Senate Bill No. 33–Senator Shaffer

Prefiled January 25, 1999

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Referred to Committee on Taxation

 

SUMMARY—Makes various changes concerning exemptions from property and vehicle privilege taxes for veterans. (BDR 32-1180)

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 [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 taxation; increasing and providing for the adjustment of the amount of the exemptions from property and vehicle privilege taxes for veterans and veterans’ organizations; increasing the maximum amount that the state treasurer may accept from certain persons for credit to the veterans’ home account; 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 361.090 is hereby amended to read as follows:

1-2 361.090 1. The property, to the extent of [$1,000] $2,000 assessed

1-3 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 assigned

1-5 to active duty at some time between April 21, 1898, and June 15, 1903, or

1-6 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 of

1-10 which was for training purposes, who was assigned to active duty at some

1-11 time between January 1, 1961, and May 7, 1975; or

1-12 (c) Has served on active duty in connection with carrying out the

1-13 authorization granted to the President of the United States in Public Law

1-14 102-1,

1-15 and who received, upon severance from service, an honorable discharge or

1-16 certificate of satisfactory service from the Armed Forces of the United

2-1 States, or who, having so served, is still serving in the Armed Forces of the

2-2 United States, is exempt from taxation.

2-3 2. For the purpose of this section the first [$1,000] $2,000 assessed

2-4 valuation of property in which such a person has any interest shall be

2-5 deemed the property of that person.

2-6 3. The exemption may be allowed only to a claimant who files an

2-7 affidavit with his claim for exemption on real property pursuant to NRS

2-8 361.155. The affidavit may be filed at any time by a person claiming

2-9 exemption from taxation on personal property.

2-10 4. The affidavit must be filed with the county assessor to the effect that

2-11 the affiant is an actual bona fide resident of the State of Nevada who meets

2-12 all the other requirements of subsection 1 and that the exemption is claimed

2-13 in no other county within this state. After the filing of the original affidavit,

2-14 the county assessor shall mail a form for:

2-15 (a) The renewal of the exemption; and

2-16 (b) The designation of any amount to be credited to the veterans’ home

2-17 account,

2-18 to the person each year following a year in which the exemption was

2-19 allowed for that person. The form must be designed to facilitate its return by

2-20 mail by the person claiming the exemption.

2-21 5. Persons in actual military service are exempt during the period of

2-22 such service from filing annual affidavits of exemption and the county

2-23 assessors shall continue to grant exemption to such persons on the basis of

2-24 the original affidavits filed. In the case of any person who has entered the

2-25 military service without having previously made and filed an affidavit of

2-26 exemption, the affidavit may be filed in his behalf during the period of such

2-27 service by any person having knowledge of the facts.

2-28 6. Before allowing any veteran’s exemption pursuant to the provisions

2-29 of this chapter, the county assessor of each of the several counties of this

2-30 state shall require proof of status of the veteran, and for that purpose shall

2-31 require production of an honorable discharge or certificate of satisfactory

2-32 service or a certified copy thereof, or such other proof of status as may be

2-33 necessary.

2-34 7. If any person files a false affidavit or produces false proof to the

2-35 county assessor, and as a result of the false affidavit or false proof a tax

2-36 exemption is allowed to a person not entitled to the exemption, he is guilty

2-37 of a gross misdemeanor.

2-38 8. Beginning with fiscal year 2000-2001, the monetary amounts in

2-39 subsections 1 and 2 must be adjusted for each fiscal year by adding to

2-40 each amount the product of the amount shown multiplied by the

2-41 percentage increase in the Consumer Price Index from December 1999 to

2-42 the December preceding the fiscal year for which the adjustment is

2-43 calculated.

3-1 Sec. 2. NRS 361.0905 is hereby amended to read as follows:

3-2 361.0905 1. Any person who qualifies for an exemption pursuant to

3-3 NRS 361.090 may, in lieu of claiming his exemption:

3-4 (a) Pay to the county assessor all or any portion of the amount by which

3-5 the tax would be reduced if he claimed his exemption; and

3-6 (b) Direct the county assessor to deposit that amount for credit to the

3-7 veterans’ home account established pursuant to NRS 417.145.

3-8 2. Any person who wishes to waive his exemption pursuant to this

3-9 section shall designate the amount to be credited to the account on a form

3-10 provided by the Nevada tax commission.

3-11 3. The county assessor shall deposit any money received pursuant to

3-12 this section with the state treasurer for credit to the veterans’ home account

3-13 established pursuant to NRS 417.145. The state treasurer shall not accept

3-14 more than a total of [$1,000,000] $2,000,000 for credit to the account

3-15 pursuant to this section and NRS 371.1035 during any fiscal year.

3-16 Sec. 3. NRS 361.091 is hereby amended to read as follows:

3-17 361.091 1. A bona fide resident of the State of Nevada who has

3-18 incurred a permanent service-connected disability and has been honorably

3-19 discharged from the Armed Forces of the United States, or his surviving

3-20 spouse, is entitled to a disabled veteran’s exemption.

3-21 2. The amount of exemption is based on the total percentage of

3-22 permanent service-connected disability. The maximum allowable exemption

3-23 for total permanent disability is the first [$10,000] $20,000 assessed

3-24 valuation. A person with a permanent service-connected disability of:

3-25 (a) Eighty to 99 percent, inclusive, is entitled to an exemption of

3-26 [$7,500] $15,000 assessed value.

3-27 (b) Sixty to 79 percent, inclusive, is entitled to an exemption of [$5,000]

3-28 $10,000 assessed value.

3-29 For the purposes of this section, any property in which an applicant has any

3-30 interest is deemed to be the property of the applicant.

3-31 3. The exemption may be allowed only to a claimant who has filed an

3-32 affidavit with his claim for exemption on real property pursuant to NRS

3-33 361.155. The affidavit may be made at any time by a person claiming an

3-34 exemption from taxation on personal property.

3-35 4. The affidavit must be made before the county assessor or a notary

3-36 public and be submitted to the county assessor. It must be to the effect that

3-37 the affiant is a bona fide resident of the State of Nevada, that he meets all

3-38 the other requirements of subsection 1 and that he does not claim the

3-39 exemption in any other county within this state. After the filing of the

3-40 original affidavit, the county assessor shall mail a form for renewal of the

3-41 exemption to the person each year following a year in which the exemption

3-42 was allowed for that person. The form must be designed to facilitate its

3-43 return by mail by the person claiming the exemption.

4-1 5. Before allowing any exemption pursuant to the provisions of this

4-2 section, the county assessor shall require proof of the applicant’s status, and

4-3 for that purpose shall require him to produce an original or certified copy

4-4 of:

4-5 (a) An honorable discharge or other document of honorable separation

4-6 from the Armed Forces of the United States which indicates the total

4-7 percentage of his permanent service-connected disability;

4-8 (b) A certificate of satisfactory service which indicates the total

4-9 percentage of his permanent service-connected disability; or

4-10 (c) A certificate from the Department of Veterans Affairs or any other

4-11 military document which shows that he has incurred a permanent service-

4-12 connected disability and which indicates the total percentage of that

4-13 disability, together with a certificate of honorable discharge or satisfactory

4-14 service.

4-15 6. A surviving spouse claiming an exemption pursuant to this section

4-16 must file with the county assessor an affidavit declaring that:

4-17 (a) The surviving spouse was married to and living with the disabled

4-18 veteran for the 5 years preceding his death;

4-19 (b) The disabled veteran was eligible for the exemption at the time of his

4-20 death or would have been eligible if he had been a resident of the State of

4-21 Nevada;

4-22 (c) The surviving spouse has not remarried; and

4-23 (d) The surviving spouse is a bona fide resident of the State of Nevada.

4-24 The affidavit required by this subsection is in addition to the certification

4-25 required pursuant to subsections 4 and 5. After the filing of the original

4-26 affidavit required by this subsection, the county assessor shall mail a form

4-27 for renewal of the exemption to the person each year following a year in

4-28 which the exemption was allowed for that person. The form must be

4-29 designed to facilitate its return by mail by the person claiming the

4-30 exemption.

4-31 7. If a tax exemption is allowed under this section, the claimant is not

4-32 entitled to an exemption under NRS 361.090.

4-33 8. If any person makes a false affidavit or produces false proof to the

4-34 county assessor or a notary public, and as a result of the false affidavit or

4-35 false proof, the person is allowed a tax exemption to which he is not

4-36 entitled, he is guilty of a gross misdemeanor.

4-37 9. Beginning with fiscal year 2000-2001, the monetary amounts in

4-38 subsection 2 must be adjusted for each fiscal year by adding to each

4-39 amount the product of the amount shown multiplied by the percentage

4-40 increase in the Consumer Price Index from December 1999 to the

4-41 December preceding the fiscal year for which the adjustment is

4-42 calculated.

4-43 Sec. 4. NRS 361.095 is hereby amended to read as follows:

5-1 361.095 1. The funds, furniture, paraphernalia and regalia owned and

5-2 used exclusively by any post of any national organization of ex-service men

5-3 or women for the legitimate purposes and customary objects of such posts

5-4 shall be exempt from taxation, but such exemption shall in no case exceed

5-5 the sum of [$5,000] $10,000 assessed valuation to any one post or

5-6 organization thereof.

5-7 2. The buildings, with their fixtures and the lots of ground on which

5-8 they stand, used for its legitimate purposes and necessary thereto, of any

5-9 such organization shall be exempt from taxation, but when any such

5-10 property is used for purposes other than those of such organization, and a

5-11 rent or other valuable consideration is received for its use, the property so

5-12 used shall be taxed.

5-13 3. Where any structure or parcel of land is used partly for the purposes

5-14 of such organization and partly for rental purposes, the area used for rental

5-15 purposes shall be assessed separately and that portion only shall be taxed.

5-16 4. Beginning with fiscal year 2000-2001, the monetary amount in

5-17 subsection 1 must be adjusted for each fiscal year by adding to $10,000

5-18 the product of $10,000 multiplied by the percentage increase in the

5-19 Consumer Price Index from December 1999 to the December preceding

5-20 the fiscal year for which the adjustment is calculated.

5-21 Sec. 5. NRS 371.103 is hereby amended to read as follows:

5-22 371.103 1. Vehicles, to the extent of [$1,000] $2,000 determined

5-23 valuation, registered by any actual bona fide resident of the State of Nevada

5-24 who:

5-25 (a) Has served a minimum of 90 days on active duty, who was assigned

5-26 to active duty at some time between April 21, 1898, and June 15, 1903, or

5-27 between April 6, 1917, and November 11, 1918, or between December 7,

5-28 1941, and December 31, 1946, or between June 25, 1950, and January 31,

5-29 1955;

5-30 (b) Has served a minimum of 90 continuous days on active duty none of

5-31 which was for training purposes, who was assigned to active duty at some

5-32 time between January 1, 1961, and May 7, 1975; or

5-33 (c) Has served on active duty in connection with carrying out the

5-34 authorization granted to the President of the United States in Public Law

5-35 102-1,

5-36 and who received, upon severance from service, an honorable discharge or

5-37 certificate of satisfactory service from the Armed Forces of the United

5-38 States, or who, having so served, is still serving in the Armed Forces of the

5-39 United States, is exempt from taxation.

5-40 2. For the purpose of this section the first [$1,000] $2,000 determined

5-41 valuation of vehicles in which such a person has any interest shall be

5-42 deemed to belong to that person.

6-1 3. A person claiming the exemption shall file annually with the

6-2 department in the county where the exemption is claimed an affidavit

6-3 declaring that he is an actual bona fide resident of the State of Nevada who

6-4 meets all the other requirements of subsection 1, and that the exemption is

6-5 claimed in no other county within this state. After the filing of the original

6-6 affidavit, the county assessor shall mail a form for:

6-7 (a) The renewal of the exemption; and

6-8 (b) The designation of any amount to be credited to the veterans’ home

6-9 account,

6-10 to the person each year following a year in which the exemption was

6-11 allowed for that person. The form must be designed to facilitate its return by

6-12 mail by the person claiming the exemption.

6-13 4. Persons in actual military service are exempt during the period of

6-14 such service from filing annual affidavits of exemption and the department

6-15 shall grant exemptions to those persons on the basis of the original affidavits

6-16 filed. In the case of any person who has entered the military service without

6-17 having previously made and filed an affidavit of exemption, the affidavit

6-18 may be filed in his behalf during the period of such service by any person

6-19 having knowledge of the facts.

6-20 5. Before allowing any veteran’s exemption pursuant to the provisions

6-21 of this chapter, the department shall require proof of status of the veteran,

6-22 and for that purpose shall require production of an honorable discharge or

6-23 certificate of satisfactory service or a certified copy thereof, or such other

6-24 proof of status as may be necessary.

6-25 6. If any person files a false affidavit or produces false proof to the

6-26 department, and as a result of the false affidavit or false proof a tax

6-27 exemption is allowed to a person not entitled to the exemption, he is guilty

6-28 of a gross misdemeanor.

6-29 7. Beginning with fiscal year 2000-2001, the monetary amounts in

6-30 subsections 1 and 2 must be adjusted for each fiscal year by adding to

6-31 each amount the product of the amount shown multiplied by the

6-32 percentage increase in the Consumer Price Index from December 1999 to

6-33 the December preceding the fiscal year for which the adjustment is

6-34 calculated.

6-35 Sec. 6. NRS 371.1035 is hereby amended to read as follows:

6-36 371.1035 1. Any person who qualifies for an exemption pursuant to

6-37 NRS 371.103 may, in lieu of claiming his exemption:

6-38 (a) Pay to the department all or any portion of the amount by which the

6-39 tax would be reduced if he claimed his exemption; and

6-40 (b) Direct the department to deposit that amount for credit to the

6-41 veterans’ home account established pursuant to NRS 417.145.

7-1 2. Any person who wishes to waive his exemption pursuant to this

7-2 section shall designate the amount to be credited to the account on a form

7-3 provided by the department.

7-4 3. The department shall deposit any money received pursuant to this

7-5 section with the state treasurer for credit to the veterans’ home account

7-6 established pursuant to NRS 417.145. The state treasurer shall not accept

7-7 more than a total [$1,000,000] of $2,000,000 for credit to the account

7-8 pursuant to this section and NRS 361.0905 during any fiscal year.

7-9 Sec. 7. NRS 371.104 is hereby amended to read as follows:

7-10 371.104 1. A bona fide resident of the State of Nevada who has

7-11 incurred a permanent service-connected disability and has been honorably

7-12 discharged from the Armed Forces of the United States, or his surviving

7-13 spouse, is entitled to a veteran’s exemption from the payment of vehicle

7-14 privilege taxes on vehicles of the following determined valuations:

7-15 (a) If he has a disability of 100 percent, the first [$10,000] $20,000 of

7-16 determined valuation;

7-17 (b) If he has a disability of 80 to 99 percent, inclusive, the first [$7,500]

7-18 $15,000 of determined valuation; or

7-19 (c) If he has a disability of 60 to 79 percent, inclusive, the first [$5,000]

7-20 $10,000 of determined valuation.

7-21 2. For the purpose of this section, the first [$10,000] $20,000

7-22 determined valuation of vehicles in which an applicant has any interest shall

7-23 be deemed to belong entirely to that person.

7-24 3. A person claiming the exemption shall file annually with the

7-25 department in the county where the exemption is claimed an affidavit

7-26 declaring that he is a bona fide resident of the State of Nevada who meets

7-27 all the other requirements of subsection 1, and that the exemption is claimed

7-28 in no other county within this state. After the filing of the original affidavit,

7-29 the county assessor shall mail a form for renewal of the exemption to the

7-30 person each year following a year in which the exemption was allowed for

7-31 that person. The form must be designed to facilitate its return by mail by the

7-32 person claiming the exemption.

7-33 4. Before allowing any exemption pursuant to the provisions of this

7-34 section, the department shall require proof of the applicant’s status, and for

7-35 that purpose shall require production of:

7-36 (a) A certificate from the Department of Veterans Affairs that the veteran

7-37 has incurred a permanent service-connected disability, which shows the

7-38 percentage of that disability; and

7-39 (b) Any one of the following:

7-40 (1) An honorable discharge;

7-41 (2) A certificate of satisfactory service; or

7-42 (3) A certified copy of either of these documents.

8-1 5. A surviving spouse claiming an exemption pursuant to this section

8-2 must file with the department in the county where the exemption is claimed

8-3 an affidavit declaring that:

8-4 (a) The surviving spouse was married to and living with the disabled

8-5 veteran for the 5 years preceding his death;

8-6 (b) The disabled veteran was eligible for the exemption at the time of his

8-7 death; and

8-8 (c) The surviving spouse has not remarried.

8-9 The affidavit required by this subsection is in addition to the certification

8-10 required pursuant to subsections 3 and 4. After the filing of the original

8-11 affidavit required by this subsection, the county assessor shall mail a form

8-12 for renewal of the exemption to the person each year following a year in

8-13 which the exemption was allowed for that person. The form must be

8-14 designed to facilitate its return by mail by the person claiming the

8-15 exemption.

8-16 6. If a tax exemption is allowed under this section, the claimant is not

8-17 entitled to an exemption under NRS 371.103.

8-18 7. If any person makes a false affidavit or produces false proof to the

8-19 department, and as a result of the false affidavit or false proof, the person is

8-20 allowed a tax exemption to which he is not entitled, he is guilty of a gross

8-21 misdemeanor.

8-22 8. Beginning with fiscal year 2000-2001, the monetary amounts in

8-23 subsections 1 and 2 must be adjusted for each fiscal year by adding to

8-24 each amount the product of the amount shown multiplied by the

8-25 percentage increase in the Consumer Price Index from December 1999 to

8-26 the December preceding the fiscal year for which the adjustment is

8-27 calculated.

8-28 Sec. 8. This act becomes effective on July 1, 1999.

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