(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Joint Resolution No. 8–Assemblyman Hettrick

 

March 19, 2001

____________

 

Referred to Committee on Taxation

 

SUMMARY—Proposes to amend Nevada Constitution to provide for separate taxation of certain property regulated by interstate compact and to provide for abatement of tax upon or exemption of part of assessed value of undeveloped land or single-family residence under certain circumstances. (BDR C‑785)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                     Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

Assembly Joint RESOLUTION—Proposing to amend the Constitution of the State of Nevada to authorize the Nevada legislature to provide for the separate taxation of property whose development is restricted by an interstate compact for environmental purposes and to provide for an abatement of the tax upon or an exemption of part of the assessed value of undeveloped land or a single-family residence under certain circumstances.

 

1-1    Resolved by the Assembly and Senate of the State of Nevada,

1-2  Jointly, That section 1 of article 10 of the Constitution of the State of

1-3  Nevada be amended to read as follows:

1-4    Section 1.  1.  The legislature shall provide by law for a uniform and

1-5  equal rate of assessment and taxation, and shall prescribe such regulations

1-6  as shall secure a just valuation for taxation of all property, real, personal

1-7  and possessory, except mines and mining claims, which shall be assessed

1-8  and taxed only as provided in section 5 of this article.

1-9    2.  Shares of stock, bonds, mortgages, notes, bank deposits, book

1-10  accounts and credits, and securities and choses in action of like character

1-11  are deemed to represent interest in property already assessed and taxed,

1-12  either in Nevada or elsewhere, and shall be exempt.

1-13    3.  The legislature may constitute [agricultural] :

1-14    (a) Agricultural and open-space real property having a greater value for

1-15  another use than that for which it is being used[, as a separate class] ; and

1-16    (b) Property the development of which is restricted pursuant to an

1-17  interstate compact for the preservation and restoration of the natural

1-18  environment of the region in which the property is located,

1-19  as separate classes for taxation purposes and may provide [a] separate

1-20  uniform [plan] plans for appraisal and valuation of such property for

2-1  assessment purposes. If such a plan is provided, the legislature shall also

2-2  provide for retroactive assessment for a period of not less than 7 years

2-3  when the agricultural and open-space real property is converted to a higher

2-4  use conforming to the use for which other nearby property is used[.] , or

2-5  the property the development of which is restricted is subsequently

2-6  developed.

2-7    4.  Personal property which is moving in interstate commerce through

2-8  or over the territory of the State of Nevada, or which was consigned to a

2-9  warehouse, public or private, within the State of Nevada from outside the

2-10  State of Nevada for storage in transit to a final destination outside the State

2-11  of Nevada, whether specified when transportation begins or afterward,

2-12  shall be deemed to have acquired no situs in Nevada for purposes of

2-13  taxation and shall be exempt from taxation. Such property shall not be

2-14  deprived of such exemption because while in the warehouse the property is

2-15  assembled, bound, joined, processed, disassembled, divided, cut, broken in

2-16  bulk, relabeled or repackaged.

2-17    5.  The legislature may exempt motor vehicles from the provisions of

2-18  the tax required by this section, and in lieu thereof, if such exemption is

2-19  granted, shall provide for a uniform and equal rate of assessment and

2-20  taxation of motor vehicles, which rate shall not exceed five cents on one

2-21  dollar of assessed valuation.

2-22    6.  The legislature shall provide by law for a progressive reduction in

2-23  the tax upon business inventories by 20 percent in each year following the

2-24  adoption of this provision, and after the expiration of the 4th year such

2-25  inventories are exempt from taxation. The legislature may exempt any

2-26  other personal property, including livestock.

2-27    7.  No inheritance tax shall ever be levied.

2-28    8.  The legislature may exempt by law property used for municipal,

2-29  educational, literary, scientific or other charitable purposes, or to encourage

2-30  the conservation of energy or the substitution of other sources for fossil

2-31  sources of energy.

2-32    9.  No income tax shall be levied upon the wages or personal income of

2-33  natural persons. Notwithstanding the foregoing provision, and except as

2-34  otherwise provided in subsection 1 of this section, taxes may be levied

2-35  upon the income or revenue of any business in whatever form it may be

2-36  conducted for profit in the state.

2-37    10.  The legislature may provide by law for an abatement of the tax

2-38  upon or an exemption of part of the assessed value of undeveloped land

2-39  or a single-family residence occupied by the owner, or both, to the extent

2-40  necessary to avoid severe economic hardship to the owner of the land or

2-41  residence.

 

2-42  H