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; and2-1
3. It submits an annual report, certified by the operator or an officer2-2
of the organization operating the course and approved as to form by the2-3
local government, to the governing body of that local government2-4
showing that the golf course has met the requirements of this section and2-5
the governing body of the local government certifies to the county2-6
assessor that the golf course qualifies for treatment as a park.2-7
Sec. 3-6. (Deleted by amdnement.)2-8
Sec. 7. NRS 361.080 is hereby amended to read as follows: 361.080 1. The property of2-10
spouses, not to exceed the amount of $1,000 assessed valuation, is exempt2-11
from taxation, but no such exemption may be allowed to anyone but actual2-12
bona fide residents of this state, and must be allowed in but one county in2-13
this state to the same2-14
2. For the purpose of this section, property in which2-15
2-16
property of the2-17
3. The person claiming such an exemption shall file with the county2-18
assessor an affidavit declaring his residency and that the exemption has2-19
been claimed in no other county in this state for that year. The affidavit2-20
must be made before the county assessor or a notary public. After the2-21
filing of the original affidavit, the county assessor shall mail a form for2-22
renewal of the exemption to the person each year following a year in which2-23
the exemption was allowed for that person. The form must be designed to2-24
facilitate its return by mail by the person claiming the exemption.2-25
4. A surviving spouse is not entitled to the exemption provided by this2-26
section in any fiscal year beginning after his remarriage, even if the2-27
remarriage is later annulled.2-28
Sec. 8. NRS 361.085 is hereby amended to read as follows: 361.085 1. The property of all blind persons, not to exceed the2-30
amount of $3,000 of assessed valuation, is exempt from taxation, including2-31
community property to the extent only of the blind person’s interest therein,2-32
but no such exemption may be allowed to anyone but bona fide residents of2-33
this state, and must be allowed in but one county in this state2-34
2-35
2. The person claiming such an exemption shall file with the county2-36
assessor an affidavit declaring his residency and that the exemption has2-37
been claimed in no other county in this state for that year. The affidavit2-38
must be made before the county assessor or a notary public. After the2-39
filing of the original affidavit, the county assessor shall mail a form for2-40
renewal of the exemption to the person each year following a year in which2-41
the exemption was allowed for that person. The form must be designed to2-42
facilitate its return by mail by the person claiming the exemption.3-1
3. Upon first claiming the exemption in a county the claimant shall3-2
furnish to the assessor a certificate of a physician licensed under the laws of3-3
this state setting forth that he has examined the claimant and has found him3-4
to be a blind person.3-5
4. As used in this section, "blind person" includes any person whose3-6
visual acuity with correcting lenses does not exceed 20/200 in the better3-7
eye, or whose vision in the better eye is restricted to a field which subtends3-8
an angle of not greater than 20° .3-9
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,3-11
of any actual bona fide resident of the State of Nevada who:3-12
(a) Has served a minimum of 90 days on active duty, who was assigned3-13
to active duty at some time between April 21, 1898, and June 15, 1903, or3-14
between April 6, 1917, and November 11, 1918, or between December 7,3-15
1941, and December 31, 1946, or between June 25, 1950, and January 31,3-16
1955;3-17
(b) Has served a minimum of 90 continuous days on active duty none of3-18
which was for training purposes, who was assigned to active duty at some3-19
time between January 1, 1961, and May 7, 1975; or3-20
(c) Has served on active duty in connection with carrying out the3-21
authorization granted to the President of the United States in Public Law3-22
102-1,3-23
and who received, upon severance from service, an honorable discharge or3-24
certificate of satisfactory service from the Armed Forces of the United3-25
States, or who, having so served, is still serving in the Armed Forces of the3-26
United States, is exempt from taxation.3-27
2. For the purpose of this section the first $1,000 assessed valuation of3-28
property in which such a person has any interest shall be deemed the3-29
property of that person.3-30
3. The exemption may be allowed only to a claimant who files an3-31
affidavit with his claim for exemption on real property pursuant to NRS3-32
361.155. The affidavit may be filed at any time by a person claiming3-33
exemption from taxation on personal property.3-34
4. The affidavit must be made before the county assessor or a notary3-35
public and filed with the county assessor .3-36
the affiant is an actual bona fide resident of the State of Nevada who meets3-37
all the other requirements of subsection 1 and that the exemption is claimed3-38
in no other county3-39
affidavit, the county assessor shall mail a form for:3-40
(a) The renewal of the exemption; and3-41
(b) The designation of any amount to be credited to the veterans’ home3-42
account,4-1
to the person each year following a year in which the exemption was4-2
allowed for that person. The form must be designed to facilitate its return4-3
by mail by the person claiming the exemption.4-4
5. Persons in actual military service are exempt during the period of4-5
such service from filing annual affidavits of exemption and the county4-6
assessors shall continue to grant exemption to such persons on the basis of4-7
the original affidavits filed. In the case of any person who has entered the4-8
military service without having previously made and filed an affidavit of4-9
exemption, the affidavit may be filed in his behalf during the period of such4-10
service by any person having knowledge of the facts.4-11
6. Before allowing any veteran’s exemption pursuant to the provisions4-12
of this chapter, the county assessor of each of the several counties of this4-13
state shall require proof of status of the veteran, and for that purpose shall4-14
require production of an honorable discharge or certificate of satisfactory4-15
service or a certified copy thereof, or such other proof of status as may be4-16
necessary.4-17
7. If any person files a false affidavit or produces false proof to the4-18
county assessor, and as a result of the false affidavit or false proof a tax4-19
exemption is allowed to a person not entitled to the exemption, he is guilty4-20
of a gross misdemeanor.4-21
Sec. 10. NRS 361.125 is hereby amended to read as follows: 361.125 1. Except as otherwise provided in subsection 2, churches,4-23
chapels, other than marriage chapels, and other buildings used for religious4-24
worship, with their furniture and equipment, and the lots of ground on4-25
which they stand, used therewith and necessary thereto, owned by some4-26
recognized religious society or corporation, and parsonages so owned, are4-27
exempt from taxation.4-28
2. Except as otherwise provided in NRS 361.157, when any such4-29
property is used exclusively or in part for any other than church purposes,4-30
and a rent or other valuable consideration is received for its use, the4-31
property must be taxed.4-32
3.4-33
4-34
4-35
4-36
4-37
4-38
4-39
4-40
4-41
exemption provided by this section must be prorated for the portion of a4-42
fiscal year during which the religious society or corporation owns the5-1
real property. For the purposes of this subsection, ownership of property5-2
purchased begins on the date of recording of the deed to the purchaser.5-3
Sec. 10.5. NRS 361.1565 is hereby amended to read as follows: 361.1565 The personal property tax exemption to which a5-5
5-6
of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or5-7
361.091 is reduced to the extent that he is allowed an exemption from the5-8
vehicle privilege tax under chapter 371 of NRS.5-9
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 for5-11
any reason is exempt from taxation is leased, loaned or otherwise made5-12
available to and used by a natural person, association, partnership or5-13
corporation in connection with a business conducted for profit or as a5-14
residence, or both, the leasehold interest, possessory interest, beneficial5-15
interest or beneficial use of the lessee or user of the property is subject to5-16
taxation to the extent the:5-17
(a) Portion of the property leased or used; and5-18
(b) Percentage of time during the fiscal year that the property is leased5-19
by the lessee or used by the user,5-20
can be segregated and identified. The taxable value of the interest or use5-21
must be determined in the manner provided in subsection 3 of NRS5-22
361.227.5-23
2. Subsection 1 does not apply to:5-24
(a) Property located upon a public airport, park, market or fairground or5-25
any property owned by a public airport, unless the property owned by the5-26
public airport is not located upon the public airport and the property is5-27
leased, loaned or otherwise made available for purposes other than for the5-28
purposes of a public airport, including, without limitation, residential,5-29
commercial or industrial purposes;5-30
(b) Federal property for which payments are made in lieu of taxes in5-31
amounts equivalent to taxes which might otherwise be lawfully assessed;5-32
(c) Property of any state-supported educational institution;5-33
(d) Property leased or otherwise made available to and used by a natural5-34
person, private association, private corporation, municipal corporation,5-35
quasi-municipal corporation or a political subdivision under the provisions5-36
of the Taylor Grazing Act or by the United States Forest Service or the5-37
Bureau of Reclamation of the United States Department of the Interior;5-38
(e) Property of any Indian or of any Indian tribe, band or community5-39
which is held in trust by the United States or subject to a restriction against5-40
alienation by the United States;5-41
(f) Vending stand locations and facilities operated by blind persons5-42
under the auspices of the bureau of services to the blind and visually5-43
impaired of the rehabilitation division of the department of employment,6-1
training and rehabilitation, whether or not the property is owned by the6-2
federal, state or a local government;6-3
(g) Leases held by a natural person, corporation, association, municipal6-4
corporation, quasi-municipal corporation or political subdivision for6-5
development of geothermal resources, but only for resources which have6-6
not been put into commercial production;6-7
(h) The use of exempt property that is leased, loaned or made available6-8
to a public officer or employee, incident to or in the course of public6-9
employment;6-10
(i) A parsonage owned by a recognized religious society or corporation6-11
when used exclusively as a parsonage;6-12
(j) Property owned by a charitable or religious organization all or a6-13
portion of which is made available to and is used as a residence by a natural6-14
person in connection with carrying out the activities of the organization;6-15
(k) Property owned by a governmental entity and used to provide shelter6-16
at a reduced rate to elderly persons or persons having low incomes;6-17
(l) The occasional rental of meeting rooms or similar facilities for6-18
periods of less than 30 consecutive days; or6-19
(m) The use of exempt property to provide day care for children if the6-20
day care is provided by a nonprofit organization.6-21
3. Taxes must be assessed to lessees or users of exempt real estate and6-22
collected in the same manner as taxes assessed to owners of other real6-23
estate, except that taxes due under this section do not become a lien against6-24
the property. When due, the taxes constitute a debt due from the lessee or6-25
user to the county for which the taxes were assessed and, if unpaid, are6-26
recoverable by the county in the proper court of the county.6-27
6-28
6-29
Sec. 12. NRS 361.260 is hereby amended to read as follows: 361.260 1. Each year, the county assessor, except as otherwise6-31
required by a particular statute, shall ascertain by diligent inquiry and6-32
examination all real and secured personal property that is in his county on6-33
July 1 which is subject to taxation, and also the names of all persons,6-34
corporations, associations, companies or firms owning the property. He6-35
shall then determine the taxable value of all such property and he shall then6-36
list and assess it to the person, firm, corporation, association or company6-37
owning it6-38
any time between May 1 and the following April 30, with respect to6-39
personal property which is to be placed on the unsecured tax roll.6-40
2. At any time before the lien date for the following fiscal year, the6-41
county assessor may include additional personal property and mobile6-42
homes on the secured tax roll if the owner of the personal property or6-43
mobile home owns real property within the same taxing district which has7-1
an assessed value that is equal to or greater than the taxes for 3 years on7-2
both the real property and the personal property or mobile home, plus7-3
penalties. Personal property and mobile homes in the county on July 1, but7-4
not on the secured tax roll for the current year, must be placed on the7-5
unsecured tax roll for the current year.7-6
3. An improvement on real property in existence on July 1 whose7-7
existence was not ascertained in time to be placed on the secured roll for7-8
that tax year and which is not governed by subsection 4 must be placed on7-9
the unsecured tax roll.7-10
4. The value of any property apportioned among counties pursuant to7-11
NRS 361.320, 361.321 and 361.323 must be added to the central7-12
assessment roll at the assessed value established by the Nevada tax7-13
commission or as established pursuant to an appeal to the state board of7-14
equalization.7-15
5.7-16
7-17
7-18
7-19
for any property not reappraised in the current assessment year, the county7-20
assessor shall determine its assessed value for that year by applying a factor7-21
for improvements, if any, and a factor for land to the assessed value for the7-22
preceding year. The factor for improvements must reasonably represent the7-23
change, if any, in the taxable value of typical improvements in the area7-24
since the preceding year, and must take into account all applicable7-25
depreciation and obsolescence. The factor for improvements must be7-26
adopted by the Nevada tax commission. The factor for land must be7-27
developed by the county assessor and approved by the commission. The7-28
factor for land must be so chosen that the median ratio of the assessed value7-29
of the land to the taxable value of the land in each area subject to the factor7-30
is not less than 30 percent nor more than 35 percent.7-31
7-32
once every 5 years.7-33
7-34
of county commissioners and the governing body of each of the local7-35
governments located in the county which maintain a unit of government7-36
that issues building permits for a copy of each building permit that is7-37
issued. Upon receipt of such a request, the governing body shall direct the7-38
unit which issues the permits to provide a copy of each permit to the county7-39
assessor within a reasonable time after issuance.7-40
Sec. 13. (Deleted by amendment.)7-41
Sec. 14. NRS 361.5644 is hereby amended to read as follows: 361.5644 1. If the purchaser, repossessor or other owner of a mobile7-43
or manufactured home fails to comply with the provisions of subsection 18-1
of NRS 361.562 within the required time, the county assessor shall collect a8-2
penalty, which must be added to the tax and collected therewith in the8-3
amount of 10 percent of the tax due .8-4
8-5
8-6
8-7
8-8
8-9
8-10
8-11
2. If any person required to pay a personal property tax under the8-12
provisions of NRS 361.562 neglects or refuses to pay the tax on demand of8-13
the county assessor, the county assessor or his deputy shall seize the mobile8-14
or manufactured home upon which the taxes are due and proceed in8-15
accordance with the provisions of NRS 361.535.8-16
3. The tax is due and the tax and any penalty must be computed for8-17
each fiscal year from the date of purchase within or importation into this8-18
state.8-19
Sec. 15. NRS 361.767 is hereby amended to read as follows: 361.767 1. If the county assessor determines that certain personal8-21
property was not assessed, he may assess the property based upon its8-22
taxable value in the year in which it was not assessed.8-23
2. If the county assessor determines that certain personal property was8-24
underassessed because it was incorrectly reported by the owner, the8-25
assessor may assess the property based upon its taxable value in the year in8-26
which it was underassessed. He may then send an additional tax bill for an8-27
amount which represents the difference between the reported value and the8-28
taxable value for each year.8-29
3. The assessments provided for in subsections 1 and 2 may be made at8-30
any time within 3 years after the end of the fiscal year in which the taxes8-31
would have been due. The tax bill must specify the fiscal year for which the8-32
tax is due and the applicable rate and whether it is for property which was8-33
not assessed or for property which was underassessed.8-34
4. If property is not assessed or is underassessed because the owner8-35
submitted an incorrect written statement or failed to submit a written8-36
statement required pursuant to subsection 1 of NRS 361.265, there must be8-37
added to the taxes due a penalty in the amount of 20 percent of the tax for8-38
each year the property was not assessed or was underassessed. The county8-39
assessor may waive this penalty if he finds extenuating circumstances8-40
sufficient to justify the waiver.8-41
Sec. 16. NRS 361A.283 is hereby amended to read as follows: 361A.283 1. If the county assessor determines that the deferred tax8-43
for any fiscal year or years was not assessed in the year it became due, he9-1
may assess it anytime within 5 fiscal years after the end of the fiscal year in9-2
which a parcel or portion of a parcel was converted to a higher use.9-3
2. If the county assessor determines that a parcel was assessed for9-4
agricultural use rather than at full taxable value for any fiscal year in which9-5
it did not qualify for agricultural assessment, he may assess the deferred tax9-6
for that year anytime within 5 years after the end of that fiscal year.9-7
3. A penalty equal to 20 percent of the total accumulated deferred tax9-8
described in subsections 1 and 2 must be added for each of the years in9-9
which the owner failed to provide the written notice required by NRS9-10
361A.270. The county assessor may waive this penalty if he finds9-11
extenuating circumstances sufficient to justify the waiver.9-12
Sec. 16.3. NRS 371.101 is hereby amended to read as follows: 371.101 1. Vehicles registered by9-14
surviving spouses, not to exceed the amount of $1,000 determined9-15
valuation, are exempt from taxation, but the exemption must not be allowed9-16
to anyone but actual bona fide residents of this state, and must be filed in9-17
but one county in this state to the same9-18
2. For the purpose of this section, vehicles in which9-19
9-20
belong entirely to that9-21
3. The person claiming the exemption shall file with the department in9-22
the county where the exemption is claimed an affidavit declaring his9-23
residency and that the exemption has been claimed in no other county in9-24
this state for that year. The affidavit must be made before the county9-25
assessor or a notary public. After the filing of the original affidavit, the9-26
county assessor shall mail a form for renewal of the exemption to the9-27
person each year following a year in which the exemption was allowed for9-28
that person. The form must be designed to facilitate its return by mail by9-29
the person claiming the exemption.9-30
4. A surviving spouse is not entitled to the exemption provided by this9-31
section in any fiscal year beginning after his remarriage, even if the9-32
remarriage is later annulled.9-33
Sec. 16.5. NRS 371.102 is hereby amended to read as follows: 371.102 1. Vehicles registered by a blind person, not to exceed the9-35
amount of $3,000 determined valuation, are exempt from taxation, but the9-36
exemption must not be allowed to anyone but bona fide residents of this9-37
state, and must be filed in but one county in this state9-38
on account of the same blind person.9-39
2. The person claiming the exemption shall file with the department in9-40
the county where the exemption is claimed an affidavit declaring his9-41
residency and that the exemption has been claimed in no other county in9-42
this state for that year. The affidavit must be made before the county9-43
assessor or a notary public. After the filing of the original affidavit, the10-1
county assessor shall mail a form for renewal of the exemption to the10-2
person each year following a year in which the exemption was allowed for10-3
that person. The form must be designed to facilitate its return by mail by10-4
the person claiming the exemption.10-5
3. Upon first claiming10-6
shall furnish to the department a certificate of a physician licensed under10-7
the laws of this state setting forth that he has examined the claimant and has10-8
found him to be a blind person.10-9
4. As used in this section, "blind person" includes any person whose10-10
visual acuity with correcting lenses does not exceed 20/200 in the better10-11
eye, or whose vision in the better eye is restricted to a field which subtends10-12
an angle of not greater than 20° .10-13
Sec. 16.7. NRS 371.103 is hereby amended to read as follows: 371.103 1. Vehicles, to the extent of $1,000 determined valuation,10-15
registered by any actual bona fide resident of the State of Nevada who:10-16
(a) Has served a minimum of 90 days on active duty, who was assigned10-17
to active duty at some time between April 21, 1898, and June 15, 1903, or10-18
between April 6, 1917, and November 11, 1918, or between December 7,10-19
1941, and December 31, 1946, or between June 25, 1950, and January 31,10-20
1955;10-21
(b) Has served a minimum of 90 continuous days on active duty none of10-22
which was for training purposes, who was assigned to active duty at some10-23
time between January 1, 1961, and May 7, 1975; or10-24
(c) Has served on active duty in connection with carrying out the10-25
authorization granted to the President of the United States in Public Law10-26
102-1,10-27
and who received, upon severance from service, an honorable discharge or10-28
certificate of satisfactory service from the Armed Forces of the United10-29
States, or who, having so served, is still serving in the Armed Forces of the10-30
United States, is exempt from taxation.10-31
2. For the purpose of this section the first $1,000 determined valuation10-32
of vehicles in which such a person has any interest shall be deemed to10-33
belong to that person.10-34
3. A person claiming the exemption shall file annually with the10-35
department in the county where the exemption is claimed an affidavit10-36
declaring that he is an actual bona fide resident of the State of Nevada who10-37
meets all the other requirements of subsection 1, and that the exemption is10-38
claimed in no other county10-39
made before the county assessor or a notary public. After the filing of the10-40
original affidavit, the county assessor shall mail a form for:10-41
(a) The renewal of the exemption; and11-1
(b) The designation of any amount to be credited to the veterans’ home11-2
account,11-3
to the person each year following a year in which the exemption was11-4
allowed for that person. The form must be designed to facilitate its return11-5
by mail by the person claiming the exemption.11-6
4. Persons in actual military service are exempt during the period of11-7
such service from filing annual affidavits of exemption and the department11-8
shall grant exemptions to those persons on the basis of the original11-9
affidavits filed. In the case of any person who has entered the military11-10
service without having previously made and filed an affidavit of exemption,11-11
the affidavit may be filed in his behalf during the period of such service by11-12
any person having knowledge of the facts.11-13
5. Before allowing any veteran’s exemption pursuant to the provisions11-14
of this chapter, the department shall require proof of status of the veteran,11-15
and for that purpose shall require production of an honorable discharge or11-16
certificate of satisfactory service or a certified copy thereof, or such other11-17
proof of status as may be necessary.11-18
6. If any person files a false affidavit or produces false proof to the11-19
department, and as a result of the false affidavit or false proof a tax11-20
exemption is allowed to a person not entitled to the exemption, he is guilty11-21
of a gross misdemeanor.11-22
Sec. 17. NRS 482.180 is hereby amended to read as follows: 482.180 1. The motor vehicle fund is hereby created as an agency11-24
fund. Except as otherwise provided in subsection 4 or by a specific statute,11-25
all money received or collected by the department must be deposited in the11-26
state treasury for credit to the motor vehicle fund.11-27
2. The interest and income on the money in the motor vehicle fund,11-28
after deducting any applicable charges, must be credited to the state11-29
highway fund.11-30
3. Any check accepted by the department in payment of vehicle11-31
privilege tax or any other fee required to be collected pursuant to this11-32
chapter must, if it is dishonored upon presentation for payment, be charged11-33
back against the motor vehicle fund or the county to which the payment11-34
was credited, in the proper proportion.11-35
4. All money received or collected by the department for the basic11-36
vehicle privilege tax must be deposited in the local government tax11-37
distribution account, created by NRS 360.660, for credit to the appropriate11-38
county pursuant to subsection 6.11-39
5. Money for the administration of the provisions of this chapter must11-40
be provided by direct legislative appropriation from the state highway fund,11-41
upon the presentation of budgets in the manner required by law. Out of the11-42
appropriation the department shall pay every item of expense.12-1
6. The privilege tax collected on vehicles subject to the provisions of12-2
chapter 706 of NRS and engaged in interstate or intercounty operation must12-3
be distributed among the counties in the following percentages:12-4
Carson City 1.07 percent Lincoln 3.12 percent12-5
Churchill 5.21 percent Lyon 2.90 percent12-6
Clark 22.54 percent Mineral 2.40 percent12-7
Douglas 2.52 percent Nye 4.09 percent12-8
Elko 13.31 percent Pershing 7.00 percent12-9
Esmeralda 2.52 percent Storey .19 percent12-10
Eureka 3.10 percent Washoe 12.24 percent12-11
Humboldt 8.25 percent White Pine 5.66 percent12-12
Lander 3.88 percent12-13
The distributions must be allocated among local governments within the12-14
respective counties pursuant to the provisions of NRS 482.181.12-15
7.12-16
12-17
12-18
12-19
12-20
privilege tax collected by the department as a commission. From the12-21
amount of privilege tax collected by a county assessor, the state12-22
controller shall credit 1 percent to the department as a commission and12-23
remit 5 percent to the county for credit to its general fund as commission12-24
for the services of the county assessor.12-25
8. When the requirements of this section and NRS 482.181 have been12-26
met, and when directed by the department, the state controller shall transfer12-27
monthly to the state highway fund any balance in the motor vehicle fund.12-28
9. If a statute requires that any money in the motor vehicle fund be12-29
transferred to another fund or account, the department shall direct the12-30
controller to transfer the money in accordance with the statute.12-31
Sec. 18. NRS 489.511 is hereby amended to read as follows: 489.511 1. If a used or rebuilt manufactured home, mobile home or12-33
commercial coach is sold in this state by a dealer or rebuilder, the dealer or12-34
rebuilder shall complete a dealer’s or rebuilder’s report of sale. The report12-35
must be in a form prescribed by the division and include a description of12-36
the manufactured home, mobile home or commercial coach, the name and12-37
address of the seller and the name and address of the buyer. If a security12-38
interest exists at the time of the sale, or if in connection with the sale a12-39
security interest is taken or retained by the seller, dealer or rebuilder to12-40
secure all or part of the purchase price, or a security interest is taken by a12-41
person who gives value to enable the buyer to acquire rights in the13-1
manufactured home, mobile home or commercial coach, the name and13-2
address of the secured party must be entered on the dealer’s or rebuilder’s13-3
report of sale.13-4
2. The dealer or rebuilder shall submit the original of the dealer’s or13-5
rebuilder’s report of sale to the division within 45 days after the execution13-6
of all instruments which the contract of sale requires to be executed at the13-7
time of the sale, unless an extension of time is granted by the division,13-8
together with the endorsed certificate of title or certificate of ownership13-9
previously issued. The dealer or rebuilder shall furnish one copy of the13-10
report of sale to the buyer at the time of the sale. Within 45 days after the13-11
sale, the dealer or rebuilder shall furnish one copy of the report of sale to13-12
the assessor of the county in which the manufactured home, mobile home13-13
or commercial coach will be located.13-14
3. The dealer or rebuilder shall require the buyer to sign an13-15
acknowledgment of taxes, on a form prescribed by the division, which13-16
includes a statement that the manufactured home, mobile home or13-17
commercial coach is taxable in the county in which it is located. The13-18
dealer shall deliver the buyer’s copy of the acknowledgment to him at the13-19
time of sale and submit another copy to the county assessor of the county13-20
in which the manufactured home, mobile home or commercial coach is13-21
to be located.13-22
4. If a used or rebuilt manufactured home, mobile home or commercial13-23
coach is sold by a dealer or rebuilder pursuant to an installment contract or13-24
other agreement by which the certificate of title or certificate of ownership13-25
does not pass immediately from the seller to the buyer upon the sale, the13-26
dealer or rebuilder shall submit to the division any information required by13-27
the regulations adopted by the administrator pursuant to NRS 489.272.13-28
Sec. 19. NRS 562.160 is hereby amended to read as follows: 562.160 Upon receipt of the reports from the committee for assessing13-30
livestock pursuant to NRS 575.180, the board shall fix the rate to be levied13-31
each year as provided for in NRS 562.170 and shall send notice of it to the13-32
county assessor or treasurer of each county that administers the special13-33
tax, and to the division of agriculture of the department of business and13-34
industry on or before the first Monday in May of each year.13-35
Sec. 20. NRS 567.110 is hereby amended to read as follows: 567.110 1. Upon receipt of the reports from the committee for13-37
assessing livestock pursuant to NRS 575.180, the state board of sheep13-38
commissioners, acting as the committee to control predatory animals, may13-39
levy an annual special tax of not to exceed the equivalent of 20 cents per13-40
head on all sheep and goats.13-41
2. The special tax is designated as the tax for control of predatory13-42
animals.14-1
3. Notice of the tax must be sent by the board to the county assessor or14-2
treasurer of each county that is administering the special taxes on14-3
livestock, and to the division of agriculture of the department of business14-4
and industry on or before the first Monday in May of each year.14-5
Sec. 21. NRS 571.035 is hereby amended to read as follows: 571.035 1. Upon receipt of the reports from the committee for14-7
assessing livestock pursuant to NRS 575.180, the division shall fix the14-8
amount of the annual special tax on each head of the following specified14-9
classes of livestock, which , except as otherwise provided in subsection 4,14-10
must not exceed the following rates per head for each class:14-11
Class Rate per head14-12
Stock cattle $0.2814-13
Dairy cattle .5314-14
Horses .7514-15
Mules .7514-16
Burros or asses .7514-17
Hogs and pigs .0714-18
Goats .0614-19
2. As used in subsection 1:14-20
(a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are14-21
more than 6 months old.14-22
(b) "Stock cattle" are:14-23
(1) Steers of any breed and other weaned calves of the beef breeds14-24
that are more than 6 months old; and14-25
(2) Bulls, cows and older heifers of the beef breeds.14-26
(c) The classes consisting of horses, mules, and burros and asses exclude14-27
animals that are less than 1 year old.14-28
3. The division shall send notice of the annual special tax on each head14-29
of the specified classes of livestock to the county assessor or treasurer of14-30
each county on or before the first Monday in May of each year14-31
14-32
division makes the election provided in subsection 7.14-33
4. The minimum special tax due annually pursuant to this section from14-34
each owner of livestock is $5.14-35
5. Upon the receipt of payment of the special tax and the report thereof14-36
by the state controller, the division shall credit the amount of the tax as paid14-37
on its records.14-38
6. The special taxes paid by an owner of livestock, when transmitted to14-39
the state treasurer, must be deposited in the livestock inspection account.15-1
7. The division may elect to perform the duties otherwise performed15-2
by the county assessor and county treasurer under NRS 575.100 to15-3
575.140, inclusive.15-4
Sec. 22. NRS 575.090 is hereby amended to read as follows: 575.090 1. There is hereby created in each county a committee for15-6
assessing livestock composed of:15-7
(a) Two persons who own livestock in the county and who are appointed15-8
by the state board of agriculture;15-9
(b) One person who owns sheep in the county and who is appointed by15-10
the board or, if there is no owner of sheep in the county, another person15-11
who owns livestock in the county who is appointed by the state board of15-12
agriculture;15-13
(c) A brand inspector who is designated by the administrator of the15-14
division; and15-15
(d)15-16
special tax, another person who owns livestock, appointed by the state15-17
board of agriculture, otherwise the county assessor or a person designated15-18
by him.15-19
2. Except as otherwise provided in this subsection, the term of each15-20
member is 2 years, and any vacancy must be filled by appointment for the15-21
unexpired term. The term of the county assessor expires upon the15-22
expiration of the term of his office. A person designated by the county15-23
assessor serves at the pleasure of the county assessor. The brand inspector15-24
serves at the pleasure of the administrator of the division.15-25
3. While engaged in official business of the committee for assessing15-26
livestock, each member of the committee is entitled to:15-27
(a) A salary not exceeding $60 per day for attending meetings or15-28
performing other official business, to be paid from any money available to15-29
the division.15-30
(b) The per diem allowance and travel expenses fixed for state officers15-31
and employees.15-32
Sec. 23. NRS 575.120 is hereby amended to read as follows: 575.120 1. The division shall prepare a form for declaration of15-34
livestock and sheep on which an owner of livestock or sheep shall declare15-35
the average number, kind and classification of all livestock and sheep in the15-36
state owned by him during the year immediately preceding the date the15-37
declaration is made.15-38
2. Before May 6 of each year, the division shall distribute the form for15-39
declaration to15-40
special tax is administered by the county.15-41
3. In other counties, the division shall mail the declaration directly to15-42
each owner of livestock or sheep.16-1
Sec. 24. NRS 575.130 is hereby amended to read as follows: 575.130 1.16-3
administered by the county, the county assessor shall mail the form for16-4
declaration to each owner of livestock or sheep listed in his most current16-5
report of such owners. He may include the form with any other mailing sent16-6
by him to that owner.16-7
2. An owner of livestock or sheep who fails to complete and return the16-8
form for declaration within 30 days after the date it was mailed to him is16-9
subject to a penalty of $5 assessed by the committee.16-10
Sec. 25. NRS 575.140 is hereby amended to read as follows: 575.140 The county assessor or the division shall forward to the16-12
committee for assessing livestock all of the completed forms for declaration16-13
of livestock and sheep received by him and a copy of his most current16-14
report of owners of livestock and sheep. This report may show a parcel16-15
number and must include the name and address of each owner and the16-16
number, kind and classification of the livestock and sheep belonging to16-17
each owner.16-18
Sec. 26. NRS 575.150 is hereby amended to read as follows: 575.150 1. Upon receipt of the forms for declaration of livestock and16-20
sheep and the report of owners of livestock and sheep from the county16-21
assessor16-22
(a) Make an estimate of the number, kind and classification of all16-23
livestock and sheep owned by any person failing to return the form for16-24
declaration of livestock and sheep and include that information on the16-25
report; and16-26
(b) Examine each completed form for declaration of livestock and sheep16-27
and the report to determine its accuracy, and if there is any evidence that16-28
any information is inaccurate or incomplete, may change and correct any16-29
listing as to number, kind, classification, ownership or location by adding16-30
thereto or deducting therefrom as necessary to make the report complete16-31
and accurate.16-32
2. The committee for assessing livestock may verify the number of16-33
livestock or sheep by any reasonable means, including actual count at any16-34
reasonable time.16-35
3. If the committee for assessing livestock changes the listings on the16-36
report of owners of livestock and sheep for any owner and the listing for16-37
that owner does not conform to the listings on the form for declaration16-38
completed by that owner, the committee shall notify the owner of the16-39
change within 15 days after the change is made. The notification must16-40
contain a statement explaining the owner’s right to challenge the accuracy16-41
of the report made by the committee for assessing livestock.17-1
Sec. 27. NRS 575.180 is hereby amended to read as follows: 575.180 1. When the report of owners of livestock and sheep is17-3
approved by the committee for assessing livestock as complete and17-4
accurate, the approval must be noted on the report. The report must then be17-5
returned to the county assessor , or the division if it is administering the17-6
special tax, and a copy sent to the board, the division unless it is17-7
administering the special tax, and the Nevada beef council.17-8
2. If, as the result of a challenge of the accuracy of the report, any17-9
change is ordered in the report of owners of livestock and sheep after it has17-10
been approved by the committee for assessing livestock,17-11
17-12
recipient of the report or copy must be notified of the change.17-13
Sec. 28. NRS 575.190 is hereby amended to read as follows: 575.190 Using the tax levies from the board, the division and the17-15
Nevada beef council, the county assessor, auditor or treasurer , or the17-16
division if it is administering the special tax, shall calculate the total taxes17-17
due from each owner of livestock or sheep based on the report of owners of17-18
livestock or sheep approved by the committee for assessing livestock.17-19
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 is17-21
administering the special tax, shall mail to each owner of livestock or17-22
sheep a bill for the total taxes due from that owner. The billing may be17-23
made from the secured or unsecured tax roll. The bill may be included with17-24
any other tax bill sent by the county assessor or treasurer to that owner.17-25
Failure to receive a tax bill does not excuse the taxpayer from the timely17-26
payment of his taxes.17-27
Sec. 30. (Deleted by amendment.)17-28
Sec. 31. This section and sections 1, 2 and 7 to 12, inclusive, and 14 to17-29
29, inclusive, of this act become effective on June 30, 1999.~