Senate Bill No. 408–Committee on Government Affairs
(On Behalf of Washoe County)
March 15, 1999
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing rate of residential construction tax that may be imposed on development of mobile home lots. (BDR 22-568)
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 278.4973 is hereby amended to read as follows: 278.4973 "Mobile home"1-3
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Sec. 2. NRS 278.4983 is hereby amended to read as follows: 278.4983 1. The city council of any city or the board of county1-8
commissioners of any county which has adopted a master plan and1-9
recreation plan, as provided in this chapter, which includes, as a part of the1-10
plan, future or present sites for neighborhood parks may, by ordinance,1-11
impose a residential construction tax pursuant to this section.1-12
2. If imposed, the residential construction tax must be imposed on the1-13
privilege of constructing apartment houses and residential dwelling units1-14
and developing mobile home lots in the respective cities and counties. The1-15
rate of the tax must not exceed :1-16
(a) With respect to the construction of apartment houses and1-17
residential dwelling units, 1 percent of the valuation of each building2-1
permit issued2-2
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the city council of the city or the board of county commissioners of the2-4
county shall adopt an ordinance basing the valuation of building permits on2-5
the actual costs of residential construction in the area.2-6
(b) With respect to the development of mobile home lots, for each2-7
mobile home lot authorized by a lot development permit, 50 percent of2-8
the average residential construction tax paid per residential dwelling unit2-9
in the respective city or county during the calendar year next preceding2-10
the fiscal year in which the lot development permit is issued.2-11
3. The purpose of the tax is to raise revenue to enable the cities and2-12
counties to provide neighborhood parks and facilities for parks which are2-13
required by the residents of those apartment houses, mobile homes and2-14
residences.2-15
4. An ordinance enacted pursuant to subsection 1 must establish the2-16
procedures for collecting the tax, set its rate, and determine the purposes2-17
for which the tax is to be used, subject to the restrictions and standards2-18
provided in this chapter. The ordinance must, without limiting the general2-19
powers conferred in this chapter, also include:2-20
(a) Provisions for the creation, in accordance with the applicable master2-21
plan, of park districts which would serve neighborhoods within the city or2-22
county.2-23
(b) A provision for collecting the tax at the time of issuance of a2-24
building permit for the construction of any apartment houses2-25
residential dwelling units , or a lot development permit for the2-26
development of mobile home lots .2-27
5. All2-28
provisions of this section and any ordinance enacted by a city council or2-29
board of county commissioners, and all interest accrued on the money,2-30
must be placed with the city treasurer or county treasurer in a special fund.2-31
Except as otherwise provided in subsection 6, the money in the fund may2-32
only be used for the acquisition, improvement and expansion of2-33
neighborhood parks or the installation of facilities in existing or2-34
neighborhood parks in the city or county. Money in the fund must be2-35
expended for the benefit of the neighborhood from which it was collected.2-36
6. If a neighborhood park has not been developed or facilities have not2-37
been installed in an existing park in the park district created to serve the2-38
neighborhood in which the subdivision or development is located within 32-39
years after the date on which 75 percent of the residential dwelling units2-40
authorized within that subdivision or development first became occupied,2-41
all money paid by the subdivider or developer, together with interest at the3-1
rate at which the city or county has invested the money in the fund, must be3-2
refunded to the owners of the lots in the subdivision or development at the3-3
time of the reversion on a pro rata basis.3-4
7. The limitation of time established pursuant to subsection 6 is3-5
suspended for any period, not to exceed 1 year, during which this state or3-6
the Federal Government takes any action to protect the environment or an3-7
endangered species which prohibits, stops or delays the development of a3-8
park or installation of facilities.3-9
8. For the purposes of this section:3-10
(a) "Facilities" means turf, trees, irrigation, playground apparatus,3-11
playing fields, play areas, picnic areas, horseshoe pits and other3-12
recreational equipment or appurtenances designed to serve the natural3-13
persons, families and small groups from the neighborhood from which the3-14
tax was collected.3-15
(b) "Neighborhood park" means a site not exceeding 25 acres, designed3-16
to serve the recreational and outdoor needs of natural persons, families and3-17
small groups.3-18
Sec. 3. This act becomes effective on July 1, 1999.~