Senate Joint Resolution No. 20–Committee on
Government Affairs
(On Behalf of Legislative Committee to Study the
Distribution Among Local Governments of
Revenue From State and Local Taxes)
March 22, 1999
____________
Referred to Committee on Taxation
SUMMARY—Proposes to amend Nevada Constitution to provide requirements for enactment of property and sales tax exemptions. (BDR C-709)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
SENATE JOINT RESOLUTION—Proposing to amend the Constitution of the State of
Nevada to provide requirements for the enactment of property and sales tax exemptions.
1-1
Resolved by the Senate and Assembly of the State of Nevada,1-2
Jointly, That a new section, designated section 6, be added to article 101-3
of the Constitution of the State of Nevada to read as follows:1-4
Sec. 6. 1. The Legislature shall not enact an exemption from any1-5
ad valorem tax on property or excise tax on the sale, storage, use or1-6
consumption of tangible personal property sold at retail unless the1-7
Legislature:1-8
(a) Determines that the exemption will achieve a bona fide social or1-9
economic purpose;1-10
(b) Restricts the eligibility for the exemption solely to the intended1-11
beneficiaries of the exemption;1-12
(c) Determines that the exemption will not have a material adverse1-13
effect on the finances of the state or any local government that would1-14
otherwise receive revenue from the tax from which the exemption would1-15
be granted;2-1
(d) Determines that the exemption will not impair adversely the ability2-2
of the state or a unit of government to pay, when due, all interest and2-3
principal on any outstanding bonds or any other obligations for which2-4
revenue from the tax from which the exemption would be granted was2-5
pledged; and2-6
(e) Ensures that the requirements for claiming the exemption are as2-7
similar as practicable for similar classes of taxpayers.2-8
2. The Legislature shall review any exemption from any tax on2-9
property or on the sale, storage, use or consumption of tangible personal2-10
property sold at retail at least once every 6 years to determine whether the2-11
purpose of the exemption is still valid and that the exemption is being2-12
used effectively.~