Senate Bill No. 287–Senator Porter
March 1, 1999
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Referred to Committee on Taxation
SUMMARY—Revises procedures for imposition of additional tax on fuel for jet or turbine-powered aircraft. (BDR 32-1106)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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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:
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Section 1. NRS 365.203 is hereby amended to read as follows: 365.203 1. A board of county commissioners may by ordinance, but1-3
not as in a case of emergency, impose a tax of not more than:1-4
(a) Four cents per gallon on fuel for jet or turbine-powered aircraft sold,1-5
distributed or used in the county ;1-6
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(b) Eight cents per gallon on aviation fuel.1-9
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2-2
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taxpayers at the same rate. The county shall not allow any discounts,2-7
exemptions or other variance of the rate of the tax for any taxpayer except2-8
for the state or a political subdivision of the state.2-9
2-10
commence earlier than the first day of the second calendar month after2-11
adoption of the ordinance imposing the tax.2-12
Sec. 2. NRS 371.045 is hereby amended to read as follows: 371.045 1. A board of county commissioners may by ordinance, but2-14
not as in a case of emergency, after receiving the approval of a majority of2-15
the registered voters voting on the question at a primary, general or special2-16
election, impose a supplemental privilege tax of not more than 1 cent on2-17
each $1 of valuation of the vehicle for the privilege of operating upon the2-18
public streets, roads and highways of the county on each vehicle based in2-19
the county except:2-20
(a) A vehicle exempt from the motor vehicle privilege tax pursuant to2-21
this chapter; or2-22
(b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is2-23
engaged in interstate or intercounty operations.2-24
2. A county may combine this question with questions submitted2-25
pursuant to NRS 244.3351, 278.7102-26
combination thereof.2-27
3. A special election may be held only if the board of county2-28
commissioners determines, by a unanimous vote, that an emergency exists.2-29
The determination made by the board is conclusive unless it is shown that2-30
the board acted with fraud or a gross abuse of discretion. An action to2-31
challenge the determination made by the board must be commenced within2-32
15 days after the board’s determination is final. As used in this subsection,2-33
"emergency" means any unexpected occurrence or combination of2-34
occurrences which requires immediate action by the board of county2-35
commissioners to prevent or mitigate a substantial financial loss to the2-36
county or to enable the board to provide an essential service to the residents2-37
of the county.2-38
4. Collection of the tax imposed pursuant to this section must not2-39
commence earlier than the first day of the second calendar month after2-40
adoption of the ordinance imposing the tax.3-1
5. Except as otherwise provided in subsection 6 and NRS 371.047, the3-2
county shall use the proceeds of the tax to pay the cost of:3-3
(a) Projects related to the construction and maintenance of sidewalks,3-4
streets, avenues, boulevards, highways and other public rights of way used3-5
primarily for vehicular traffic, including, without limitation, overpass3-6
projects, street projects or underpass projects, as defined in NRS3-7
244A.037, 244A.053 and 244A.055, within the boundaries of the county or3-8
within 1 mile outside those boundaries if the board of county3-9
commissioners finds that such projects outside the boundaries of the county3-10
will facilitate transportation within the county;3-11
(b) Payment of principal and interest on notes, bonds or other3-12
obligations incurred to fund projects described in paragraph (a); or3-13
(c) Any combination of those uses.3-14
6. The county may expend the proceeds of the supplemental privilege3-15
tax authorized by this section and NRS 371.047, or any borrowing in3-16
anticipation of that tax, pursuant to an interlocal agreement between the3-17
county and the regional transportation commission of the county with3-18
respect to the projects to be financed with the proceeds of the tax.3-19
7. As used in this section, "based" has the meaning ascribed to it in3-20
NRS 482.011.3-21
Sec. 3. NRS 377A.020 is hereby amended to read as follows: 377A.020 1. The board of county commissioners of any county may3-23
enact an ordinance imposing a tax for a public transit system or for the3-24
construction, maintenance and repair of public roads, or both, pursuant to3-25
NRS 377A.030. The board of county commissioners of any county whose3-26
population is less than 400,000 may enact an ordinance imposing a tax to3-27
promote tourism pursuant to NRS 377A.030.3-28
2. An ordinance enacted pursuant to this chapter may not become3-29
effective before a question concerning the imposition of the tax is approved3-30
by a majority of the registered voters of the county voting upon the3-31
question which the board may submit to the voters at any general election.3-32
A county may combine the questions for a public transit system and for the3-33
construction, maintenance and repair of public roads with questions3-34
submitted pursuant to NRS 244.3351, 278.7103-35
any combination thereof. The board shall also submit to the voters at a3-36
general election any proposal to increase the rate of the tax or change the3-37
previously approved uses for the proceeds of the tax.3-38
3. Any ordinance enacted pursuant to this section must specify the date3-39
on which the tax must first be imposed or on which an increase in the rate3-40
of the tax becomes effective, which must not be earlier than the first day of3-41
the second calendar month following the approval of the question by the3-42
voters.4-1
Sec. 4. NRS 244.3351 is hereby amended to read as follows: 244.3351 1. Except as otherwise provided in subsection 2 of NRS4-3
244.3359, in addition to all other taxes imposed on the revenue from the4-4
rental of transient lodging, a board of county commissioners may by4-5
ordinance, but not as in a case of emergency, impose a tax at the rate of 14-6
percent of the gross receipts from the rental of transient lodging pursuant to4-7
either paragraph (a) or (b) as follows:4-8
(a) After receiving the approval of a majority of the registered voters of4-9
the county voting on the question at a special, primary or general election,4-10
the board of county commissioners may impose the tax throughout the4-11
county, including its incorporated cities, upon all persons in the business of4-12
providing lodging. The question may be combined with a question4-13
submitted pursuant to NRS 278.710,4-14
any combination thereof.4-15
(b) After receiving the approval of a majority of the registered voters4-16
who reside within the boundaries of a transportation district created4-17
pursuant to NRS 244A.252, voting on the question at a special, primary or4-18
general district election, the board of county commissioners may impose4-19
the tax within the boundaries of the transportation district upon all persons4-20
in the business of providing lodging. The question may be combined with a4-21
question submitted pursuant to NRS 278.710.4-22
2. A special election may be held only if the board of county4-23
commissioners determines, by a unanimous vote, that an emergency exists.4-24
The determination made by the board of county commissioners is4-25
conclusive unless it is shown that the board acted with fraud or a gross4-26
abuse of discretion. An action to challenge the determination made by the4-27
board must be commenced within 15 days after the board’s determination is4-28
final. As used in this subsection, "emergency" means any unexpected4-29
occurrence or combination of occurrences which requires immediate action4-30
by the board of county commissioners to prevent or mitigate a substantial4-31
financial loss to the county or to enable the board to provide an essential4-32
service to the residents of the county.4-33
3. The ordinance imposing the tax must include all the matters required4-34
by NRS 244.3352 for the mandatory tax, must be administered in the same4-35
manner, and imposes the same liabilities, except:4-36
(a) Collection of the tax imposed pursuant to this section must not4-37
commence earlier than the first day of the second calendar month after4-38
adoption of the ordinance imposing the tax; and4-39
(b) The governmental entity collecting the tax4-40
collections to the county and may not retain any part of the tax as a4-41
collection or administrative fee.5-1
Sec. 5. NRS 278.710 is hereby amended to read as follows: 278.710 1. A board of county commissioners may by ordinance, but5-3
not as in a case of emergency, impose a tax for the improvement of5-4
transportation on the privilege of new residential, commercial, industrial5-5
and other development pursuant to paragraph (a) or (b) as follows:5-6
(a) After receiving the approval of a majority of the registered voters of5-7
the county voting on the question at a special election or the next primary5-8
or general election, the board of county commissioners may impose the tax5-9
throughout the county, including any such development in incorporated5-10
cities in the county. A county may combine this question with a question5-11
submitted pursuant to NRS 244.3351,5-12
any combination thereof.5-13
(b) After receiving the approval of a majority of the registered voters5-14
who reside within the boundaries of a transportation district created5-15
pursuant to NRS 244A.252, voting on the question at a special or general5-16
district election or primary or general state election, the board of county5-17
commissioners may impose the tax within the boundaries of the district. A5-18
county may combine this question with a question submitted pursuant to5-19
NRS 244.3351.5-20
2. A special election may be held only if the board of county5-21
commissioners determines, by a unanimous vote, that an emergency exists.5-22
The determination made by the board of county commissioners is5-23
conclusive unless it is shown that the board acted with fraud or a gross5-24
abuse of discretion. An action to challenge the determination made by the5-25
board must be commenced within 15 days after the board’s determination is5-26
final. As used in this subsection, "emergency" means any unexpected5-27
occurrence or combination of occurrences which requires immediate action5-28
by the board of county commissioners to prevent or mitigate a substantial5-29
financial loss to the county or to enable the board of county commissioners5-30
to provide an essential service to the residents of the county.5-31
3. The tax imposed pursuant to this section must be at such a rate and5-32
based on such criteria and classifications as the board of county5-33
commissioners determines to be appropriate. Each such determination is5-34
conclusive unless it constitutes an arbitrary and capricious abuse of5-35
discretion, but the tax imposed must not exceed $500 per single-family5-36
dwelling unit of new residential development, or the equivalent thereof as5-37
determined by the board of county commissioners, or 50 cents per square5-38
foot on other new development. If so provided in the ordinance, a newly5-39
developed lot for a mobile home shall be considered a single-family5-40
dwelling unit of new residential development.5-41
4. The tax imposed pursuant to this section must be collected before5-42
the time a certificate of occupancy for a building or other structure5-43
constituting new development is issued, or at such other time as is specified6-1
in the ordinance imposing the tax. If so provided in the ordinance, no6-2
certificate of occupancy may be issued by any local government unless6-3
proof of payment of the tax is filed with the person authorized to issue the6-4
certificate of occupancy. Collection of the tax imposed pursuant to this6-5
section must not commence earlier than the first day of the second calendar6-6
month after adoption of the ordinance imposing the tax.6-7
5. In a county in which a tax has been imposed pursuant to paragraph6-8
(a) of subsection 1, the revenue derived from the tax must be used6-9
exclusively to pay the cost of:6-10
(a) Projects related to the construction and maintenance of sidewalks,6-11
streets, avenues, boulevards, highways and other public rights of way used6-12
primarily for vehicular traffic, including, without limitation, overpass6-13
projects, street projects and underpass projects, as defined in NRS6-14
244A.037, 244A.053 and 244A.055, within the boundaries of the county or6-15
within 1 mile outside those boundaries if the board of county6-16
commissioners finds that such projects outside the boundaries of the county6-17
will facilitate transportation within the county;6-18
(b) The principal and interest on notes, bonds or other obligations6-19
incurred to fund projects described in paragraph (a); or6-20
(c) Any combination of those uses.6-21
6. In a transportation district in which a tax has been imposed pursuant6-22
to paragraph (b) of subsection 1, the revenue derived from the tax must be6-23
used exclusively to pay the cost of:6-24
(a) Projects related to the construction and maintenance of sidewalks,6-25
streets, avenues, boulevards, highways and other public rights of way used6-26
primarily for vehicular traffic, including, without limitation, overpass6-27
projects, street projects and underpass projects, as defined in NRS6-28
244A.037, 244A.053 and 244A.055, within the boundaries of the district or6-29
within such a distance outside those boundaries as is stated in the ordinance6-30
imposing the tax, if the board of county commissioners finds that such6-31
projects outside the boundaries of the district will facilitate transportation6-32
within the district;6-33
(b) The principal and interest on notes, bonds or other obligations6-34
incurred to fund projects described in paragraph (a); or6-35
(c) Any combination of those uses.6-36
7. The county may expend the proceeds of the tax authorized by this6-37
section, or any borrowing in anticipation of the tax, pursuant to an6-38
interlocal agreement between the county and the regional transportation6-39
commission of the county with respect to the projects to be financed with6-40
the proceeds of the tax.7-1
8. The provisions of chapter 278B of NRS and any action taken7-2
pursuant to that chapter do not limit or in any other way apply to any tax7-3
imposed pursuant to this section.7-4
Sec. 6. This act becomes effective on July 1, 1999.~