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 [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 taxes on fuels; revising procedures pursuant to which a board of county commissioners may impose an additional tax on fuel for jet or turbine-powered aircraft; 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. NRS 365.203 is hereby amended to read as follows:

1-2 365.203 1. A board of county commissioners may by ordinance, but

1-3 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 ; [, after receiving the approval of a

1-6 majority of the registered voters of the county voting on the question at a

1-7 primary, general or special election;] and

1-8 (b) Eight cents per gallon on aviation fuel.

1-9 [A county may combine this question with questions submitted pursuant to

1-10 NRS 244.3351, 278.710, 371.045 or 377A.020, or any combination

1-11 thereof.

1-12 2. A special election may be held only if the board of county

1-13 commissioners determines, by a unanimous vote, that an emergency exists.

1-14 The determination made by the board is conclusive unless it is shown that

1-15 the board acted with fraud or a gross abuse of discretion. An action to

1-16 challenge the determination made by the board must be commenced within

1-17 15 days after the board’s determination is final. As used in this subsection,

1-18 "emergency" means any unexpected occurrence or combination of

2-1 occurrences which requires immediate action by the board of county

2-2 commissioners to prevent or mitigate a substantial financial loss to the

2-3 county or to enable the board to provide an essential service to the residents

2-4 of the county.

2-5 3.] 2. A tax imposed pursuant to this section must be imposed on all

2-6 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 except

2-8 for the state or a political subdivision of the state.

2-9 [4.] 3. Collection of the tax imposed pursuant to this section must not

2-10 commence earlier than the first day of the second calendar month after

2-11 adoption of the ordinance imposing the tax.

2-12 Sec. 2. NRS 371.045 is hereby amended to read as follows:

2-13 371.045 1. A board of county commissioners may by ordinance, but

2-14 not as in a case of emergency, after receiving the approval of a majority of

2-15 the registered voters voting on the question at a primary, general or special

2-16 election, impose a supplemental privilege tax of not more than 1 cent on

2-17 each $1 of valuation of the vehicle for the privilege of operating upon the

2-18 public streets, roads and highways of the county on each vehicle based in

2-19 the county except:

2-20 (a) A vehicle exempt from the motor vehicle privilege tax pursuant to

2-21 this chapter; or

2-22 (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is

2-23 engaged in interstate or intercounty operations.

2-24 2. A county may combine this question with questions submitted

2-25 pursuant to NRS 244.3351, 278.710 [, 365.203] or 377A.020, or any

2-26 combination thereof.

2-27 3. A special election may be held only if the board of county

2-28 commissioners determines, by a unanimous vote, that an emergency exists.

2-29 The determination made by the board is conclusive unless it is shown that

2-30 the board acted with fraud or a gross abuse of discretion. An action to

2-31 challenge the determination made by the board must be commenced within

2-32 15 days after the board’s determination is final. As used in this subsection,

2-33 "emergency" means any unexpected occurrence or combination of

2-34 occurrences which requires immediate action by the board of county

2-35 commissioners to prevent or mitigate a substantial financial loss to the

2-36 county or to enable the board to provide an essential service to the residents

2-37 of the county.

2-38 4. Collection of the tax imposed pursuant to this section must not

2-39 commence earlier than the first day of the second calendar month after

2-40 adoption of the ordinance imposing the tax.

3-1 5. Except as otherwise provided in subsection 6 and NRS 371.047, the

3-2 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 used

3-5 primarily for vehicular traffic, including, without limitation, overpass

3-6 projects, street projects or underpass projects, as defined in NRS

3-7 244A.037, 244A.053 and 244A.055, within the boundaries of the county or

3-8 within 1 mile outside those boundaries if the board of county

3-9 commissioners finds that such projects outside the boundaries of the county

3-10 will facilitate transportation within the county;

3-11 (b) Payment of principal and interest on notes, bonds or other

3-12 obligations incurred to fund projects described in paragraph (a); or

3-13 (c) Any combination of those uses.

3-14 6. The county may expend the proceeds of the supplemental privilege

3-15 tax authorized by this section and NRS 371.047, or any borrowing in

3-16 anticipation of that tax, pursuant to an interlocal agreement between the

3-17 county and the regional transportation commission of the county with

3-18 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 in

3-20 NRS 482.011.

3-21 Sec. 3. NRS 377A.020 is hereby amended to read as follows:

3-22 377A.020 1. The board of county commissioners of any county may

3-23 enact an ordinance imposing a tax for a public transit system or for the

3-24 construction, maintenance and repair of public roads, or both, pursuant to

3-25 NRS 377A.030. The board of county commissioners of any county whose

3-26 population is less than 400,000 may enact an ordinance imposing a tax to

3-27 promote tourism pursuant to NRS 377A.030.

3-28 2. An ordinance enacted pursuant to this chapter may not become

3-29 effective before a question concerning the imposition of the tax is approved

3-30 by a majority of the registered voters of the county voting upon the

3-31 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 the

3-33 construction, maintenance and repair of public roads with questions

3-34 submitted pursuant to NRS 244.3351, 278.710 [, 365.203] or 371.045, or

3-35 any combination thereof. The board shall also submit to the voters at a

3-36 general election any proposal to increase the rate of the tax or change the

3-37 previously approved uses for the proceeds of the tax.

3-38 3. Any ordinance enacted pursuant to this section must specify the date

3-39 on which the tax must first be imposed or on which an increase in the rate

3-40 of the tax becomes effective, which must not be earlier than the first day of

3-41 the second calendar month following the approval of the question by the

3-42 voters.

4-1 Sec. 4. NRS 244.3351 is hereby amended to read as follows:

4-2 244.3351 1. Except as otherwise provided in subsection 2 of NRS

4-3 244.3359, in addition to all other taxes imposed on the revenue from the

4-4 rental of transient lodging, a board of county commissioners may by

4-5 ordinance, but not as in a case of emergency, impose a tax at the rate of 1

4-6 percent of the gross receipts from the rental of transient lodging pursuant to

4-7 either paragraph (a) or (b) as follows:

4-8 (a) After receiving the approval of a majority of the registered voters of

4-9 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 the

4-11 county, including its incorporated cities, upon all persons in the business of

4-12 providing lodging. The question may be combined with a question

4-13 submitted pursuant to NRS 278.710, [365.203,] 371.045 or 377A.020, or

4-14 any combination thereof.

4-15 (b) After receiving the approval of a majority of the registered voters

4-16 who reside within the boundaries of a transportation district created

4-17 pursuant to NRS 244A.252, voting on the question at a special, primary or

4-18 general district election, the board of county commissioners may impose

4-19 the tax within the boundaries of the transportation district upon all persons

4-20 in the business of providing lodging. The question may be combined with a

4-21 question submitted pursuant to NRS 278.710.

4-22 2. A special election may be held only if the board of county

4-23 commissioners determines, by a unanimous vote, that an emergency exists.

4-24 The determination made by the board of county commissioners is

4-25 conclusive unless it is shown that the board acted with fraud or a gross

4-26 abuse of discretion. An action to challenge the determination made by the

4-27 board must be commenced within 15 days after the board’s determination is

4-28 final. As used in this subsection, "emergency" means any unexpected

4-29 occurrence or combination of occurrences which requires immediate action

4-30 by the board of county commissioners to prevent or mitigate a substantial

4-31 financial loss to the county or to enable the board to provide an essential

4-32 service to the residents of the county.

4-33 3. The ordinance imposing the tax must include all the matters required

4-34 by NRS 244.3352 for the mandatory tax, must be administered in the same

4-35 manner, and imposes the same liabilities, except:

4-36 (a) Collection of the tax imposed pursuant to this section must not

4-37 commence earlier than the first day of the second calendar month after

4-38 adoption of the ordinance imposing the tax; and

4-39 (b) The governmental entity collecting the tax [must] shall transfer all

4-40 collections to the county and may not retain any part of the tax as a

4-41 collection or administrative fee.

5-1 Sec. 5. NRS 278.710 is hereby amended to read as follows:

5-2 278.710 1. A board of county commissioners may by ordinance, but

5-3 not as in a case of emergency, impose a tax for the improvement of

5-4 transportation on the privilege of new residential, commercial, industrial

5-5 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 of

5-7 the county voting on the question at a special election or the next primary

5-8 or general election, the board of county commissioners may impose the tax

5-9 throughout the county, including any such development in incorporated

5-10 cities in the county. A county may combine this question with a question

5-11 submitted pursuant to NRS 244.3351, [365.203,] 371.045 or 377A.020, or

5-12 any combination thereof.

5-13 (b) After receiving the approval of a majority of the registered voters

5-14 who reside within the boundaries of a transportation district created

5-15 pursuant to NRS 244A.252, voting on the question at a special or general

5-16 district election or primary or general state election, the board of county

5-17 commissioners may impose the tax within the boundaries of the district. A

5-18 county may combine this question with a question submitted pursuant to

5-19 NRS 244.3351.

5-20 2. A special election may be held only if the board of county

5-21 commissioners determines, by a unanimous vote, that an emergency exists.

5-22 The determination made by the board of county commissioners is

5-23 conclusive unless it is shown that the board acted with fraud or a gross

5-24 abuse of discretion. An action to challenge the determination made by the

5-25 board must be commenced within 15 days after the board’s determination is

5-26 final. As used in this subsection, "emergency" means any unexpected

5-27 occurrence or combination of occurrences which requires immediate action

5-28 by the board of county commissioners to prevent or mitigate a substantial

5-29 financial loss to the county or to enable the board of county commissioners

5-30 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 and

5-32 based on such criteria and classifications as the board of county

5-33 commissioners determines to be appropriate. Each such determination is

5-34 conclusive unless it constitutes an arbitrary and capricious abuse of

5-35 discretion, but the tax imposed must not exceed $500 per single-family

5-36 dwelling unit of new residential development, or the equivalent thereof as

5-37 determined by the board of county commissioners, or 50 cents per square

5-38 foot on other new development. If so provided in the ordinance, a newly

5-39 developed lot for a mobile home shall be considered a single-family

5-40 dwelling unit of new residential development.

5-41 4. The tax imposed pursuant to this section must be collected before

5-42 the time a certificate of occupancy for a building or other structure

5-43 constituting new development is issued, or at such other time as is specified

6-1 in the ordinance imposing the tax. If so provided in the ordinance, no

6-2 certificate of occupancy may be issued by any local government unless

6-3 proof of payment of the tax is filed with the person authorized to issue the

6-4 certificate of occupancy. Collection of the tax imposed pursuant to this

6-5 section must not commence earlier than the first day of the second calendar

6-6 month after adoption of the ordinance imposing the tax.

6-7 5. In a county in which a tax has been imposed pursuant to paragraph

6-8 (a) of subsection 1, the revenue derived from the tax must be used

6-9 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 used

6-12 primarily for vehicular traffic, including, without limitation, overpass

6-13 projects, street projects and underpass projects, as defined in NRS

6-14 244A.037, 244A.053 and 244A.055, within the boundaries of the county or

6-15 within 1 mile outside those boundaries if the board of county

6-16 commissioners finds that such projects outside the boundaries of the county

6-17 will facilitate transportation within the county;

6-18 (b) The principal and interest on notes, bonds or other obligations

6-19 incurred to fund projects described in paragraph (a); or

6-20 (c) Any combination of those uses.

6-21 6. In a transportation district in which a tax has been imposed pursuant

6-22 to paragraph (b) of subsection 1, the revenue derived from the tax must be

6-23 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 used

6-26 primarily for vehicular traffic, including, without limitation, overpass

6-27 projects, street projects and underpass projects, as defined in NRS

6-28 244A.037, 244A.053 and 244A.055, within the boundaries of the district or

6-29 within such a distance outside those boundaries as is stated in the ordinance

6-30 imposing the tax, if the board of county commissioners finds that such

6-31 projects outside the boundaries of the district will facilitate transportation

6-32 within the district;

6-33 (b) The principal and interest on notes, bonds or other obligations

6-34 incurred to fund projects described in paragraph (a); or

6-35 (c) Any combination of those uses.

6-36 7. The county may expend the proceeds of the tax authorized by this

6-37 section, or any borrowing in anticipation of the tax, pursuant to an

6-38 interlocal agreement between the county and the regional transportation

6-39 commission of the county with respect to the projects to be financed with

6-40 the proceeds of the tax.

7-1 8. The provisions of chapter 278B of NRS and any action taken

7-2 pursuant to that chapter do not limit or in any other way apply to any tax

7-3 imposed pursuant to this section.

7-4 Sec. 6. This act becomes effective on July 1, 1999.

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