42
(c) Property of any state-supported educational institution;11-1
(d) Property leased or otherwise made available to and used by a natural11-2
person, private association, private corporation, municipal corporation,11-3
quasi-municipal corporation or a political subdivision under the provisions11-4
of the Taylor Grazing Act or by the United States Forest Service or the11-5
Bureau of Reclamation of the United States Department of the Interior;11-6
(e) Property of any Indian or of any Indian tribe, band or community11-7
which is held in trust by the United States or subject to a restriction against11-8
alienation by the United States;11-9
(f) Vending stand locations and facilities operated by blind persons11-10
under the auspices of the bureau of services to the blind and visually11-11
impaired of the rehabilitation division of the department of employment,11-12
training and rehabilitation, whether or not the property is owned by the11-13
federal, state or a local government;11-14
(g) Leases held by a natural person, corporation, association, municipal11-15
corporation, quasi-municipal corporation or political subdivision for11-16
development of geothermal resources, but only for resources which have11-17
not been put into commercial production;11-18
(h) The use of exempt property that is leased, loaned or made available11-19
to a public officer or employee, incident to or in the course of public11-20
employment;11-21
(i) A parsonage owned by a recognized religious society or corporation11-22
when used exclusively as a parsonage;11-23
(j) Property owned by a charitable or religious organization all or a11-24
portion of which is made available to and is used as a residence by a11-25
natural person in connection with carrying out the activities of the11-26
organization;11-27
(k) Property owned by a governmental entity and used to provide11-28
shelter at a reduced rate to elderly persons or persons having low incomes;11-29
(l) The occasional rental of meeting rooms or similar facilities for11-30
periods of less than 30 consecutive days; or11-31
(m) The use of exempt property to provide day care for children if the11-32
day care is provided by a nonprofit organization.11-33
3. Taxes must be assessed to lessees or users of exempt real estate and11-34
collected in the same manner as taxes assessed to owners of other real11-35
estate, except that taxes due under this section do not become a lien against11-36
the property. When due, the taxes constitute a debt due from the lessee or11-37
user to the county for which the taxes were assessed and, if unpaid, are11-38
recoverable by the county in the proper court of the county.11-39
11-40
11-41
Sec. 12. NRS 361.260 is hereby amended to read as follows: 361.260 1. Each year, the county assessor, except as otherwise11-43
required by a particular statute, shall ascertain by diligent inquiry and12-1
examination all real and secured personal property that is in his county on12-2
July 1 which is subject to taxation, and also the names of all persons,12-3
corporations, associations, companies or firms owning the property. He12-4
shall then determine the taxable value of all such property and he shall then12-5
list and assess it to the person, firm, corporation, association or company12-6
owning it12-7
any time between May 1 and the following April 30, with respect to12-8
personal property which is to be placed on the unsecured tax roll.12-9
2. At any time before the lien date for the following fiscal year, the12-10
county assessor may include additional personal property and mobile12-11
homes on the secured tax roll if the owner of the personal property or12-12
mobile home owns real property within the same taxing district which has12-13
an assessed value that is equal to or greater than the taxes for 3 years on12-14
both the real property and the personal property or mobile home, plus12-15
penalties. Personal property and mobile homes in the county on July 1, but12-16
not on the secured tax roll for the current year, must be placed on the12-17
unsecured tax roll for the current year.12-18
3. An improvement on real property in existence on July 1 whose12-19
existence was not ascertained in time to be placed on the secured roll for12-20
that tax year and which is not governed by subsection 4 must be placed on12-21
the unsecured tax roll.12-22
4. The value of any property apportioned among counties pursuant to12-23
NRS 361.320, 361.321 and 361.323 must be added to the central12-24
assessment roll at the assessed value established by the Nevada tax12-25
commission or as established pursuant to an appeal to the state board of12-26
equalization.12-27
5.12-28
12-29
12-30
12-31
for any property not reappraised in the current assessment year, the county12-32
assessor shall determine its assessed value for that year by applying a12-33
factor for improvements, if any, and a factor for land to the assessed value12-34
for the preceding year. The factor for improvements must reasonably12-35
represent the change, if any, in the taxable value of typical improvements12-36
in the area since the preceding year, and must take into account all12-37
applicable depreciation and obsolescence. The factor for improvements12-38
must be adopted by the Nevada tax commission. The factor for land must12-39
be developed by the county assessor and approved by the commission. The12-40
factor for land must be so chosen that the median ratio of the assessed12-41
value of the land to the taxable value of the land in each area subject to the12-42
factor is not less than 30 percent nor more than 35 percent.13-1
13-2
once every 5 years.13-3
13-4
of county commissioners and the governing body of each of the local13-5
governments located in the county which maintain a unit of government13-6
that issues building permits for a copy of each building permit that is13-7
issued. Upon receipt of such a request, the governing body shall direct the13-8
unit which issues the permits to provide a copy of each permit to the13-9
county assessor within a reasonable time after issuance.13-10
Sec. 13. NRS 361.265 is hereby amended to read as follows: 361.265 1. To enable the county assessor to make assessments, he13-12
shall demand from each natural person or firm, and from the president,13-13
cashier, treasurer or managing agent of each corporation, association or13-14
company, including all banking institutions, associations or firms within13-15
his county, a written statement, signed under penalty of perjury, on forms13-16
to be furnished by the county assessor of all the personal property within13-17
the county, owned, claimed, possessed, controlled or managed by those13-18
persons, firms, corporations, associations or companies.13-19
2.13-20
must include:13-21
(a) A description of the location of any taxable personal property that is13-22
owned, claimed, possessed, controlled or managed by the natural person,13-23
firm, corporation, association or company, but stored, maintained or13-24
otherwise placed at a location other than the principal residence of the13-25
natural person or principal place of business of the firm, corporation,13-26
association or company; and13-27
(b) The cost of acquisition of each item of taxable personal property13-28
including the cost of any improvements of the personal property, such as13-29
additions to or renovations of the property other than routine maintenance13-30
or repairs.13-31
3. The statement must be returned not later than July 31, except for a13-32
statement mailed to the taxpayer after July 15, in which case it must be13-33
returned within 15 days after demand for its return is made. Upon petition13-34
of the property owner showing good cause, the county assessor may grant13-35
one or more 30-day extensions.13-36
4. If the owners of any taxable property not listed by another person13-37
are absent or unknown, or fail to provide the written statement as described13-38
in subsection 1, the county assessor shall make an estimate of the value of13-39
the property and assess it accordingly. If the name of the absent owner is13-40
known to the county assessor, the property must be assessed in his name. If13-41
the name of the owner is unknown to the county assessor, the property13-42
must be assessed to "unknown owner"; but no mistake made in the name14-1
of the owner or the supposed owner of personal property renders the14-2
assessment or any sale of the property for taxes invalid.14-3
5. A county assessor may send to an owner of personal property a14-4
statement to sign and return instead of complying with subsection 2. An14-5
owner who claims the exemption provided in paragraph (d) of subsection14-6
1 of NRS 361.068 shall provide a signed statement, under oath, that the14-7
total cost of acquisition of all taxable personal property claimed to be14-8
exempt is less than $50,000 and any further information demanded by14-9
the county assessor.14-10
6. If any person, officer or agent neglects or refuses on demand of the14-11
county assessor or his deputy to give the statement required by this section,14-12
or gives a false name, or refuses to give his name or sign the statement, he14-13
is guilty of a misdemeanor.14-14
Sec. 14. NRS 361.5644 is hereby amended to read as follows: 361.5644 1. If the purchaser, repossessor or other owner of a mobile14-16
or manufactured home fails to comply with the provisions of subsection 114-17
of NRS 361.562 within the required time, the county assessor shall collect14-18
a penalty, which must be added to the tax and collected therewith in the14-19
amount of 10 percent of the tax due .14-20
14-21
14-22
14-23
14-24
14-25
14-26
14-27
2. If any person required to pay a personal property tax under the14-28
provisions of NRS 361.562 neglects or refuses to pay the tax on demand of14-29
the county assessor, the county assessor or his deputy shall seize the14-30
mobile or manufactured home upon which the taxes are due and proceed in14-31
accordance with the provisions of NRS 361.535.14-32
3. The tax is due and the tax and any penalty must be computed for14-33
each fiscal year from the date of purchase within or importation into this14-34
state.14-35
Sec. 15. NRS 361.767 is hereby amended to read as follows: 361.767 1. If the county assessor determines that certain personal14-37
property was not assessed, he may assess the property based upon its14-38
taxable value in the year in which it was not assessed.14-39
2. If the county assessor determines that certain personal property was14-40
underassessed because it was incorrectly reported by the owner, the14-41
assessor may assess the property based upon its taxable value in the year in14-42
which it was underassessed. He may then send an additional tax bill for an15-1
amount which represents the difference between the reported value and the15-2
taxable value for each year.15-3
3. The assessments provided for in subsections 1 and 2 may be made15-4
at any time within 3 years after the end of the fiscal year in which the taxes15-5
would have been due. The tax bill must specify the fiscal year for which15-6
the tax is due and the applicable rate and whether it is for property which15-7
was not assessed or for property which was underassessed.15-8
4. If property is not assessed or is underassessed because the owner15-9
submitted an incorrect written statement or failed to submit a written15-10
statement required pursuant to subsection 1 of NRS 361.265, there must be15-11
added to the taxes due a penalty in the amount of 20 percent of the tax for15-12
each year the property was not assessed or was underassessed. The county15-13
assessor may waive this penalty if he finds extenuating circumstances15-14
sufficient to justify the waiver.15-15
Sec. 16. NRS 361A.283 is hereby amended to read as follows: 361A.283 1. If the county assessor determines that the deferred tax15-17
for any fiscal year or years was not assessed in the year it became due, he15-18
may assess it anytime within 5 fiscal years after the end of the fiscal year15-19
in which a parcel or portion of a parcel was converted to a higher use.15-20
2. If the county assessor determines that a parcel was assessed for15-21
agricultural use rather than at full taxable value for any fiscal year in which15-22
it did not qualify for agricultural assessment, he may assess the deferred15-23
tax for that year anytime within 5 years after the end of that fiscal year.15-24
3. A penalty equal to 20 percent of the total accumulated deferred tax15-25
described in subsections 1 and 2 must be added for each of the years in15-26
which the owner failed to provide the written notice required by NRS15-27
361A.270. The county assessor may waive this penalty if he finds15-28
extenuating circumstances sufficient to justify the waiver.15-29
Sec. 17. NRS 482.180 is hereby amended to read as follows: 482.180 1. The motor vehicle fund is hereby created as an agency15-31
fund. Except as otherwise provided in subsection 4 or by a specific statute,15-32
all money received or collected by the department must be deposited in the15-33
state treasury for credit to the motor vehicle fund.15-34
2. The interest and income on the money in the motor vehicle fund,15-35
after deducting any applicable charges, must be credited to the state15-36
highway fund.15-37
3. Any check accepted by the department in payment of vehicle15-38
privilege tax or any other fee required to be collected pursuant to this15-39
chapter must, if it is dishonored upon presentation for payment, be charged15-40
back against the motor vehicle fund or the county to which the payment15-41
was credited, in the proper proportion.15-42
4. All money received or collected by the department for the basic15-43
vehicle privilege tax must be deposited in the local government tax16-1
distribution account, created by NRS 360.660, for credit to the appropriate16-2
county pursuant to subsection 6.16-3
5. Money for the administration of the provisions of this chapter must16-4
be provided by direct legislative appropriation from the state highway16-5
fund, upon the presentation of budgets in the manner required by law. Out16-6
of the appropriation the department shall pay every item of expense.16-7
6. The privilege tax collected on vehicles subject to the provisions of16-8
chapter 706 of NRS and engaged in interstate or intercounty operation16-9
must be distributed among the counties in the following percentages:16-10
Carson City 1.07 percent Lincoln 3.12 percent16-11
Churchill 5.21 percent Lyon 2.90 percent16-12
Clark 22.54 percent Mineral 2.40 percent16-13
Douglas 2.52 percent Nye 4.09 percent16-14
Elko 13.31 percent Pershing 7.00 percent16-15
Esmeralda 2.52 percent Storey .19 percent16-16
Eureka 3.10 percent Washoe 12.24 percent16-17
Humboldt 8.25 percent White Pine 5.66 percent16-18
Lander 3.88 percent16-19
The distributions must be allocated among local governments within the16-20
respective counties pursuant to the provisions of NRS 482.181.16-21
7.16-22
16-23
16-24
16-25
16-26
privilege tax collected by the department as a commission. From the16-27
amount of privilege tax collected by a county assessor, the state controller16-28
shall credit 1 percent to the department as a commission and remit 516-29
percent to the county for credit to its general fund as commission for the16-30
services of the county assessor.16-31
8. When the requirements of this section and NRS 482.181 have been16-32
met, and when directed by the department, the state controller shall transfer16-33
monthly to the state highway fund any balance in the motor vehicle fund.16-34
9. If a statute requires that any money in the motor vehicle fund be16-35
transferred to another fund or account, the department shall direct the16-36
controller to transfer the money in accordance with the statute.16-37
Sec. 18. NRS 489.511 is hereby amended to read as follows: 489.511 1. If a used or rebuilt manufactured home, mobile home or16-39
commercial coach is sold in this state by a dealer or rebuilder, the dealer or16-40
rebuilder shall complete a dealer’s or rebuilder’s report of sale. The report16-41
must be in a form prescribed by the division and include a description of17-1
the manufactured home, mobile home or commercial coach, the name and17-2
address of the seller and the name and address of the buyer. If a security17-3
interest exists at the time of the sale, or if in connection with the sale a17-4
security interest is taken or retained by the seller, dealer or rebuilder to17-5
secure all or part of the purchase price, or a security interest is taken by a17-6
person who gives value to enable the buyer to acquire rights in the17-7
manufactured home, mobile home or commercial coach, the name and17-8
address of the secured party must be entered on the dealer’s or rebuilder’s17-9
report of sale.17-10
2. The dealer or rebuilder shall submit the original of the dealer’s or17-11
rebuilder’s report of sale to the division within 45 days after the execution17-12
of all instruments which the contract of sale requires to be executed at the17-13
time of the sale, unless an extension of time is granted by the division,17-14
together with the endorsed certificate of title or certificate of ownership17-15
previously issued. The dealer or rebuilder shall furnish one copy of the17-16
report of sale to the buyer at the time of the sale. Within 45 days after the17-17
sale, the dealer or rebuilder shall furnish one copy of the report of sale to17-18
the assessor of the county in which the manufactured home, mobile home17-19
or commercial coach will be located.17-20
3. The dealer or rebuilder shall require the buyer to sign an17-21
acknowledgment of taxes, on a form prescribed by the division, which17-22
includes a statement that the manufactured, mobile home or commercial17-23
coach is taxable in the county in which it is located. The dealer shall17-24
deliver the buyer’s copy of the acknowledgment to him at the time of sale17-25
and submit another copy to the county assessor of the county in which17-26
the manufactured home, mobile home or commercial coach is to be17-27
located.17-28
4. If a used or rebuilt manufactured home, mobile home or commercial17-29
coach is sold by a dealer or rebuilder pursuant to an installment contract or17-30
other agreement by which the certificate of title or certificate of ownership17-31
does not pass immediately from the seller to the buyer upon the sale, the17-32
dealer or rebuilder shall submit to the division any information required by17-33
the regulations adopted by the administrator pursuant to NRS 489.272.17-34
Sec. 19. NRS 562.160 is hereby amended to read as follows: 562.160 Upon receipt of the reports from the committee for assessing17-36
livestock pursuant to NRS 575.180, the board shall fix the rate to be levied17-37
each year as provided for in NRS 562.170 and shall send notice of it to the17-38
county assessor or treasurer of each county that administers the special17-39
tax, and to the division of agriculture of the department of business and17-40
industry on or before the first Monday in May of each year.17-41
Sec. 20. NRS 567.110 is hereby amended to read as follows: 567.110 1. Upon receipt of the reports from the committee for17-43
assessing livestock pursuant to NRS 575.180, the state board of sheep18-1
commissioners, acting as the committee to control predatory animals, may18-2
levy an annual special tax of not to exceed the equivalent of 20 cents per18-3
head on all sheep and goats.18-4
2. The special tax is designated as the tax for control of predatory18-5
animals.18-6
3. Notice of the tax must be sent by the board to the county assessor or18-7
treasurer of each county that is administering the special taxes on18-8
livestock, and to the division of agriculture of the department of business18-9
and industry on or before the first Monday in May of each year.18-10
Sec. 21. NRS 571.035 is hereby amended to read as follows: 571.035 1. Upon receipt of the reports from the committee for18-12
assessing livestock pursuant to NRS 575.180, the division shall fix the18-13
amount of the annual special tax on each head of the following specified18-14
classes of livestock, which , except as otherwise provided in subsection 4,18-15
must not exceed the following rates per head for each class:18-16
Class Rate per head18-17
Stock cattle $0.2818-18
Dairy cattle .5318-19
Horses .7518-20
Mules .7518-21
Burros or asses .7518-22
Hogs and pigs .0718-23
Goats .0618-24
2. As used in subsection 1:18-25
(a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are18-26
more than 6 months old.18-27
(b) "Stock cattle" are:18-28
(1) Steers of any breed and other weaned calves of the beef breeds18-29
that are more than 6 months old; and18-30
(2) Bulls, cows and older heifers of the beef breeds.18-31
(c) The classes consisting of horses, mules, and burros and asses18-32
exclude animals that are less than 1 year old.18-33
3. The division shall send notice of the annual special tax on each head18-34
of the specified classes of livestock to the county assessor or treasurer of18-35
each county on or before the first Monday in May of each year18-36
18-37
division makes the election provided in subsection 7.18-38
4. The minimum special tax due annually pursuant to this section from18-39
each owner of livestock is $5.19-1
5. Upon the receipt of payment of the special tax and the report thereof19-2
by the state controller, the division shall credit the amount of the tax as19-3
paid on its records.19-4
6. The special taxes paid by an owner of livestock, when transmitted to19-5
the state treasurer, must be deposited in the livestock inspection account.19-6
7. The division may elect to perform the duties otherwise performed19-7
by the county assessor and county treasurer under NRS 575.100 to19-8
575.140, inclusive.19-9
Sec. 22. NRS 575.090 is hereby amended to read as follows: 575.090 1. There is hereby created in each county a committee for19-11
assessing livestock composed of:19-12
(a) Two persons who own livestock in the county and who are19-13
appointed by the state board of agriculture;19-14
(b) One person who owns sheep in the county and who is appointed by19-15
the board or, if there is no owner of sheep in the county, another person19-16
who owns livestock in the county who is appointed by the state board of19-17
agriculture;19-18
(c) A brand inspector who is designated by the administrator of the19-19
division; and19-20
(d)19-21
special tax, another person who owns livestock, appointed by the state19-22
board of agriculture, otherwise the county assessor or a person designated19-23
by him.19-24
2. Except as otherwise provided in this subsection, the term of each19-25
member is 2 years, and any vacancy must be filled by appointment for the19-26
unexpired term. The term of the county assessor expires upon the19-27
expiration of the term of his office. A person designated by the county19-28
assessor serves at the pleasure of the county assessor. The brand inspector19-29
serves at the pleasure of the administrator of the division.19-30
3. While engaged in official business of the committee for assessing19-31
livestock, each member of the committee is entitled to:19-32
(a) A salary not exceeding $60 per day for attending meetings or19-33
performing other official business, to be paid from any money available to19-34
the division.19-35
(b) The per diem allowance and travel expenses fixed for state officers19-36
and employees.19-37
Sec. 23. NRS 575.120 is hereby amended to read as follows: 575.120 1. The division shall prepare a form for declaration of19-39
livestock and sheep on which an owner of livestock or sheep shall declare19-40
the average number, kind and classification of all livestock and sheep in19-41
the state owned by him during the year immediately preceding the date the19-42
declaration is made.20-1
2. Before May 6 of each year, the division shall distribute the form for20-2
declaration to20-3
special tax is administered by the county.20-4
3. In other counties, the division shall mail directly to each owner of20-5
livestock or sheep a bill for the special tax due from him. Failure to20-6
receive a tax bill does not excuse an owner from the timely payment of20-7
the tax due.20-8
Sec. 24. NRS 575.130 is hereby amended to read as follows: 575.130 1.20-10
administered by the county, the county assessor shall mail the form for20-11
declaration to each owner of livestock or sheep listed in his most current20-12
report of such owners. He may include the form with any other mailing20-13
sent by him to that owner.20-14
2. An owner of livestock or sheep who fails to complete and return the20-15
form for declaration within 30 days after the date it was mailed to him is20-16
subject to a penalty of $5 assessed by the committee.20-17
Sec. 25. NRS 575.140 is hereby amended to read as follows: 575.140 The county assessor or the division shall forward to the20-19
committee for assessing livestock all of the completed forms for20-20
declaration of livestock and sheep received by him and a copy of his most20-21
current report of owners of livestock and sheep. This report may show a20-22
parcel number and must include the name and address of each owner and20-23
the number, kind and classification of the livestock and sheep belonging to20-24
each owner.20-25
Sec. 26. NRS 575.150 is hereby amended to read as follows: 575.150 1. Upon receipt of the forms for declaration of livestock and20-27
sheep and the report of owners of livestock and sheep from the county20-28
assessor20-29
(a) Make an estimate of the number, kind and classification of all20-30
livestock and sheep owned by any person failing to return the form for20-31
declaration of livestock and sheep and include that information on the20-32
report; and20-33
(b) Examine each completed form for declaration of livestock and20-34
sheep and the report to determine its accuracy, and if there is any evidence20-35
that any information is inaccurate or incomplete, may change and correct20-36
any listing as to number, kind, classification, ownership or location by20-37
adding thereto or deducting therefrom as necessary to make the report20-38
complete and accurate.20-39
2. The committee for assessing livestock may verify the number of20-40
livestock or sheep by any reasonable means, including actual count at any20-41
reasonable time.20-42
3. If the committee for assessing livestock changes the listings on the20-43
report of owners of livestock and sheep for any owner and the listing for21-1
that owner does not conform to the listings on the form for declaration21-2
completed by that owner, the committee shall notify the owner of the21-3
change within 15 days after the change is made. The notification must21-4
contain a statement explaining the owner’s right to challenge the accuracy21-5
of the report made by the committee for assessing livestock.21-6
Sec. 27. NRS 575.180 is hereby amended to read as follows: 575.180 1. When the report of owners of livestock and sheep is21-8
approved by the committee for assessing livestock as complete and21-9
accurate, the approval must be noted on the report. The report must then be21-10
returned to the county assessor , or the division if it is administering the21-11
special tax, and a copy sent to the board, the division unless it is21-12
administering the special tax, and the Nevada beef council.21-13
2. If, as the result of a challenge of the accuracy of the report, any21-14
change is ordered in the report of owners of livestock and sheep after it has21-15
been approved by the committee for assessing livestock,21-16
21-17
recipient of the report or copy must be notified of the change.21-18
Sec. 28. NRS 575.190 is hereby amended to read as follows: 575.190 Using the tax levies from the board, the division and the21-20
Nevada beef council, the county assessor, auditor or treasurer , or the21-21
division if it is administering the special tax, shall calculate the total taxes21-22
due from each owner of livestock or sheep based on the report of owners21-23
of livestock or sheep approved by the committee for assessing livestock.21-24
Sec. 29. NRS 575.200 is hereby amended to read as follows: 575.200 The county treasurer or the assessor , or the division if it is21-26
administering the special tax, shall mail to each owner of livestock or21-27
sheep a bill for the total taxes due from that owner. The billing may be21-28
made from the secured or unsecured tax roll. The bill may be included with21-29
any other tax bill sent by the county assessor or treasurer to that owner.21-30
Failure to receive a tax bill does not excuse the taxpayer from the timely21-31
payment of his taxes.21-32
Sec. 30. Section 13 of this act is hereby amended to read as follows:21-33
Sec. 13. NRS 361.265 is hereby amended to read as follows:21-34
361.265 1. To enable the county assessor to make21-35
assessments, he shall demand from each natural person or firm, and21-36
from the president, cashier, treasurer or managing agent of each21-37
corporation, association or company, including all banking21-38
institutions, associations or firms within his county, a written21-39
statement, signed under penalty of perjury, on forms to be21-40
furnished by the county assessor of all the personal property within21-41
the county, owned, claimed, possessed, controlled or managed by21-42
those persons, firms, corporations, associations or companies.22-1
2. Except as otherwise provided in subsection 5, the statement22-2
must include:22-3
(a) A description of the location of any taxable personal22-4
property that is owned, claimed, possessed, controlled or managed22-5
by the natural person, firm, corporation, association or company,22-6
but stored, maintained or otherwise placed at a location other than22-7
the principal residence of the natural person or principal place of22-8
business of the firm, corporation, association or company; and22-9
(b) The cost of acquisition of each item of taxable personal22-10
property including the cost of any improvements of the personal22-11
property, such as additions to or renovations of the property other22-12
than routine maintenance or repairs.22-13
3. The statement must be returned not later than July 31, except22-14
for a statement mailed to the taxpayer after July 15, in which case it22-15
must be returned within 15 days after demand for its return is22-16
made. Upon petition of the property owner showing good cause,22-17
the county assessor may grant one or more 30-day extensions.22-18
4. If the owners of any taxable property not listed by another22-19
person are absent or unknown, or fail to provide the written22-20
statement as described in subsection 1, the county assessor shall22-21
make an estimate of the value of the property and assess it22-22
accordingly. If the name of the absent owner is known to the22-23
county assessor, the property must be assessed in his name. If the22-24
name of the owner is unknown to the county assessor, the property22-25
must be assessed to "unknown owner"; but no mistake made in the22-26
name of the owner or the supposed owner of personal property22-27
renders the assessment or any sale of the property for taxes invalid.22-28
5. A county assessor may send to an owner of personal22-29
property a statement to sign and return instead of complying with22-30
subsection 2. An owner who claims the exemption provided in22-31
paragraph (d) of subsection 1 of NRS 361.068 shall provide a22-32
signed statement, under oath, that the total cost of acquisition of all22-33
taxable personal property claimed to be exempt is less than22-34
22-35
county assessor.22-36
6. If any person, officer or agent neglects or refuses on demand22-37
of the county assessor or his deputy to give the statement required22-38
by this section, or gives a false name, or refuses to give his name or22-39
sign the statement, he is guilty of a misdemeanor.22-40
Sec. 31. 1. This section and sections 1, 2 and 3 and 7 to 12,22-41
inclusive, and 14 to 29, inclusive, of this act become effective on June 30,22-42
1999.23-1
2. Sections 4 and 13 of this act become effective on June 30, 2000, and23-2
section 4 of this act expires by limitation on June 30, 2001.23-3
3. Sections 5 and 30 of this act become effective at 12:01 a.m. on June23-4
30, 2001, and section 5 of this act expires by limitation on June 30, 2003.23-5
4. Section 6 of this act becomes effective at 12:01 a.m. on June 30,23-6
2003.~