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.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to taxation; making various changes in the provisions governing the exemption and assessment of property for taxation; revising the provisions governing the administration and collection of certain taxes; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 of

1-5 the improvement passes to the local government as lessor upon

1-6 completion of the improvement or expiration of the lease, shall be

1-7 deemed to be a park within the meaning of paragraph (a) of subsection 2

1-8 of NRS 361.157 if:

1-9 1. Each year, the operator of the golf course makes at least one-half

1-10 of the total available times to begin a round of golf available to residents

1-11 of the county in which the course is located;

1-12 2. The golf course charges those residents no more than one-half of

1-13 the seasonally adjusted maximum fee charged to nonresidents for

1-14 playing golf, excluding any charge for renting carts, or provides a

1-15 program of discounts to residents that is approved by the local

1-16 government in which the course is located; and

2-1 3. It submits an annual report, certified by the operator or an officer

2-2 of the organization operating the course and approved as to form by the

2-3 local government, to the governing body of that local government

2-4 showing that the golf course has met the requirements of this section and

2-5 the governing body of the local government certifies to the county

2-6 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:

2-9 361.080 1. The property of [widows and orphan children,] surviving

2-10 spouses, not to exceed the amount of $1,000 assessed valuation, is exempt

2-11 from taxation, but no such exemption may be allowed to anyone but actual

2-12 bona fide residents of this state, and must be allowed in but one county in

2-13 this state to the same [family.] surviving spouse.

2-14 2. For the purpose of this section, property in which [the widow or

2-15 orphan child] a surviving spouse has any interest shall be deemed the

2-16 property of the [widow or orphan child.] surviving spouse.

2-17 3. The person claiming such an exemption shall file with the county

2-18 assessor an affidavit declaring his residency and that the exemption has

2-19 been claimed in no other county in this state for that year. The affidavit

2-20 must be made before the county assessor or a notary public. After the

2-21 filing of the original affidavit, the county assessor shall mail a form for

2-22 renewal of the exemption to the person each year following a year in which

2-23 the exemption was allowed for that person. The form must be designed to

2-24 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 this

2-26 section in any fiscal year beginning after his remarriage, even if the

2-27 remarriage is later annulled.

2-28 Sec. 8. NRS 361.085 is hereby amended to read as follows:

2-29 361.085 1. The property of all blind persons, not to exceed the

2-30 amount of $3,000 of assessed valuation, is exempt from taxation, including

2-31 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 of

2-33 this state, and must be allowed in but one county in this state [to the same

2-34 family.] on account of the same blind person.

2-35 2. The person claiming such an exemption shall file with the county

2-36 assessor an affidavit declaring his residency and that the exemption has

2-37 been claimed in no other county in this state for that year. The affidavit

2-38 must be made before the county assessor or a notary public. After the

2-39 filing of the original affidavit, the county assessor shall mail a form for

2-40 renewal of the exemption to the person each year following a year in which

2-41 the exemption was allowed for that person. The form must be designed to

2-42 facilitate its return by mail by the person claiming the exemption.

3-1 3. Upon first claiming the exemption in a county the claimant shall

3-2 furnish to the assessor a certificate of a physician licensed under the laws of

3-3 this state setting forth that he has examined the claimant and has found him

3-4 to be a blind person.

3-5 4. As used in this section, "blind person" includes any person whose

3-6 visual acuity with correcting lenses does not exceed 20/200 in the better

3-7 eye, or whose vision in the better eye is restricted to a field which subtends

3-8 an angle of not greater than 20° .

3-9 Sec. 9. NRS 361.090 is hereby amended to read as follows:

3-10 361.090 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 assigned

3-13 to active duty at some time between April 21, 1898, and June 15, 1903, or

3-14 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 of

3-18 which was for training purposes, who was assigned to active duty at some

3-19 time between January 1, 1961, and May 7, 1975; or

3-20 (c) Has served on active duty in connection with carrying out the

3-21 authorization granted to the President of the United States in Public Law

3-22 102-1,

3-23 and who received, upon severance from service, an honorable discharge or

3-24 certificate of satisfactory service from the Armed Forces of the United

3-25 States, or who, having so served, is still serving in the Armed Forces of the

3-26 United States, is exempt from taxation.

3-27 2. For the purpose of this section the first $1,000 assessed valuation of

3-28 property in which such a person has any interest shall be deemed the

3-29 property of that person.

3-30 3. The exemption may be allowed only to a claimant who files an

3-31 affidavit with his claim for exemption on real property pursuant to NRS

3-32 361.155. The affidavit may be filed at any time by a person claiming

3-33 exemption from taxation on personal property.

3-34 4. The affidavit must be made before the county assessor or a notary

3-35 public and filed with the county assessor . [to the effect] It must state that

3-36 the affiant is an actual bona fide resident of the State of Nevada who meets

3-37 all the other requirements of subsection 1 and that the exemption is claimed

3-38 in no other county [within] in this state. After the filing of the original

3-39 affidavit, the county assessor shall mail a form for:

3-40 (a) The renewal of the exemption; and

3-41 (b) The designation of any amount to be credited to the veterans’ home

3-42 account,

4-1 to the person each year following a year in which the exemption was

4-2 allowed for that person. The form must be designed to facilitate its return

4-3 by mail by the person claiming the exemption.

4-4 5. Persons in actual military service are exempt during the period of

4-5 such service from filing annual affidavits of exemption and the county

4-6 assessors shall continue to grant exemption to such persons on the basis of

4-7 the original affidavits filed. In the case of any person who has entered the

4-8 military service without having previously made and filed an affidavit of

4-9 exemption, the affidavit may be filed in his behalf during the period of such

4-10 service by any person having knowledge of the facts.

4-11 6. Before allowing any veteran’s exemption pursuant to the provisions

4-12 of this chapter, the county assessor of each of the several counties of this

4-13 state shall require proof of status of the veteran, and for that purpose shall

4-14 require production of an honorable discharge or certificate of satisfactory

4-15 service or a certified copy thereof, or such other proof of status as may be

4-16 necessary.

4-17 7. If any person files a false affidavit or produces false proof to the

4-18 county assessor, and as a result of the false affidavit or false proof a tax

4-19 exemption is allowed to a person not entitled to the exemption, he is guilty

4-20 of a gross misdemeanor.

4-21 Sec. 10. NRS 361.125 is hereby amended to read as follows:

4-22 361.125 1. Except as otherwise provided in subsection 2, churches,

4-23 chapels, other than marriage chapels, and other buildings used for religious

4-24 worship, with their furniture and equipment, and the lots of ground on

4-25 which they stand, used therewith and necessary thereto, owned by some

4-26 recognized religious society or corporation, and parsonages so owned, are

4-27 exempt from taxation.

4-28 2. Except as otherwise provided in NRS 361.157, when any such

4-29 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, the

4-31 property must be taxed.

4-32 3. [If a recognized religious society or corporation leases or rents space

4-33 to facilitate worship during the same fiscal year in which it owns a parcel of

4-34 vacant land with the intent of constructing a church or chapel, other than a

4-35 marriage chapel, on that land and the society or corporation has no other

4-36 church or chapel in the county, the parcel of land is exempt from taxation

4-37 for not more than 3 consecutive years. If a church or chapel has not been

4-38 constructed by the end of the third year of exemption or the property is sold

4-39 before that date, the exemption is voided and the taxes must be paid for the

4-40 years for which an exemption pursuant to this subsection was claimed.] The

4-41 exemption provided by this section must be prorated for the portion of a

4-42 fiscal year during which the religious society or corporation owns the

5-1 real property. For the purposes of this subsection, ownership of property

5-2 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:

5-4 361.1565 The personal property tax exemption to which a [widow,

5-5 orphan child,] surviving spouse, blind person, veteran or surviving spouse

5-6 of a disabled veteran is entitled under NRS 361.080, 361.085, 361.090 or

5-7 361.091 is reduced to the extent that he is allowed an exemption from the

5-8 vehicle privilege tax under chapter 371 of NRS.

5-9 Sec. 11. NRS 361.157 is hereby amended to read as follows:

5-10 361.157 1. When any real estate or portion of real estate which for

5-11 any reason is exempt from taxation is leased, loaned or otherwise made

5-12 available to and used by a natural person, association, partnership or

5-13 corporation in connection with a business conducted for profit or as a

5-14 residence, or both, the leasehold interest, possessory interest, beneficial

5-15 interest or beneficial use of the lessee or user of the property is subject to

5-16 taxation to the extent the:

5-17 (a) Portion of the property leased or used; and

5-18 (b) Percentage of time during the fiscal year that the property is leased

5-19 by the lessee or used by the user,

5-20 can be segregated and identified. The taxable value of the interest or use

5-21 must be determined in the manner provided in subsection 3 of NRS

5-22 361.227.

5-23 2. Subsection 1 does not apply to:

5-24 (a) Property located upon a public airport, park, market or fairground or

5-25 any property owned by a public airport, unless the property owned by the

5-26 public airport is not located upon the public airport and the property is

5-27 leased, loaned or otherwise made available for purposes other than for the

5-28 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 in

5-31 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 natural

5-34 person, private association, private corporation, municipal corporation,

5-35 quasi-municipal corporation or a political subdivision under the provisions

5-36 of the Taylor Grazing Act or by the United States Forest Service or the

5-37 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 community

5-39 which is held in trust by the United States or subject to a restriction against

5-40 alienation by the United States;

5-41 (f) Vending stand locations and facilities operated by blind persons

5-42 under the auspices of the bureau of services to the blind and visually

5-43 impaired of the rehabilitation division of the department of employment,

6-1 training and rehabilitation, whether or not the property is owned by the

6-2 federal, state or a local government;

6-3 (g) Leases held by a natural person, corporation, association, municipal

6-4 corporation, quasi-municipal corporation or political subdivision for

6-5 development of geothermal resources, but only for resources which have

6-6 not been put into commercial production;

6-7 (h) The use of exempt property that is leased, loaned or made available

6-8 to a public officer or employee, incident to or in the course of public

6-9 employment;

6-10 (i) A parsonage owned by a recognized religious society or corporation

6-11 when used exclusively as a parsonage;

6-12 (j) Property owned by a charitable or religious organization all or a

6-13 portion of which is made available to and is used as a residence by a natural

6-14 person in connection with carrying out the activities of the organization;

6-15 (k) Property owned by a governmental entity and used to provide shelter

6-16 at a reduced rate to elderly persons or persons having low incomes;

6-17 (l) The occasional rental of meeting rooms or similar facilities for

6-18 periods of less than 30 consecutive days; or

6-19 (m) The use of exempt property to provide day care for children if the

6-20 day care is provided by a nonprofit organization.

6-21 3. Taxes must be assessed to lessees or users of exempt real estate and

6-22 collected in the same manner as taxes assessed to owners of other real

6-23 estate, except that taxes due under this section do not become a lien against

6-24 the property. When due, the taxes constitute a debt due from the lessee or

6-25 user to the county for which the taxes were assessed and, if unpaid, are

6-26 recoverable by the county in the proper court of the county.

6-27 [4. As used in this section, the term "park" does not include a golf

6-28 course.]

6-29 Sec. 12. NRS 361.260 is hereby amended to read as follows:

6-30 361.260 1. Each year, the county assessor, except as otherwise

6-31 required by a particular statute, shall ascertain by diligent inquiry and

6-32 examination all real and secured personal property that is in his county on

6-33 July 1 which is subject to taxation, and also the names of all persons,

6-34 corporations, associations, companies or firms owning the property. He

6-35 shall then determine the taxable value of all such property and he shall then

6-36 list and assess it to the person, firm, corporation, association or company

6-37 owning it [.] on July 1 of that fiscal year. He shall take the same action at

6-38 any time between May 1 and the following April 30, with respect to

6-39 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, the

6-41 county assessor may include additional personal property and mobile

6-42 homes on the secured tax roll if the owner of the personal property or

6-43 mobile home owns real property within the same taxing district which has

7-1 an assessed value that is equal to or greater than the taxes for 3 years on

7-2 both the real property and the personal property or mobile home, plus

7-3 penalties. Personal property and mobile homes in the county on July 1, but

7-4 not on the secured tax roll for the current year, must be placed on the

7-5 unsecured tax roll for the current year.

7-6 3. An improvement on real property in existence on July 1 whose

7-7 existence was not ascertained in time to be placed on the secured roll for

7-8 that tax year and which is not governed by subsection 4 must be placed on

7-9 the unsecured tax roll.

7-10 4. The value of any property apportioned among counties pursuant to

7-11 NRS 361.320, 361.321 and 361.323 must be added to the central

7-12 assessment roll at the assessed value established by the Nevada tax

7-13 commission or as established pursuant to an appeal to the state board of

7-14 equalization.

7-15 5. [In arriving at the taxable value of all public utilities of an

7-16 intracounty nature, the intangible or franchise element must be considered

7-17 as an addition to the physical value and a portion of the taxable value.

7-18 6.] In addition to the inquiry and examination required in subsection 1,

7-19 for any property not reappraised in the current assessment year, the county

7-20 assessor shall determine its assessed value for that year by applying a factor

7-21 for improvements, if any, and a factor for land to the assessed value for the

7-22 preceding year. The factor for improvements must reasonably represent the

7-23 change, if any, in the taxable value of typical improvements in the area

7-24 since the preceding year, and must take into account all applicable

7-25 depreciation and obsolescence. The factor for improvements must be

7-26 adopted by the Nevada tax commission. The factor for land must be

7-27 developed by the county assessor and approved by the commission. The

7-28 factor for land must be so chosen that the median ratio of the assessed value

7-29 of the land to the taxable value of the land in each area subject to the factor

7-30 is not less than 30 percent nor more than 35 percent.

7-31 [7.] 6. The county assessor shall reappraise all real property at least

7-32 once every 5 years.

7-33 [8.] 7. Each county assessor shall submit a written request to the board

7-34 of county commissioners and the governing body of each of the local

7-35 governments located in the county which maintain a unit of government

7-36 that issues building permits for a copy of each building permit that is

7-37 issued. Upon receipt of such a request, the governing body shall direct the

7-38 unit which issues the permits to provide a copy of each permit to the county

7-39 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:

7-42 361.5644 1. If the purchaser, repossessor or other owner of a mobile

7-43 or manufactured home fails to comply with the provisions of subsection 1

8-1 of NRS 361.562 within the required time, the county assessor shall collect a

8-2 penalty, which must be added to the tax and collected therewith in the

8-3 amount of 10 percent of the tax due . [, plus:

8-4 (a) If the tax on a mobile or manufactured home is paid within 1 month

8-5 after it is due, $3, and if paid on any unit or vehicle mentioned in NRS

8-6 361.561 within 1 month, $1.

8-7 (b) If the tax on a mobile or manufactured home is paid more than 1

8-8 month after it is due, $3 for each full month or final fraction of a month

8-9 which has elapsed, and if paid on any unit or vehicle mentioned in NRS

8-10 361.561 more than 1 month after it is due, $1 for each such month.]

8-11 2. If any person required to pay a personal property tax under the

8-12 provisions of NRS 361.562 neglects or refuses to pay the tax on demand of

8-13 the county assessor, the county assessor or his deputy shall seize the mobile

8-14 or manufactured home upon which the taxes are due and proceed in

8-15 accordance with the provisions of NRS 361.535.

8-16 3. The tax is due and the tax and any penalty must be computed for

8-17 each fiscal year from the date of purchase within or importation into this

8-18 state.

8-19 Sec. 15. NRS 361.767 is hereby amended to read as follows:

8-20 361.767 1. If the county assessor determines that certain personal

8-21 property was not assessed, he may assess the property based upon its

8-22 taxable value in the year in which it was not assessed.

8-23 2. If the county assessor determines that certain personal property was

8-24 underassessed because it was incorrectly reported by the owner, the

8-25 assessor may assess the property based upon its taxable value in the year in

8-26 which it was underassessed. He may then send an additional tax bill for an

8-27 amount which represents the difference between the reported value and the

8-28 taxable value for each year.

8-29 3. The assessments provided for in subsections 1 and 2 may be made at

8-30 any time within 3 years after the end of the fiscal year in which the taxes

8-31 would have been due. The tax bill must specify the fiscal year for which the

8-32 tax is due and the applicable rate and whether it is for property which was

8-33 not assessed or for property which was underassessed.

8-34 4. If property is not assessed or is underassessed because the owner

8-35 submitted an incorrect written statement or failed to submit a written

8-36 statement required pursuant to subsection 1 of NRS 361.265, there must be

8-37 added to the taxes due a penalty in the amount of 20 percent of the tax for

8-38 each year the property was not assessed or was underassessed. The county

8-39 assessor may waive this penalty if he finds extenuating circumstances

8-40 sufficient to justify the waiver.

8-41 Sec. 16. NRS 361A.283 is hereby amended to read as follows:

8-42 361A.283 1. If the county assessor determines that the deferred tax

8-43 for any fiscal year or years was not assessed in the year it became due, he

9-1 may assess it anytime within 5 fiscal years after the end of the fiscal year in

9-2 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 for

9-4 agricultural use rather than at full taxable value for any fiscal year in which

9-5 it did not qualify for agricultural assessment, he may assess the deferred tax

9-6 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 tax

9-8 described in subsections 1 and 2 must be added for each of the years in

9-9 which the owner failed to provide the written notice required by NRS

9-10 361A.270. The county assessor may waive this penalty if he finds

9-11 extenuating circumstances sufficient to justify the waiver.

9-12 Sec. 16.3. NRS 371.101 is hereby amended to read as follows:

9-13 371.101 1. Vehicles registered by [widows and orphan children,]

9-14 surviving spouses, not to exceed the amount of $1,000 determined

9-15 valuation, are exempt from taxation, but the exemption must not be allowed

9-16 to anyone but actual bona fide residents of this state, and must be filed in

9-17 but one county in this state to the same [family.] surviving spouse.

9-18 2. For the purpose of this section, vehicles in which [the widow or

9-19 orphan child] a surviving spouse has any interest shall be deemed to

9-20 belong entirely to that [widow or orphan child.] surviving spouse.

9-21 3. The person claiming the exemption shall file with the department in

9-22 the county where the exemption is claimed an affidavit declaring his

9-23 residency and that the exemption has been claimed in no other county in

9-24 this state for that year. The affidavit must be made before the county

9-25 assessor or a notary public. After the filing of the original affidavit, the

9-26 county assessor shall mail a form for renewal of the exemption to the

9-27 person each year following a year in which the exemption was allowed for

9-28 that person. The form must be designed to facilitate its return by mail by

9-29 the person claiming the exemption.

9-30 4. A surviving spouse is not entitled to the exemption provided by this

9-31 section in any fiscal year beginning after his remarriage, even if the

9-32 remarriage is later annulled.

9-33 Sec. 16.5. NRS 371.102 is hereby amended to read as follows:

9-34 371.102 1. Vehicles registered by a blind person, not to exceed the

9-35 amount of $3,000 determined valuation, are exempt from taxation, but the

9-36 exemption must not be allowed to anyone but bona fide residents of this

9-37 state, and must be filed in but one county in this state [to the same family.]

9-38 on account of the same blind person.

9-39 2. The person claiming the exemption shall file with the department in

9-40 the county where the exemption is claimed an affidavit declaring his

9-41 residency and that the exemption has been claimed in no other county in

9-42 this state for that year. The affidavit must be made before the county

9-43 assessor or a notary public. After the filing of the original affidavit, the

10-1 county assessor shall mail a form for renewal of the exemption to the

10-2 person each year following a year in which the exemption was allowed for

10-3 that person. The form must be designed to facilitate its return by mail by

10-4 the person claiming the exemption.

10-5 3. Upon first claiming [such] the exemption in a county the claimant

10-6 shall furnish to the department a certificate of a physician licensed under

10-7 the laws of this state setting forth that he has examined the claimant and has

10-8 found him to be a blind person.

10-9 4. As used in this section, "blind person" includes any person whose

10-10 visual acuity with correcting lenses does not exceed 20/200 in the better

10-11 eye, or whose vision in the better eye is restricted to a field which subtends

10-12 an angle of not greater than 20° .

10-13 Sec. 16.7. NRS 371.103 is hereby amended to read as follows:

10-14 371.103 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 assigned

10-17 to active duty at some time between April 21, 1898, and June 15, 1903, or

10-18 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 of

10-22 which was for training purposes, who was assigned to active duty at some

10-23 time between January 1, 1961, and May 7, 1975; or

10-24 (c) Has served on active duty in connection with carrying out the

10-25 authorization granted to the President of the United States in Public Law

10-26 102-1,

10-27 and who received, upon severance from service, an honorable discharge or

10-28 certificate of satisfactory service from the Armed Forces of the United

10-29 States, or who, having so served, is still serving in the Armed Forces of the

10-30 United States, is exempt from taxation.

10-31 2. For the purpose of this section the first $1,000 determined valuation

10-32 of vehicles in which such a person has any interest shall be deemed to

10-33 belong to that person.

10-34 3. A person claiming the exemption shall file annually with the

10-35 department in the county where the exemption is claimed an affidavit

10-36 declaring that he is an actual bona fide resident of the State of Nevada who

10-37 meets all the other requirements of subsection 1, and that the exemption is

10-38 claimed in no other county [within] in this state. The affidavit must be

10-39 made before the county assessor or a notary public. After the filing of the

10-40 original affidavit, the county assessor shall mail a form for:

10-41 (a) The renewal of the exemption; and

11-1 (b) The designation of any amount to be credited to the veterans’ home

11-2 account,

11-3 to the person each year following a year in which the exemption was

11-4 allowed for that person. The form must be designed to facilitate its return

11-5 by mail by the person claiming the exemption.

11-6 4. Persons in actual military service are exempt during the period of

11-7 such service from filing annual affidavits of exemption and the department

11-8 shall grant exemptions to those persons on the basis of the original

11-9 affidavits filed. In the case of any person who has entered the military

11-10 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 by

11-12 any person having knowledge of the facts.

11-13 5. Before allowing any veteran’s exemption pursuant to the provisions

11-14 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 or

11-16 certificate of satisfactory service or a certified copy thereof, or such other

11-17 proof of status as may be necessary.

11-18 6. If any person files a false affidavit or produces false proof to the

11-19 department, and as a result of the false affidavit or false proof a tax

11-20 exemption is allowed to a person not entitled to the exemption, he is guilty

11-21 of a gross misdemeanor.

11-22 Sec. 17. NRS 482.180 is hereby amended to read as follows:

11-23 482.180 1. The motor vehicle fund is hereby created as an agency

11-24 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 the

11-26 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 state

11-29 highway fund.

11-30 3. Any check accepted by the department in payment of vehicle

11-31 privilege tax or any other fee required to be collected pursuant to this

11-32 chapter must, if it is dishonored upon presentation for payment, be charged

11-33 back against the motor vehicle fund or the county to which the payment

11-34 was credited, in the proper proportion.

11-35 4. All money received or collected by the department for the basic

11-36 vehicle privilege tax must be deposited in the local government tax

11-37 distribution account, created by NRS 360.660, for credit to the appropriate

11-38 county pursuant to subsection 6.

11-39 5. Money for the administration of the provisions of this chapter must

11-40 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 the

11-42 appropriation the department shall pay every item of expense.

12-1 6. The privilege tax collected on vehicles subject to the provisions of

12-2 chapter 706 of NRS and engaged in interstate or intercounty operation must

12-3 be distributed among the counties in the following percentages:

12-4 Carson City 1.07 percent Lincoln 3.12 percent

12-5 Churchill 5.21 percent Lyon 2.90 percent

12-6 Clark 22.54 percent Mineral 2.40 percent

12-7 Douglas 2.52 percent Nye 4.09 percent

12-8 Elko 13.31 percent Pershing 7.00 percent

12-9 Esmeralda 2.52 percent Storey .19 percent

12-10 Eureka 3.10 percent Washoe 12.24 percent

12-11 Humboldt 8.25 percent White Pine 5.66 percent

12-12 Lander 3.88 percent

12-13 The distributions must be allocated among local governments within the

12-14 respective counties pursuant to the provisions of NRS 482.181.

12-15 7. [As commission to the department for collecting the privilege tax on

12-16 vehicles subject to the provisions of this chapter and chapter 706 of NRS,

12-17 the department shall deduct and withhold 1 percent of the privilege tax

12-18 collected by a county assessor and 6 percent of the other privilege tax

12-19 collected.] The department shall withhold 6 percent from the amount of

12-20 privilege tax collected by the department as a commission. From the

12-21 amount of privilege tax collected by a county assessor, the state

12-22 controller shall credit 1 percent to the department as a commission and

12-23 remit 5 percent to the county for credit to its general fund as commission

12-24 for the services of the county assessor.

12-25 8. When the requirements of this section and NRS 482.181 have been

12-26 met, and when directed by the department, the state controller shall transfer

12-27 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 be

12-29 transferred to another fund or account, the department shall direct the

12-30 controller to transfer the money in accordance with the statute.

12-31 Sec. 18. NRS 489.511 is hereby amended to read as follows:

12-32 489.511 1. If a used or rebuilt manufactured home, mobile home or

12-33 commercial coach is sold in this state by a dealer or rebuilder, the dealer or

12-34 rebuilder shall complete a dealer’s or rebuilder’s report of sale. The report

12-35 must be in a form prescribed by the division and include a description of

12-36 the manufactured home, mobile home or commercial coach, the name and

12-37 address of the seller and the name and address of the buyer. If a security

12-38 interest exists at the time of the sale, or if in connection with the sale a

12-39 security interest is taken or retained by the seller, dealer or rebuilder to

12-40 secure all or part of the purchase price, or a security interest is taken by a

12-41 person who gives value to enable the buyer to acquire rights in the

13-1 manufactured home, mobile home or commercial coach, the name and

13-2 address of the secured party must be entered on the dealer’s or rebuilder’s

13-3 report of sale.

13-4 2. The dealer or rebuilder shall submit the original of the dealer’s or

13-5 rebuilder’s report of sale to the division within 45 days after the execution

13-6 of all instruments which the contract of sale requires to be executed at the

13-7 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 ownership

13-9 previously issued. The dealer or rebuilder shall furnish one copy of the

13-10 report of sale to the buyer at the time of the sale. Within 45 days after the

13-11 sale, the dealer or rebuilder shall furnish one copy of the report of sale to

13-12 the assessor of the county in which the manufactured home, mobile home

13-13 or commercial coach will be located.

13-14 3. The dealer or rebuilder shall require the buyer to sign an

13-15 acknowledgment of taxes, on a form prescribed by the division, which

13-16 includes a statement that the manufactured home, mobile home or

13-17 commercial coach is taxable in the county in which it is located. The

13-18 dealer shall deliver the buyer’s copy of the acknowledgment to him at the

13-19 time of sale and submit another copy to the county assessor of the county

13-20 in which the manufactured home, mobile home or commercial coach is

13-21 to be located.

13-22 4. If a used or rebuilt manufactured home, mobile home or commercial

13-23 coach is sold by a dealer or rebuilder pursuant to an installment contract or

13-24 other agreement by which the certificate of title or certificate of ownership

13-25 does not pass immediately from the seller to the buyer upon the sale, the

13-26 dealer or rebuilder shall submit to the division any information required by

13-27 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:

13-29 562.160 Upon receipt of the reports from the committee for assessing

13-30 livestock pursuant to NRS 575.180, the board shall fix the rate to be levied

13-31 each year as provided for in NRS 562.170 and shall send notice of it to the

13-32 county assessor or treasurer of each county that administers the special

13-33 tax, and to the division of agriculture of the department of business and

13-34 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:

13-36 567.110 1. Upon receipt of the reports from the committee for

13-37 assessing livestock pursuant to NRS 575.180, the state board of sheep

13-38 commissioners, acting as the committee to control predatory animals, may

13-39 levy an annual special tax of not to exceed the equivalent of 20 cents per

13-40 head on all sheep and goats.

13-41 2. The special tax is designated as the tax for control of predatory

13-42 animals.

14-1 3. Notice of the tax must be sent by the board to the county assessor or

14-2 treasurer of each county that is administering the special taxes on

14-3 livestock, and to the division of agriculture of the department of business

14-4 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:

14-6 571.035 1. Upon receipt of the reports from the committee for

14-7 assessing livestock pursuant to NRS 575.180, the division shall fix the

14-8 amount of the annual special tax on each head of the following specified

14-9 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 head

14-12 Stock cattle $0.28

14-13 Dairy cattle .53

14-14 Horses .75

14-15 Mules .75

14-16 Burros or asses .75

14-17 Hogs and pigs .07

14-18 Goats .06

14-19 2. As used in subsection 1:

14-20 (a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are

14-21 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 breeds

14-24 that are more than 6 months old; and

14-25 (2) Bulls, cows and older heifers of the beef breeds.

14-26 (c) The classes consisting of horses, mules, and burros and asses exclude

14-27 animals that are less than 1 year old.

14-28 3. The division shall send notice of the annual special tax on each head

14-29 of the specified classes of livestock to the county assessor or treasurer of

14-30 each county on or before the first Monday in May of each year [.

14-31 4. Notwithstanding the provisions of subsection 1, the] unless the

14-32 division makes the election provided in subsection 7.

14-33 4. The minimum special tax due annually pursuant to this section from

14-34 each owner of livestock is $5.

14-35 5. Upon the receipt of payment of the special tax and the report thereof

14-36 by the state controller, the division shall credit the amount of the tax as paid

14-37 on its records.

14-38 6. The special taxes paid by an owner of livestock, when transmitted to

14-39 the state treasurer, must be deposited in the livestock inspection account.

15-1 7. The division may elect to perform the duties otherwise performed

15-2 by the county assessor and county treasurer under NRS 575.100 to

15-3 575.140, inclusive.

15-4 Sec. 22. NRS 575.090 is hereby amended to read as follows:

15-5 575.090 1. There is hereby created in each county a committee for

15-6 assessing livestock composed of:

15-7 (a) Two persons who own livestock in the county and who are appointed

15-8 by the state board of agriculture;

15-9 (b) One person who owns sheep in the county and who is appointed by

15-10 the board or, if there is no owner of sheep in the county, another person

15-11 who owns livestock in the county who is appointed by the state board of

15-12 agriculture;

15-13 (c) A brand inspector who is designated by the administrator of the

15-14 division; and

15-15 (d) [The] In a county where the division elects to administer the

15-16 special tax, another person who owns livestock, appointed by the state

15-17 board of agriculture, otherwise the county assessor or a person designated

15-18 by him.

15-19 2. Except as otherwise provided in this subsection, the term of each

15-20 member is 2 years, and any vacancy must be filled by appointment for the

15-21 unexpired term. The term of the county assessor expires upon the

15-22 expiration of the term of his office. A person designated by the county

15-23 assessor serves at the pleasure of the county assessor. The brand inspector

15-24 serves at the pleasure of the administrator of the division.

15-25 3. While engaged in official business of the committee for assessing

15-26 livestock, each member of the committee is entitled to:

15-27 (a) A salary not exceeding $60 per day for attending meetings or

15-28 performing other official business, to be paid from any money available to

15-29 the division.

15-30 (b) The per diem allowance and travel expenses fixed for state officers

15-31 and employees.

15-32 Sec. 23. NRS 575.120 is hereby amended to read as follows:

15-33 575.120 1. The division shall prepare a form for declaration of

15-34 livestock and sheep on which an owner of livestock or sheep shall declare

15-35 the average number, kind and classification of all livestock and sheep in the

15-36 state owned by him during the year immediately preceding the date the

15-37 declaration is made.

15-38 2. Before May 6 of each year, the division shall distribute the form for

15-39 declaration to [all] the county assessors [.] of the counties in which the

15-40 special tax is administered by the county.

15-41 3. In other counties, the division shall mail the declaration directly to

15-42 each owner of livestock or sheep.

16-1 Sec. 24. NRS 575.130 is hereby amended to read as follows:

16-2 575.130 1. [The] In a county in which the special tax is

16-3 administered by the county, the county assessor shall mail the form for

16-4 declaration to each owner of livestock or sheep listed in his most current

16-5 report of such owners. He may include the form with any other mailing sent

16-6 by him to that owner.

16-7 2. An owner of livestock or sheep who fails to complete and return the

16-8 form for declaration within 30 days after the date it was mailed to him is

16-9 subject to a penalty of $5 assessed by the committee.

16-10 Sec. 25. NRS 575.140 is hereby amended to read as follows:

16-11 575.140 The county assessor or the division shall forward to the

16-12 committee for assessing livestock all of the completed forms for declaration

16-13 of livestock and sheep received by him and a copy of his most current

16-14 report of owners of livestock and sheep. This report may show a parcel

16-15 number and must include the name and address of each owner and the

16-16 number, kind and classification of the livestock and sheep belonging to

16-17 each owner.

16-18 Sec. 26. NRS 575.150 is hereby amended to read as follows:

16-19 575.150 1. Upon receipt of the forms for declaration of livestock and

16-20 sheep and the report of owners of livestock and sheep from the county

16-21 assessor [,] or the division, the committee for assessing livestock shall:

16-22 (a) Make an estimate of the number, kind and classification of all

16-23 livestock and sheep owned by any person failing to return the form for

16-24 declaration of livestock and sheep and include that information on the

16-25 report; and

16-26 (b) Examine each completed form for declaration of livestock and sheep

16-27 and the report to determine its accuracy, and if there is any evidence that

16-28 any information is inaccurate or incomplete, may change and correct any

16-29 listing as to number, kind, classification, ownership or location by adding

16-30 thereto or deducting therefrom as necessary to make the report complete

16-31 and accurate.

16-32 2. The committee for assessing livestock may verify the number of

16-33 livestock or sheep by any reasonable means, including actual count at any

16-34 reasonable time.

16-35 3. If the committee for assessing livestock changes the listings on the

16-36 report of owners of livestock and sheep for any owner and the listing for

16-37 that owner does not conform to the listings on the form for declaration

16-38 completed by that owner, the committee shall notify the owner of the

16-39 change within 15 days after the change is made. The notification must

16-40 contain a statement explaining the owner’s right to challenge the accuracy

16-41 of the report made by the committee for assessing livestock.

17-1 Sec. 27. NRS 575.180 is hereby amended to read as follows:

17-2 575.180 1. When the report of owners of livestock and sheep is

17-3 approved by the committee for assessing livestock as complete and

17-4 accurate, the approval must be noted on the report. The report must then be

17-5 returned to the county assessor , or the division if it is administering the

17-6 special tax, and a copy sent to the board, the division unless it is

17-7 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, any

17-9 change is ordered in the report of owners of livestock and sheep after it has

17-10 been approved by the committee for assessing livestock, [the county

17-11 assessor, the board, the division and the Nevada beef council] each

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:

17-14 575.190 Using the tax levies from the board, the division and the

17-15 Nevada beef council, the county assessor, auditor or treasurer , or the

17-16 division if it is administering the special tax, shall calculate the total taxes

17-17 due from each owner of livestock or sheep based on the report of owners of

17-18 livestock or sheep approved by the committee for assessing livestock.

17-19 Sec. 29. NRS 575.200 is hereby amended to read as follows:

17-20 575.200 The county treasurer or the assessor , or the division if it is

17-21 administering the special tax, shall mail to each owner of livestock or

17-22 sheep a bill for the total taxes due from that owner. The billing may be

17-23 made from the secured or unsecured tax roll. The bill may be included with

17-24 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 timely

17-26 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 to

17-29 29, inclusive, of this act become effective on June 30, 1999.

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