Senate Bill No. 33–Senator Shaffer
Prefiled January 25, 1999
____________
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
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 United2-1
States, or who, having so served, is still serving in the Armed Forces of the2-2
United States, is exempt from taxation.2-3
2. For the purpose of this section the first2-4
valuation of property in which such a person has any interest shall be2-5
deemed the property of that person.2-6
3. The exemption may be allowed only to a claimant who files an2-7
affidavit with his claim for exemption on real property pursuant to NRS2-8
361.155. The affidavit may be filed at any time by a person claiming2-9
exemption from taxation on personal property.2-10
4. The affidavit must be filed with the county assessor to the effect that2-11
the affiant is an actual bona fide resident of the State of Nevada who meets2-12
all the other requirements of subsection 1 and that the exemption is claimed2-13
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; and2-16
(b) The designation of any amount to be credited to the veterans’ home2-17
account,2-18
to the person each year following a year in which the exemption was2-19
allowed for that person. The form must be designed to facilitate its return by2-20
mail by the person claiming the exemption.2-21
5. Persons in actual military service are exempt during the period of2-22
such service from filing annual affidavits of exemption and the county2-23
assessors shall continue to grant exemption to such persons on the basis of2-24
the original affidavits filed. In the case of any person who has entered the2-25
military service without having previously made and filed an affidavit of2-26
exemption, the affidavit may be filed in his behalf during the period of such2-27
service by any person having knowledge of the facts.2-28
6. Before allowing any veteran’s exemption pursuant to the provisions2-29
of this chapter, the county assessor of each of the several counties of this2-30
state shall require proof of status of the veteran, and for that purpose shall2-31
require production of an honorable discharge or certificate of satisfactory2-32
service or a certified copy thereof, or such other proof of status as may be2-33
necessary.2-34
7. If any person files a false affidavit or produces false proof to the2-35
county assessor, and as a result of the false affidavit or false proof a tax2-36
exemption is allowed to a person not entitled to the exemption, he is guilty2-37
of a gross misdemeanor.2-38
8. Beginning with fiscal year 2000-2001, the monetary amounts in2-39
subsections 1 and 2 must be adjusted for each fiscal year by adding to2-40
each amount the product of the amount shown multiplied by the2-41
percentage increase in the Consumer Price Index from December 1999 to2-42
the December preceding the fiscal year for which the adjustment is2-43
calculated.3-1
Sec. 2. NRS 361.0905 is hereby amended to read as follows: 361.0905 1. Any person who qualifies for an exemption pursuant to3-3
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 which3-5
the tax would be reduced if he claimed his exemption; and3-6
(b) Direct the county assessor to deposit that amount for credit to the3-7
veterans’ home account established pursuant to NRS 417.145.3-8
2. Any person who wishes to waive his exemption pursuant to this3-9
section shall designate the amount to be credited to the account on a form3-10
provided by the Nevada tax commission.3-11
3. The county assessor shall deposit any money received pursuant to3-12
this section with the state treasurer for credit to the veterans’ home account3-13
established pursuant to NRS 417.145. The state treasurer shall not accept3-14
more than a total of3-15
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: 361.091 1. A bona fide resident of the State of Nevada who has3-18
incurred a permanent service-connected disability and has been honorably3-19
discharged from the Armed Forces of the United States, or his surviving3-20
spouse, is entitled to a disabled veteran’s exemption.3-21
2. The amount of exemption is based on the total percentage of3-22
permanent service-connected disability. The maximum allowable exemption3-23
for total permanent disability is the first3-24
valuation. A person with a permanent service-connected disability of:3-25
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of3-26
3-27
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of3-28
$10,000 assessed value.3-29
For the purposes of this section, any property in which an applicant has any3-30
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 an3-32
affidavit with his claim for exemption on real property pursuant to NRS3-33
361.155. The affidavit may be made at any time by a person claiming an3-34
exemption from taxation on personal property.3-35
4. The affidavit must be made before the county assessor or a notary3-36
public and be submitted to the county assessor. It must be to the effect that3-37
the affiant is a bona fide resident of the State of Nevada, that he meets all3-38
the other requirements of subsection 1 and that he does not claim the3-39
exemption in any other county within this state. After the filing of the3-40
original affidavit, the county assessor shall mail a form for renewal of the3-41
exemption to the person each year following a year in which the exemption3-42
was allowed for that person. The form must be designed to facilitate its3-43
return by mail by the person claiming the exemption.4-1
5. Before allowing any exemption pursuant to the provisions of this4-2
section, the county assessor shall require proof of the applicant’s status, and4-3
for that purpose shall require him to produce an original or certified copy4-4
of:4-5
(a) An honorable discharge or other document of honorable separation4-6
from the Armed Forces of the United States which indicates the total4-7
percentage of his permanent service-connected disability;4-8
(b) A certificate of satisfactory service which indicates the total4-9
percentage of his permanent service-connected disability; or4-10
(c) A certificate from the Department of Veterans Affairs or any other4-11
military document which shows that he has incurred a permanent service-4-12
connected disability and which indicates the total percentage of that4-13
disability, together with a certificate of honorable discharge or satisfactory4-14
service.4-15
6. A surviving spouse claiming an exemption pursuant to this section4-16
must file with the county assessor an affidavit declaring that:4-17
(a) The surviving spouse was married to and living with the disabled4-18
veteran for the 5 years preceding his death;4-19
(b) The disabled veteran was eligible for the exemption at the time of his4-20
death or would have been eligible if he had been a resident of the State of4-21
Nevada;4-22
(c) The surviving spouse has not remarried; and4-23
(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 certification4-25
required pursuant to subsections 4 and 5. After the filing of the original4-26
affidavit required by this subsection, the county assessor shall mail a form4-27
for renewal of the exemption to the person each year following a year in4-28
which the exemption was allowed for that person. The form must be4-29
designed to facilitate its return by mail by the person claiming the4-30
exemption.4-31
7. If a tax exemption is allowed under this section, the claimant is not4-32
entitled to an exemption under NRS 361.090.4-33
8. If any person makes a false affidavit or produces false proof to the4-34
county assessor or a notary public, and as a result of the false affidavit or4-35
false proof, the person is allowed a tax exemption to which he is not4-36
entitled, he is guilty of a gross misdemeanor.4-37
9. Beginning with fiscal year 2000-2001, the monetary amounts in4-38
subsection 2 must be adjusted for each fiscal year by adding to each4-39
amount the product of the amount shown multiplied by the percentage4-40
increase in the Consumer Price Index from December 1999 to the4-41
December preceding the fiscal year for which the adjustment is4-42
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 and5-2
used exclusively by any post of any national organization of ex-service men5-3
or women for the legitimate purposes and customary objects of such posts5-4
shall be exempt from taxation, but such exemption shall in no case exceed5-5
the sum of5-6
organization thereof.5-7
2. The buildings, with their fixtures and the lots of ground on which5-8
they stand, used for its legitimate purposes and necessary thereto, of any5-9
such organization shall be exempt from taxation, but when any such5-10
property is used for purposes other than those of such organization, and a5-11
rent or other valuable consideration is received for its use, the property so5-12
used shall be taxed.5-13
3. Where any structure or parcel of land is used partly for the purposes5-14
of such organization and partly for rental purposes, the area used for rental5-15
purposes shall be assessed separately and that portion only shall be taxed.5-16
4. Beginning with fiscal year 2000-2001, the monetary amount in5-17
subsection 1 must be adjusted for each fiscal year by adding to $10,0005-18
the product of $10,000 multiplied by the percentage increase in the5-19
Consumer Price Index from December 1999 to the December preceding5-20
the fiscal year for which the adjustment is calculated.5-21
Sec. 5. NRS 371.103 is hereby amended to read as follows: 371.103 1. Vehicles, to the extent of5-23
valuation, registered by any actual bona fide resident of the State of Nevada5-24
who:5-25
(a) Has served a minimum of 90 days on active duty, who was assigned5-26
to active duty at some time between April 21, 1898, and June 15, 1903, or5-27
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 of5-31
which was for training purposes, who was assigned to active duty at some5-32
time between January 1, 1961, and May 7, 1975; or5-33
(c) Has served on active duty in connection with carrying out the5-34
authorization granted to the President of the United States in Public Law5-35
102-1,5-36
and who received, upon severance from service, an honorable discharge or5-37
certificate of satisfactory service from the Armed Forces of the United5-38
States, or who, having so served, is still serving in the Armed Forces of the5-39
United States, is exempt from taxation.5-40
2. For the purpose of this section the first5-41
valuation of vehicles in which such a person has any interest shall be5-42
deemed to belong to that person.6-1
3. A person claiming the exemption shall file annually with the6-2
department in the county where the exemption is claimed an affidavit6-3
declaring that he is an actual bona fide resident of the State of Nevada who6-4
meets all the other requirements of subsection 1, and that the exemption is6-5
claimed in no other county within this state. After the filing of the original6-6
affidavit, the county assessor shall mail a form for:6-7
(a) The renewal of the exemption; and6-8
(b) The designation of any amount to be credited to the veterans’ home6-9
account,6-10
to the person each year following a year in which the exemption was6-11
allowed for that person. The form must be designed to facilitate its return by6-12
mail by the person claiming the exemption.6-13
4. Persons in actual military service are exempt during the period of6-14
such service from filing annual affidavits of exemption and the department6-15
shall grant exemptions to those persons on the basis of the original affidavits6-16
filed. In the case of any person who has entered the military service without6-17
having previously made and filed an affidavit of exemption, the affidavit6-18
may be filed in his behalf during the period of such service by any person6-19
having knowledge of the facts.6-20
5. Before allowing any veteran’s exemption pursuant to the provisions6-21
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 or6-23
certificate of satisfactory service or a certified copy thereof, or such other6-24
proof of status as may be necessary.6-25
6. If any person files a false affidavit or produces false proof to the6-26
department, and as a result of the false affidavit or false proof a tax6-27
exemption is allowed to a person not entitled to the exemption, he is guilty6-28
of a gross misdemeanor.6-29
7. Beginning with fiscal year 2000-2001, the monetary amounts in6-30
subsections 1 and 2 must be adjusted for each fiscal year by adding to6-31
each amount the product of the amount shown multiplied by the6-32
percentage increase in the Consumer Price Index from December 1999 to6-33
the December preceding the fiscal year for which the adjustment is6-34
calculated.6-35
Sec. 6. NRS 371.1035 is hereby amended to read as follows: 371.1035 1. Any person who qualifies for an exemption pursuant to6-37
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 the6-39
tax would be reduced if he claimed his exemption; and6-40
(b) Direct the department to deposit that amount for credit to the6-41
veterans’ home account established pursuant to NRS 417.145.7-1
2. Any person who wishes to waive his exemption pursuant to this7-2
section shall designate the amount to be credited to the account on a form7-3
provided by the department.7-4
3. The department shall deposit any money received pursuant to this7-5
section with the state treasurer for credit to the veterans’ home account7-6
established pursuant to NRS 417.145. The state treasurer shall not accept7-7
more than a total7-8
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: 371.104 1. A bona fide resident of the State of Nevada who has7-11
incurred a permanent service-connected disability and has been honorably7-12
discharged from the Armed Forces of the United States, or his surviving7-13
spouse, is entitled to a veteran’s exemption from the payment of vehicle7-14
privilege taxes on vehicles of the following determined valuations:7-15
(a) If he has a disability of 100 percent, the first7-16
determined valuation;7-17
(b) If he has a disability of 80 to 99 percent, inclusive, the first7-18
$15,000 of determined valuation; or7-19
(c) If he has a disability of 60 to 79 percent, inclusive, the first7-20
$10,000 of determined valuation.7-21
2. For the purpose of this section, the first7-22
determined valuation of vehicles in which an applicant has any interest shall7-23
be deemed to belong entirely to that person.7-24
3. A person claiming the exemption shall file annually with the7-25
department in the county where the exemption is claimed an affidavit7-26
declaring that he is a bona fide resident of the State of Nevada who meets7-27
all the other requirements of subsection 1, and that the exemption is claimed7-28
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 the7-30
person each year following a year in which the exemption was allowed for7-31
that person. The form must be designed to facilitate its return by mail by the7-32
person claiming the exemption.7-33
4. Before allowing any exemption pursuant to the provisions of this7-34
section, the department shall require proof of the applicant’s status, and for7-35
that purpose shall require production of:7-36
(a) A certificate from the Department of Veterans Affairs that the veteran7-37
has incurred a permanent service-connected disability, which shows the7-38
percentage of that disability; and7-39
(b) Any one of the following:7-40
(1) An honorable discharge;7-41
(2) A certificate of satisfactory service; or7-42
(3) A certified copy of either of these documents.8-1
5. A surviving spouse claiming an exemption pursuant to this section8-2
must file with the department in the county where the exemption is claimed8-3
an affidavit declaring that:8-4
(a) The surviving spouse was married to and living with the disabled8-5
veteran for the 5 years preceding his death;8-6
(b) The disabled veteran was eligible for the exemption at the time of his8-7
death; and8-8
(c) The surviving spouse has not remarried.8-9
The affidavit required by this subsection is in addition to the certification8-10
required pursuant to subsections 3 and 4. After the filing of the original8-11
affidavit required by this subsection, the county assessor shall mail a form8-12
for renewal of the exemption to the person each year following a year in8-13
which the exemption was allowed for that person. The form must be8-14
designed to facilitate its return by mail by the person claiming the8-15
exemption.8-16
6. If a tax exemption is allowed under this section, the claimant is not8-17
entitled to an exemption under NRS 371.103.8-18
7. If any person makes a false affidavit or produces false proof to the8-19
department, and as a result of the false affidavit or false proof, the person is8-20
allowed a tax exemption to which he is not entitled, he is guilty of a gross8-21
misdemeanor.8-22
8. Beginning with fiscal year 2000-2001, the monetary amounts in8-23
subsections 1 and 2 must be adjusted for each fiscal year by adding to8-24
each amount the product of the amount shown multiplied by the8-25
percentage increase in the Consumer Price Index from December 1999 to8-26
the December preceding the fiscal year for which the adjustment is8-27
calculated.8-28
Sec. 8. This act becomes effective on July 1, 1999.~