Senate Bill No. 221–Senator Porter
February 18, 1999
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Referred to Committee on Taxation
SUMMARY—Proposes to exempt funeral supplies from taxes on retail sales. (BDR 32-256)
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. At the general election on November 7, 2000, a proposal1-2
must be submitted to the registered voters of this state to amend the Sales1-3
and Use Tax Act, which was enacted by the 47th session of the legislature1-4
of the State of Nevada and approved by the governor in 1955, and1-5
subsequently approved by the people of this state at the general election1-6
held on November 6, 1956.1-7
Sec. 2. At the time and in the manner provided by law, the secretary of1-8
state shall transmit the proposed act to the several county clerks, and the1-9
county clerks shall cause it to be published and posted as provided by law.1-10
Sec. 3. The proclamation and notice to the voters given by the county1-11
clerks pursuant to law must be in substantially the following form:1-12
Notice is hereby given that at the general election on November 7,1-13
2000, a question will appear on the ballot for the adoption or rejection by1-14
the registered voters of the state of the following proposed act:2-1
AN ACT to amend an act entitled "An Act to provide revenue for2-2
the State of Nevada; providing for sales and use taxes; providing2-3
for the manner of collection; defining certain terms; providing2-4
penalties for violation, and other matters properly relating2-5
thereto." approved March 29, 1955, as amended.2-6
THE PEOPLE OF THE STATE OF NEVADA2-8
Section 1. The above-entitled act, being chapter 397, Statutes of2-9
Nevada 1955, at page 762, is hereby amended by adding thereto a new2-10
section to be designated as section 56.3, immediately following2-11
section 56.2, to read as follows:2-12
Sec. 56.3. 1. There are exempted from the taxes imposed by2-13
this act the gross receipts from the sale and the storage, use or2-14
other consumption of funeral supplies.2-15
2. As used in this section, "funeral supplies" means any2-16
personal property, equipment, merchandise or supplies sold for2-17
use in, or for the performance of, any services connected with the2-18
burial, interment, entombment, inurnment or other final2-19
disposition of the remains of a deceased person. The term does2-20
not include a grave plot, an interest in land of a cemetery or space2-21
in a mausoleum, vault, crypt or columbarium used for interment,2-22
entombment or inurnment.2-23
Sec. 2. This act becomes effective on January 1, 2001.2-24
Sec. 4. The ballot page assemblies and the paper ballots to be used in2-25
voting on the question must present the question in substantially the2-26
following form:2-27
Shall the Sales and Use Tax Act of 1955 be amended to provide an2-28
exemption from the taxes imposed by this act on the gross receipts2-29
from the sale and the storage, use or other consumption of funeral2-30
supplies?2-31
Yes ¨ No ¨2-32
Sec. 5. The explanation of the question which must appear on each2-33
paper ballot and sample ballot and in every publication and posting of2-34
notice of the question must be in substantially the following form:2-35
(Explanation of Question)2-36
The proposed amendment to the Sales and Use Tax Act of 19552-37
would exempt from the taxes imposed by this act the gross receipts2-38
from the sale and storage, use or other consumption of funeral3-1
supplies. If this proposal is adopted, the legislature has provided that3-2
the Local School Support Tax Law and the City-County Relief Tax3-3
Law will be amended to provide the same exemption.3-4
Sec. 6. If a majority of the votes cast on the question is yes, the3-5
amendment to the Sales and Use Tax Act of 1955 becomes effective on3-6
January 1, 2001. If less than a majority of votes cast on the question is yes,3-7
the question fails and the amendment to the Sales and Use Tax Act of 19553-8
does not become effective.3-9
Sec. 7. All general election laws not inconsistent with this act are3-10
applicable.3-11
Sec. 8. Any informalities, omissions or defects in the content or3-12
making of the publications, proclamations or notices provided for in this act3-13
and by the general election laws under which this election is held must be3-14
so construed as not to invalidate the adoption of the act by a majority of the3-15
registered voters voting on the question if it can be ascertained with3-16
reasonable certainty from the official returns transmitted to the office of the3-17
secretary of state whether the proposed amendment was adopted by a3-18
majority of those registered voters.3-19
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a3-20
new section to read as follows:3-21
1. There are exempted from the taxes imposed by this chapter the3-22
gross receipts from the sale and the storage, use or other consumption of3-23
funeral supplies.3-24
2. As used in this section, "funeral supplies" means any personal3-25
property, equipment, merchandise or supplies sold for use in, or for the3-26
performance of, any services connected with the burial, interment,3-27
entombment, inurnment or other final disposition of the remains of a3-28
deceased person. The term does not include a grave plot, an interest in3-29
land of a cemetery or space in a mausoleum, vault, crypt or columbarium3-30
used for interment, entombment or inurnment.3-31
Sec. 10. Section 9 of this act becomes effective on January 1, 2001,3-32
only if the proposal submitted pursuant to sections 1 to 5, inclusive, of this3-33
act is approved by the voters at the general election on November 7, 2000.~