Assembly Joint Resolution No. 17–Assemblymen Gustavson, Gibbons, Beers, Nolan, Brower, Berman, Von Tobel, Claborn, Mortenson, Humke, Angle and Price
March 15, 1999
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Joint Sponsor: Senator Washington
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Referred to Concurrent Committees on Taxation
and Constitutional Amendments
SUMMARY—Proposes amendment to Nevada Constitution to limit amount of property tax and provide for retention of taxable value on real property until transfer of ownership. (BDR C-898)
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
ASSEMBLY JOINT RESOLUTION—Proposing to amend the Constitution of the State of
Nevada to limit the total amount of tax ad valorem on real property and to permit the
retention of taxable value on real property until the ownership of the property is
transferred.
Resolved by the Assembly and the Senate of the State of
Nevada, Jointly, That section 1 of article 10 of the Constitution of the
State of Nevada be amended, and that article 10 be amended by adding
thereto a new section, designated section 6, to read respectively as follows:
Section 1. 1.1-2
article, the legislature shall provide by law for a uniform and equal rate of1-3
assessment and taxation, and shall prescribe such regulations as shall1-4
secure a just valuation for taxation of all property, real, personal and1-5
possessory, except mines and mining claims, which shall be assessed and1-6
taxed only as provided in section 5 of this article.1-7
2. Shares of stock, bonds, mortgages, notes, bank deposits, book1-8
accounts and credits, and securities and choses in action of like character1-9
are deemed to represent interest in property already assessed and taxed,1-10
either in Nevada or elsewhere, and shall be exempt.2-1
3. The legislature may constitute agricultural and open-space real2-2
property having a greater value for another use than that for which it is2-3
being used, as a separate class for taxation purposes and may provide a2-4
separate uniform plan for appraisal and valuation of such property for2-5
assessment purposes. If such plan is provided, the legislature shall also2-6
provide for retroactive assessment for a period of not less than 7 years2-7
when agricultural and open-space real property is converted to a higher use2-8
conforming to the use for which other nearby property is used.2-9
4. Personal property which is moving in interstate commerce through2-10
or over the territory of the State of Nevada, or which was consigned to a2-11
warehouse, public or private, within the State of Nevada from outside the2-12
State of Nevada for storage in transit to a final destination outside the State2-13
of Nevada, whether specified when transportation begins or afterward,2-14
shall be deemed to have acquired no situs in Nevada for purposes of2-15
taxation and shall be exempt from taxation. Such property shall not be2-16
deprived of such exemption because while in the warehouse the property is2-17
assembled, bound, joined, processed, disassembled, divided, cut, broken in2-18
bulk, relabeled or repackaged.2-19
5. The legislature may exempt motor vehicles from the provisions of2-20
the tax required by this section, and in lieu thereof, if such exemption is2-21
granted, shall provide for a uniform and equal rate of assessment and2-22
taxation of motor vehicles, which rate shall not exceed five cents on one2-23
dollar of assessed valuation.2-24
6. The legislature shall provide by law for a progressive reduction in2-25
the tax upon business inventories by 20 percent in each year following the2-26
adoption of this provision, and after the expiration of the 4th year such2-27
inventories are exempt from taxation. The legislature may exempt any2-28
other personal property, including livestock.2-29
7. No inheritance tax shall ever be levied.2-30
8. The legislature may exempt by law property used for municipal,2-31
educational, literary, scientific or other charitable purposes, or to2-32
encourage the conservation of energy or the substitution of other sources2-33
for fossil sources of energy.2-34
9. No income tax shall be levied upon the wages or personal income of2-35
natural persons. Notwithstanding the foregoing provision, and except as2-36
otherwise provided in subsection 1 of this section, taxes may be levied2-37
upon the income or revenue of any business in whatever form it may be2-38
conducted for profit in the state.2-39
Sec. 6. 1. The maximum amount of tax ad valorem that may be2-40
levied on real property is 1 percent of the taxable value of the property.2-41
This limit does not apply to taxes ad valorem levied to pay the interest2-42
and principal of any indebtedness incurred before this section became3-1
effective or approved thereafter by two-thirds of the votes cast by voters3-2
voting on the question in the taxing district to which it applies.3-3
2. Except as otherwise provided in subsections 3 and 4, the taxable3-4
value of real property is 90 percent of the taxable value from which the3-5
assessed value for the fiscal year 1995-1996 was calculated but, if the3-6
property was not appraised or reappraised for that fiscal year, the taxable3-7
value determined by appraisal or reappraisal for a subsequent fiscal year3-8
may be appropriately adjusted to determine the taxable value as of the3-9
fiscal year 1995-1996.3-10
3. If the ownership of real property is transferred to the extent of3-11
one-half or more of the total interest in the property, except a transfer to3-12
or between spouses, to or from a separate legal entity of which the3-13
transferor is the beneficial owner, or to a child or grandchild of the3-14
transferor, the taxable value of the property must be redetermined as of3-15
the date of transfer of the property. If new improvements to real property3-16
are constructed, except to replace existing improvements destroyed by3-17
natural disaster or other casualty, or existing improvements are3-18
materially enhanced, the taxable value of the property must be increased3-19
by the full cash value of the new improvement or enhancement. If real3-20
property is converted to another use, the taxable value of the property3-21
must be redetermined after the conversion by appraisal at its full cash3-22
value in accordance with the new use of the property.3-23
4. The taxable value of real property must be increased from year to3-24
year by the lesser of:3-25
(a) The percent of increase in the Consumer Price Index for All3-26
Urban Consumers compiled by the federal Bureau of Labor Statistics for3-27
the preceding calendar year, if that index increases; or3-28
(b) Two percent.3-29
The taxable value must be decreased from year to year by the percent of3-30
decrease in the Consumer Price Index for All Urban Consumers3-31
compiled by the federal Bureau of Labor Statistics for the preceding3-32
calendar year, if that index decreases. The legislature shall provide by3-33
law for another appropriate method of determining a percentage of3-34
increase or decrease in the average annual cost of living if the index3-35
specified in this section ceases to be compiled.3-36
5. The legislature may provide by law the circumstances under3-37
which:3-38
(a) An owner domiciled in this state who has attained the age of 623-39
years may replace his principal residence with another of comparable3-40
value and transfer to the new residence the taxable value of the old3-41
residence for the purpose of limiting the ad valorem tax on the property.3-42
(b) A new improvement may be constructed, or an existing3-43
improvement enhanced, without change in the taxable value of real4-1
property if the construction or enhancement is appropriate to protect the4-2
safety of the occupants or improve accessibility to the disabled.4-3
(c) An owner whose real property is taken by the exercise of eminent4-4
domain may replace that property with property of comparable value and4-5
transfer to the new property the taxable value of the old property for the4-6
purpose of limiting the ad valorem tax on the property.4-7
6. No tax may be imposed on the sale or other transfer of real4-8
property which did not exist on the date this section becomes effective.~