Senate Bill No. 164–Senator Care
February 11, 1999
____________
Referred to Committee on Taxation
SUMMARY—Increases amount of exemptions from property and vehicle privilege taxes for veterans. (BDR 32-1223)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 361.090 is hereby amended to read as follows: 361.090 1. The property, to the extent of1-3
valuation, of any actual bona fide resident of the State of Nevada who:1-4
(a) Has served a minimum of 90 days on active duty, who was assigned1-5
to active duty at some time between April 21, 1898, and June 15, 1903, or1-6
between April 6, 1917, and November 11, 1918, or between December 7,1-7
1941, and December 31, 1946, or between June 25, 1950, and January 31,1-8
1955;1-9
(b) Has served a minimum of 90 continuous days on active duty none of1-10
which was for training purposes, who was assigned to active duty at some1-11
time between January 1, 1961, and May 7, 1975; or1-12
(c) Has served on active duty in connection with carrying out the1-13
authorization granted to the President of the United States in Public Law1-14
102-1,1-15
and who received, upon severance from service, an honorable discharge or1-16
certificate of satisfactory service from the Armed Forces of the United1-17
States, or who, having so served, is still serving in the Armed Forces of the1-18
United States, is exempt from taxation.2-1
2. For the purpose of this section the first2-2
valuation of property in which such a person has any interest shall be2-3
deemed the property of that person.2-4
3. The exemption may be allowed only to a claimant who files an2-5
affidavit with his claim for exemption on real property pursuant to NRS2-6
361.155. The affidavit may be filed at any time by a person claiming2-7
exemption from taxation on personal property.2-8
4. The affidavit must be filed with the county assessor to the effect that2-9
the affiant is an actual bona fide resident of the State of Nevada who meets2-10
all the other requirements of subsection 1 and that the exemption is claimed2-11
in no other county within this state. After the filing of the original affidavit,2-12
the county assessor shall mail a form for:2-13
(a) The renewal of the exemption; and2-14
(b) The designation of any amount to be credited to the veterans’ home2-15
account,2-16
to the person each year following a year in which the exemption was2-17
allowed for that person. The form must be designed to facilitate its return2-18
by mail by the person claiming the exemption.2-19
5. Persons in actual military service are exempt during the period of2-20
such service from filing annual affidavits of exemption and the county2-21
assessors shall continue to grant exemption to such persons on the basis of2-22
the original affidavits filed. In the case of any person who has entered the2-23
military service without having previously made and filed an affidavit of2-24
exemption, the affidavit may be filed in his behalf during the period of such2-25
service by any person having knowledge of the facts.2-26
6. Before allowing any veteran’s exemption pursuant to the provisions2-27
of this chapter, the county assessor of each of the several counties of this2-28
state shall require proof of status of the veteran, and for that purpose shall2-29
require production of an honorable discharge or certificate of satisfactory2-30
service or a certified copy thereof, or such other proof of status as may be2-31
necessary.2-32
7. If any person files a false affidavit or produces false proof to the2-33
county assessor, and as a result of the false affidavit or false proof a tax2-34
exemption is allowed to a person not entitled to the exemption, he is guilty2-35
of a gross misdemeanor.2-36
Sec. 2. NRS 361.091 is hereby amended to read as follows: 361.091 1. A bona fide resident of the State of Nevada who has2-38
incurred a permanent service-connected disability and has been honorably2-39
discharged from the Armed Forces of the United States, or his surviving2-40
spouse, is entitled to a disabled veteran’s exemption.3-1
2. The amount of exemption is based on the total percentage of3-2
permanent service-connected disability. The maximum allowable3-3
exemption for total permanent disability is the first3-4
assessed valuation. A person with a permanent service-connected disability3-5
of:3-6
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of3-7
3-8
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of3-9
$10,000 assessed value.3-10
(c) Forty to 59 percent, inclusive, is entitled to an exemption of $5,0003-11
assessed value.3-12
(d) Twenty to 39 percent, inclusive, is entitled to an exemption of3-13
$2,500 assessed value.3-14
For the purposes of this section, any property in which an applicant has any3-15
interest is deemed to be the property of the applicant.3-16
3. The exemption may be allowed only to a claimant who has filed an3-17
affidavit with his claim for exemption on real property pursuant to NRS3-18
361.155. The affidavit may be made at any time by a person claiming an3-19
exemption from taxation on personal property.3-20
4. The affidavit must be made before the county assessor or a notary3-21
public and be submitted to the county assessor. It must be to the effect that3-22
the affiant is a bona fide resident of the State of Nevada, that he meets all3-23
the other requirements of subsection 1 and that he does not claim the3-24
exemption in any other county within this state. After the filing of the3-25
original affidavit, the county assessor shall mail a form for renewal of the3-26
exemption to the person each year following a year in which the exemption3-27
was allowed for that person. The form must be designed to facilitate its3-28
return by mail by the person claiming the exemption.3-29
5. Before allowing any exemption pursuant to the provisions of this3-30
section, the county assessor shall require proof of the applicant’s status, and3-31
for that purpose shall require him to produce an original or certified copy3-32
of:3-33
(a) An honorable discharge or other document of honorable separation3-34
from the Armed Forces of the United States which indicates the total3-35
percentage of his permanent service-connected disability;3-36
(b) A certificate of satisfactory service which indicates the total3-37
percentage of his permanent service-connected disability; or3-38
(c) A certificate from the Department of Veterans Affairs or any other3-39
military document which shows that he has incurred a permanent service-3-40
connected disability and which indicates the total percentage of that3-41
disability, together with a certificate of honorable discharge or satisfactory3-42
service.4-1
6. A surviving spouse claiming an exemption pursuant to this section4-2
must file with the county assessor an affidavit declaring that:4-3
(a) The surviving spouse was married to and living with the disabled4-4
veteran for the 5 years preceding his death;4-5
(b) The disabled veteran was eligible for the exemption at the time of his4-6
death or would have been eligible if he had been a resident of the State of4-7
Nevada;4-8
(c) The surviving spouse has not remarried; and4-9
(d) The surviving spouse is a bona fide resident of the State of4-11
The affidavit required by this subsection is in addition to the certification4-12
required pursuant to subsections 4 and 5. After the filing of the original4-13
affidavit required by this subsection, the county assessor shall mail a form4-14
for renewal of the exemption to the person each year following a year in4-15
which the exemption was allowed for that person. The form must be4-16
designed to facilitate its return by mail by the person claiming the4-17
exemption.4-18
7. If a tax exemption is allowed under this section, the claimant is not4-19
entitled to an exemption under NRS 361.090.4-20
8. If any person makes a false affidavit or produces false proof to the4-21
county assessor or a notary public, and as a result of the false affidavit or4-22
false proof, the person is allowed a tax exemption to which he is not4-23
entitled, he is guilty of a gross misdemeanor.4-24
Sec. 3. NRS 371.103 is hereby amended to read as follows: 371.103 1. Vehicles, to the extent of4-26
valuation, registered by any actual bona fide resident of the State of Nevada4-27
who:4-28
(a) Has served a minimum of 90 days on active duty, who was assigned4-29
to active duty at some time between April 21, 1898, and June 15, 1903, or4-30
between April 6, 1917, and November 11, 1918, or between December 7,4-31
1941, and December 31, 1946, or between June 25, 1950, and January 31,4-32
1955;4-33
(b) Has served a minimum of 90 continuous days on active duty none of4-34
which was for training purposes, who was assigned to active duty at some4-35
time between January 1, 1961, and May 7, 1975; or4-36
(c) Has served on active duty in connection with carrying out the4-37
authorization granted to the President of the United States in Public Law4-38
102-1,4-39
and who received, upon severance from service, an honorable discharge or4-40
certificate of satisfactory service from the Armed Forces of the United4-41
States, or who, having so served, is still serving in the Armed Forces of the4-42
United States, is exempt from taxation.5-1
2. For the purpose of this section the first5-2
valuation of vehicles in which such a person has any interest shall be5-3
deemed to belong to that person.5-4
3. A person claiming the exemption shall file annually with the5-5
department in the county where the exemption is claimed an affidavit5-6
declaring that he is an actual bona fide resident of the State of Nevada who5-7
meets all the other requirements of subsection 1, and that the exemption is5-8
claimed in no other county within this state. After the filing of the original5-9
affidavit, the county assessor shall mail a form for:5-10
(a) The renewal of the exemption; and5-11
(b) The designation of any amount to be credited to the veterans’ home5-12
account,5-13
to the person each year following a year in which the exemption was5-14
allowed for that person. The form must be designed to facilitate its return5-15
by mail by the person claiming the exemption.5-16
4. Persons in actual military service are exempt during the period of5-17
such service from filing annual affidavits of exemption and the department5-18
shall grant exemptions to those persons on the basis of the original5-19
affidavits filed. In the case of any person who has entered the military5-20
service without having previously made and filed an affidavit of exemption,5-21
the affidavit may be filed in his behalf during the period of such service by5-22
any person having knowledge of the facts.5-23
5. Before allowing any veteran’s exemption pursuant to the provisions5-24
of this chapter, the department shall require proof of status of the veteran,5-25
and for that purpose shall require production of an honorable discharge or5-26
certificate of satisfactory service or a certified copy thereof, or such other5-27
proof of status as may be necessary.5-28
6. If any person files a false affidavit or produces false proof to the5-29
department, and as a result of the false affidavit or false proof a tax5-30
exemption is allowed to a person not entitled to the exemption, he is guilty5-31
of a gross misdemeanor.5-32
Sec. 4. NRS 371.104 is hereby amended to read as follows: 371.104 1. A bona fide resident of the State of Nevada who has5-34
incurred a permanent service-connected disability and has been honorably5-35
discharged from the Armed Forces of the United States, or his surviving5-36
spouse, is entitled to a veteran’s exemption from the payment of vehicle5-37
privilege taxes on vehicles of the following determined valuations:5-38
(a) If he has a disability of 100 percent, the first5-39
determined valuation;5-40
(b) If he has a disability of 80 to 99 percent, inclusive, the first5-41
$15,000 of determined valuation;5-42
(c) If he has a disability of 60 to 79 percent, inclusive, the first5-43
$10,000 of determined valuation6-1
(d) If he has a disability of 40 to 59 percent, inclusive, the first $5,0006-2
of determined valuation; or6-3
(e) If he has a disability of 20 to 39 percent, inclusive, the first $2,5006-4
of determined valuation.6-5
2. For the purpose of this section, the first6-6
determined valuation of vehicles in which an applicant has any interest6-7
shall be deemed to belong entirely to that person.6-8
3. A person claiming the exemption shall file annually with the6-9
department in the county where the exemption is claimed an affidavit6-10
declaring that he is a bona fide resident of the State of Nevada who meets6-11
all the other requirements of subsection 1, and that the exemption is6-12
claimed in no other county within this state. After the filing of the original6-13
affidavit, the county assessor shall mail a form for renewal of the6-14
exemption to the person each year following a year in which the exemption6-15
was allowed for that person. The form must be designed to facilitate its6-16
return by mail by the person claiming the exemption.6-17
4. Before allowing any exemption pursuant to the provisions of this6-18
section, the department shall require proof of the applicant’s status, and for6-19
that purpose shall require production of:6-20
(a) A certificate from the Department of Veterans Affairs that the6-21
veteran has incurred a permanent service-connected disability, which shows6-22
the percentage of that disability; and6-23
(b) Any one of the following:6-24
(1) An honorable discharge;6-25
(2) A certificate of satisfactory service; or6-26
(3) A certified copy of either of these documents.6-27
5. A surviving spouse claiming an exemption pursuant to this section6-28
must file with the department in the county where the exemption is claimed6-29
an affidavit declaring that:6-30
(a) The surviving spouse was married to and living with the disabled6-31
veteran for the 5 years preceding his death;6-32
(b) The disabled veteran was eligible for the exemption at the time of his6-33
death; and6-34
(c) The surviving spouse has not remarried.6-35
The affidavit required by this subsection is in addition to the certification6-36
required pursuant to subsections 3 and 4. After the filing of the original6-37
affidavit required by this subsection, the county assessor shall mail a form6-38
for renewal of the exemption to the person each year following a year in6-39
which the exemption was allowed for that person. The form must be6-40
designed to facilitate its return by mail by the person claiming the6-41
exemption.6-42
6. If a tax exemption is allowed under this section, the claimant is not6-43
entitled to an exemption under NRS 371.103.7-1
7. If any person makes a false affidavit or produces false proof to the7-2
department, and as a result of the false affidavit or false proof, the person is7-3
allowed a tax exemption to which he is not entitled, he is guilty of a gross7-4
misdemeanor.7-5
Sec. 5. This act becomes effective on July 1, 1999.~