A.B. 533
Assembly Bill No. 533–Committee on Taxation
(On Behalf of the County Assessors Association)
March 24, 2003
____________
Referred to Committee on Taxation
SUMMARY—Makes various changes to provisions governing the recordation and taxation of property. (BDR 32‑122)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
~
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 property; revising the qualifications for obtaining an exemption from the property and governmental services taxes for a surviving spouse, orphan child, blind person, veteran or disabled veteran; providing for the adjustment of the amount of the exemptions from the property and governmental services taxes for surviving spouses, orphan children and blind persons; revising the limitation on the computed taxable value of property; revising the circumstances under which a person may have the valuation of his property changed or corrected; providing specifically that a tax lien is superior to all other liens on the taxable property; establishing a procedure for the detachment of territory from cities to avoid division of legal tax parcels; requiring certain digital documents maintained by a county recorder to be compatible with the information technology used by the county assessor; 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 360.215 is hereby amended to read as follows:
1-2 360.215 1. The Department:
2-1 [1.] (a) May assist the county assessors in appraising property
2-2 within their respective counties which the ratio study shows to be in
2-3 need of reappraisal.
2-4 [2. Shall]
2-5 (b) Has the exclusive authority to consult with and assist county
2-6 assessors to develop and maintain standard assessment procedures
2-7 to be applied and used in all of the counties of the State, to ensure
2-8 that assessments of property by county assessors are made equal in
2-9 each of the several counties of this state. These procedures must
2-10 include uniform methods for:
2-11 [(a)] (1) Assessing, projecting and reporting construction work
2-12 in progress and other new property; and
2-13 [(b)] (2) Counting and reporting housing units.
2-14 [3. Shall]
2-15 (c) Has the exclusive authority to visit a selective cross section
2-16 of assessable properties within the various counties in cooperation
2-17 with the county assessor and examine these properties and compare
2-18 them with the tax roll and assist the various county assessors in
2-19 correcting any inequalities found to exist with factors of equal value
2-20 and actual assessed value considered, and place upon the rolls any
2-21 property found to be omitted from the tax roll.
2-22 [4.] (d) Shall carry on a continuing study, the object of which is
2-23 the equalization of property values between counties.
2-24 [5.] (e) Shall carry on a program of in-service training for
2-25 county assessors of the several counties of the State, and each year
2-26 hold classes of instruction in assessing procedure for the purpose of
2-27 bringing each county assessor and his authorized personnel the
2-28 newest methods, procedures and practices in assessing property.
2-29 Expenses of attending such classes are a proper and allowable
2-30 charge by the board of county commissioners in each county.
2-31 [6. Shall continually supervise]
2-32 (f) Has the exclusive authority to continually supervise
2-33 assessment procedures which are carried on in the several counties
2-34 of the State and advise county assessors in the application of such
2-35 procedures. The Department shall make a complete written report to
2-36 each session of the Legislature, which must include all reports of its
2-37 activities and findings and all recommendations which it has made
2-38 to the several county assessors, and the extent to which the
2-39 recommendations have been followed.
2-40 [7.] (g) Shall carry on a continuing program to maintain and
2-41 study the assessment of public utilities and all other property
2-42 assessed by the Department to the end that the assessment is
2-43 equalized with the property assessable by county assessors.
2-44 [8.] (h) May conduct appraisals at the request of and in
2-45 conjunction with any county assessor when the assessor considers
3-1 such assistance necessary. One-half of the cost of the appraisal must
3-2 be paid by the county. In lieu of a cash payment, the county may
3-3 provide labor, material or services having a value equal to one-half
3-4 of the appraisal cost.
3-5 [9.] (i) Shall establish and maintain a manual of assessment
3-6 policies and procedures.
3-7 2. Notwithstanding any other provision of law to the contrary,
3-8 a local governmental entity or state agency, other than the
3-9 Department, shall not perform an audit, other than a financial
3-10 audit, of the receipts generated in the office of the county assessor.
3-11 Sec. 2. Chapter 361 of NRS is hereby amended by adding
3-12 thereto a new section to read as follows:
3-13 A person who owns at least 25 mobile or manufactured homes
3-14 that are leased within a county for commercial purposes and have
3-15 not been converted to real property pursuant to NRS 361.244 shall
3-16 file:
3-17 1. A written statement required by NRS 361.265 that includes
3-18 an inventory of such homes; and
3-19 2. With the county assessor of the county in which the homes
3-20 are situated a report of any new or used mobile or manufactured
3-21 homes brought into the county as required by NRS 361.562.
3-22 Sec. 3. NRS 361.015 is hereby amended to read as follows:
3-23 361.015 “Bona fide resident” means a person who has
3-24 [established] :
3-25 1. Established a residence in the State of Nevada[, and has
3-26 actually] ; and
3-27 2. Actually resided in this state for at least 6 months[.] or has
3-28 a valid driver’s license or identification card issued by the
3-29 Department of Motor Vehicles of this state.
3-30 Sec. 4. NRS 361.080 is hereby amended to read as follows:
3-31 361.080 1. The property of surviving spouses and orphan
3-32 children, not to exceed the amount of $1,000 assessed valuation, is
3-33 exempt from taxation, but no such exemption may be allowed to
3-34 anyone but actual bona fide residents of this state, and must be
3-35 allowed in but one county in this state to the same family.
3-36 2. For the purpose of this section, property in which the
3-37 surviving spouse or orphan child has any interest shall be deemed
3-38 the property of the surviving spouse or orphan child.
3-39 3. The person claiming such an exemption shall file with the
3-40 county assessor an affidavit declaring his residency and that the
3-41 exemption has been claimed in no other county in this state for that
3-42 year. The affidavit must be made before the county assessor or a
3-43 notary public. After the filing of the original affidavit, the county
3-44 assessor shall mail a form for renewal of the exemption to the
3-45 person each year following a year in which the exemption was
4-1 allowed for that person. The form must be designed to facilitate its
4-2 return by mail by the person claiming the exemption.
4-3 4. A surviving spouse is not entitled to the exemption provided
4-4 by this section in any fiscal year beginning after any remarriage,
4-5 even if the remarriage is later annulled.
4-6 5. Beginning with the 2005-2006 fiscal year, the monetary
4-7 amount in subsection 1 must be adjusted for each fiscal year by
4-8 adding to each amount the product of the amount multiplied by
4-9 the percentage increase in the Consumer Price Index (All Items)
4-10 from December 2003 to the December preceding the fiscal year for
4-11 which the adjustment is calculated.
4-12 Sec. 5. NRS 361.082 is hereby amended to read as follows:
4-13 361.082 1. That portion of real property and tangible
4-14 personal property which is used for housing and related facilities for
4-15 persons with low incomes is exempt from taxation if the portion of
4-16 property qualifies as a low-income unit and is part of a qualified
4-17 low-income housing project that is funded in part by federal money
4-18 appropriated pursuant to 42 U.S.C. §§ 12701 et seq. for the year in
4-19 which the exemption applies.
4-20 2. The portion of a qualified low-income housing project that is
4-21 entitled to the property tax exemption pursuant to subsection 1 must
4-22 be determined by dividing the total assessed value of the housing
4-23 project and the land upon which it is situated into the assessed value
4-24 of the low-income units and related facilities that are occupied by or
4-25 used exclusively [by] for persons with low incomes.
4-26 3. The Nevada Tax Commission shall, by regulation, prescribe
4-27 a form for an application for the exemption described in subsection
4-28 1. After an original application is filed, the county assessor of the
4-29 county in which the housing project is located may mail a form for
4-30 the renewal of the exemption to the owner of the housing project
4-31 each year following a year in which the exemption was allowed for
4-32 that project.
4-33 4. A renewal form returned to a county assessor must
4-34 indicate the total number of units in the housing project and the
4-35 number of units used for housing and related facilities for persons
4-36 with low incomes. If the owner of a housing project fails to
4-37 provide a properly completed renewal form to the county assessor
4-38 of the county in which the project is located by the date required in
4-39 NRS 361.155, or fails to qualify for the exemption described in
4-40 subsection 1, he is not entitled to the exemption in the following
4-41 fiscal year.
4-42 5. As used in this section, the terms “low-income unit” and
4-43 “qualified low-income housing project” have the meanings ascribed
4-44 to them in 26 U.S.C. § 42.
5-1 Sec. 6. NRS 361.085 is hereby amended to read as follows:
5-2 361.085 1. The property of all blind persons, not to exceed
5-3 the amount of $3,000 of assessed valuation, is exempt from taxation,
5-4 including community property to the extent only of the blind
5-5 person’s interest therein, but no such exemption may be allowed to
5-6 anyone but bona fide residents of this state, and must be allowed in
5-7 but one county in this state on account of the same blind person.
5-8 2. The person claiming such an exemption [shall] must file
5-9 with the county assessor an affidavit declaring [his residency] that
5-10 he is an actual bona fide resident of the State of Nevada, that he is
5-11 a blind person and that the exemption [has been] is claimed in no
5-12 other county in this state . [for that year.] The affidavit must be
5-13 made before the county assessor or a notary public. After the filing
5-14 of the original affidavit, the county assessor shall mail a form for
5-15 renewal of the exemption to the person each year following a year in
5-16 which the exemption was allowed for that person. The form must be
5-17 designed to facilitate its return by mail by the person claiming the
5-18 exemption.
5-19 3. Upon first claiming the exemption in a county the claimant
5-20 shall furnish to the assessor a certificate of a licensed physician
5-21 [licensed under the laws of this state] setting forth that he has
5-22 examined the claimant and has found him to be a blind person.
5-23 4. Beginning with the 2005-2006 fiscal year, the monetary
5-24 amount in subsection 1 must be adjusted for each fiscal year by
5-25 adding to each amount the product of the amount multiplied by
5-26 the percentage increase in the Consumer Price Index (All Items)
5-27 from December 2003 to the December preceding the fiscal year for
5-28 which the adjustment is calculated.
5-29 5. As used in this section, “blind person” includes any person
5-30 whose visual acuity with correcting lenses does not exceed 20/200
5-31 in the better eye, or whose vision in the better eye is restricted to a
5-32 field which subtends an angle of not greater than 20°.
5-33 Sec. 7. NRS 361.090 is hereby amended to read as follows:
5-34 361.090 1. The property, to the extent of the assessed
5-35 valuation as set forth in subsection 2, of any actual bona fide
5-36 resident of the State of Nevada who[:
5-37 (a) Has served a minimum of 90 days on active duty, who was
5-38 assigned to active duty at some time between April 21, 1898, and
5-39 June 15, 1903, or between April 6, 1917, and November 11, 1918,
5-40 or between December 7, 1941, and December 31, 1946, or between
5-41 June 25, 1950, and January 31, 1955;
5-42 (b) Has] has served a minimum of 90 continuous days on active
5-43 duty none of which was for training purposes, [who was assigned to
5-44 active duty at some time between January 1, 1961, and May 7, 1975;
5-45 or
6-1 (c) Has served on active duty in connection with carrying out
6-2 the authorization granted to the President of the United States in
6-3 Public Law 102-1,]and who received, upon severance from service,
6-4 an honorable discharge or certificate of satisfactory service from the
6-5 Armed Forces of the United States, or who, having so served, is still
6-6 serving in the Armed Forces of the United States, is exempt from
6-7 taxation.
6-8 2. The amount of assessed valuation that is exempt from
6-9 taxation pursuant to subsection 1:
6-10 (a) For Fiscal Year 2001-2002, is $1,250;
6-11 (b) For Fiscal Year 2002-2003, is $1,500; and
6-12 (c) For Fiscal Year 2003-2004, is $1,750.
6-13 3. For the purpose of this section:
6-14 (a) For Fiscal Year 2001-2002, the first $1,250 assessed
6-15 valuation of property in which such a person has any interest;
6-16 (b) For Fiscal Year 2002-2003, the first $1,500 assessed
6-17 valuation of property in which such a person has any interest; and
6-18 (c) For Fiscal Year 2003-2004, the first $1,750 assessed
6-19 valuation of property in which such a person has any
6-20 interest,
6-21 shall be deemed the property of that person.
6-22 4. The exemption may be allowed only to a claimant who files
6-23 an affidavit with his claim for exemption on real property pursuant
6-24 to NRS 361.155. The affidavit may be filed at any time by a person
6-25 claiming exemption from taxation on personal property.
6-26 5. The affidavit must be made before the county assessor or a
6-27 notary public and filed with the county assessor. It must state that
6-28 the affiant is an actual bona fide resident of the State of Nevada who
6-29 meets all the other requirements of subsection 1 and that the
6-30 exemption is claimed in no other county in this state. After the filing
6-31 of the original affidavit, the county assessor shall mail a form for:
6-32 (a) The renewal of the exemption; and
6-33 (b) The designation of any amount to be credited to the
6-34 Veterans’ Home Account[,] established pursuant to
6-35 NRS 417.145,
6-36 to the person each year following a year in which the exemption was
6-37 allowed for that person. The form must be designed to facilitate its
6-38 return by mail by the person claiming the exemption.
6-39 6. Persons in actual military service are exempt during the
6-40 period of such service from filing annual affidavits of exemption,
6-41 and the county assessors shall continue to grant exemption to such
6-42 persons on the basis of the original affidavits filed. In the case of
6-43 any person who has entered the military service without having
6-44 previously made and filed an affidavit of exemption, the affidavit
7-1 may be filed in his behalf during the period of such service by any
7-2 person having knowledge of the facts.
7-3 7. Before allowing any veteran’s exemption pursuant to the
7-4 provisions of this chapter, the county assessor of each of the several
7-5 counties of this state shall require proof of status of the veteran, and
7-6 for that purpose shall require production of an honorable discharge
7-7 or certificate of satisfactory service or a certified copy thereof, or
7-8 such other proof of status as may be necessary.
7-9 8. If any person files a false affidavit or produces false proof to
7-10 the county assessor, and as a result of the false affidavit or false
7-11 proof a tax exemption is allowed to a person not entitled to the
7-12 exemption, he is guilty of a gross misdemeanor.
7-13 Sec. 8. NRS 361.090 is hereby amended to read as follows:
7-14 361.090 1. The property, to the extent of $2,000 assessed
7-15 valuation, of any actual bona fide resident of the State of Nevada
7-16 who[:
7-17 (a) Has served a minimum of 90 days on active duty, who was
7-18 assigned to active duty at some time between April 21, 1898, and
7-19 June 15, 1903, or between April 6, 1917, and November 11, 1918,
7-20 or between December 7, 1941, and December 31, 1946, or between
7-21 June 25, 1950, and January 31, 1955;
7-22 (b) Has] has served a minimum of 90 continuous days on active
7-23 duty none of which was for training purposes, [who was assigned to
7-24 active duty at some time between January 1, 1961, and May 7, 1975;
7-25 or
7-26 (c) Has served on active duty in connection with carrying out
7-27 the authorization granted to the President of the United States in
7-28 Public Law 102-1,] and who received, upon severance from service,
7-29 an honorable discharge or certificate of satisfactory service from the
7-30 Armed Forces of the United States, or who, having so served, is still
7-31 serving in the Armed Forces of the United States, is exempt from
7-32 taxation.
7-33 2. For the purpose of this section, the first $2,000 assessed
7-34 valuation of property in which such a person has any interest shall
7-35 be deemed the property of that person.
7-36 3. The exemption may be allowed only to a claimant who files
7-37 an affidavit with his claim for exemption on real property pursuant
7-38 to NRS 361.155. The affidavit may be filed at any time by a person
7-39 claiming exemption from taxation on personal property.
7-40 4. The affidavit must be made before the county assessor or a
7-41 notary public and filed with the county assessor. It must state that
7-42 the affiant is an actual bona fide resident of the State of Nevada who
7-43 meets all the other requirements of subsection 1 and that the
7-44 exemption is claimed in no other county in this state. After the filing
7-45 of the original affidavit, the county assessor shall mail a form for:
8-1 (a) The renewal of the exemption; and
8-2 (b) The designation of any amount to be credited to the
8-3 Veterans’ Home Account[,] established pursuant to
8-4 NRS 417.145,
8-5 to the person each year following a year in which the exemption was
8-6 allowed for that person. The form must be designed to facilitate its
8-7 return by mail by the person claiming the exemption.
8-8 5. Persons in actual military service are exempt during the
8-9 period of such service from filing annual affidavits of exemption,
8-10 and the county assessors shall continue to grant exemption to such
8-11 persons on the basis of the original affidavits filed. In the case of
8-12 any person who has entered the military service without having
8-13 previously made and filed an affidavit of exemption, the affidavit
8-14 may be filed in his behalf during the period of such service by any
8-15 person having knowledge of the facts.
8-16 6. Before allowing any veteran’s exemption pursuant to the
8-17 provisions of this chapter, the county assessor of each of the several
8-18 counties of this state shall require proof of status of the veteran, and
8-19 for that purpose shall require production of an honorable discharge
8-20 or certificate of satisfactory service or a certified copy thereof, or
8-21 such other proof of status as may be necessary.
8-22 7. If any person files a false affidavit or produces false proof to
8-23 the county assessor, and as a result of the false affidavit or false
8-24 proof a tax exemption is allowed to a person not entitled to the
8-25 exemption, he is guilty of a gross misdemeanor.
8-26 8. Beginning with the 2005-2006 Fiscal Year, the monetary
8-27 amounts in subsections 1 and 2 must be adjusted for each fiscal year
8-28 by adding to each amount the product of the amount multiplied by
8-29 the percentage increase in the Consumer Price Index (All Items)
8-30 from December 2003 to the December preceding the fiscal year for
8-31 which the adjustment is calculated.
8-32 Sec. 9. NRS 361.0905 is hereby amended to read as follows:
8-33 361.0905 1. Any person who qualifies for an exemption
8-34 pursuant to NRS 361.090 or 361.091 may, in lieu of claiming his
8-35 exemption:
8-36 (a) Pay to the county assessor all or any portion of the amount
8-37 by which the tax would be reduced if he claimed his exemption; and
8-38 (b) Direct the county assessor to deposit that amount for credit
8-39 to the Veterans’ Home Account established pursuant to
8-40 NRS 417.145.
8-41 2. Any person who wishes to waive his exemption pursuant to
8-42 this section shall designate the amount to be credited to the Account
8-43 on a form provided by the Nevada Tax Commission.
8-44 3. The county assessor shall deposit any money received
8-45 pursuant to this section with the State Treasurer for credit to the
9-1 Veterans’ Home Account established pursuant to NRS 417.145. The
9-2 State Treasurer shall not accept:
9-3 (a) For Fiscal Year 2001-2002, more than a total of $1,250,000;
9-4 (b) For Fiscal Year 2002-2003, more than a total of $1,500,000;
9-5 and
9-6 (c) For Fiscal Year 2003-2004, more than a total of
9-7 $1,750,000,
9-8 for credit to the Account pursuant to this section and NRS 371.1035
9-9 during any fiscal year.
9-10 Sec. 10. NRS 361.0905 is hereby amended to read as follows:
9-11 361.0905 1. Any person who qualifies for an exemption
9-12 pursuant to NRS 361.090 or 361.091 may, in lieu of claiming his
9-13 exemption:
9-14 (a) Pay to the county assessor all or any portion of the amount
9-15 by which the tax would be reduced if he claimed his exemption; and
9-16 (b) Direct the county assessor to deposit that amount for credit
9-17 to the Veterans’ Home Account established pursuant to
9-18 NRS 417.145.
9-19 2. Any person who wishes to waive his exemption pursuant to
9-20 this section shall designate the amount to be credited to the Account
9-21 on a form provided by the Nevada Tax Commission.
9-22 3. The county assessor shall deposit any money received
9-23 pursuant to this section with the State Treasurer for credit to the
9-24 Veterans’ Home Account established pursuant to NRS 417.145. The
9-25 State Treasurer shall not accept more than a total of $2,000,000 for
9-26 credit to the Account pursuant to this section and NRS 371.1035
9-27 during any fiscal year.
9-28 Sec. 11. NRS 361.091 is hereby amended to read as follows:
9-29 361.091 1. A bona fide resident of the State of Nevada who
9-30 has incurred a permanent service-connected disability and has been
9-31 honorably discharged from the Armed Forces of the United States,
9-32 or his surviving spouse, is entitled to a disabled veteran’s
9-33 exemption.
9-34 2. The amount of exemption is based on the total percentage of
9-35 permanent service-connected disability. The maximum allowable
9-36 exemption for total permanent disability is:
9-37 (a) For Fiscal Year 2001-2002, the first $12,500 assessed
9-38 valuation;
9-39 (b) For Fiscal Year 2002-2003, the first $15,000 assessed
9-40 valuation; and
9-41 (c) For Fiscal Year 2003-2004, the first $17,500 assessed
9-42 valuation.
9-43 3. A person with a permanent service-connected disability of:
9-44 (a) Eighty to 99 percent, inclusive, is entitled to:
10-1 (1) For Fiscal Year 2001-2002, an exemption of $9,375
10-2 assessed value;
10-3 (2) For Fiscal Year 2002-2003, an exemption of $11,250
10-4 assessed value; and
10-5 (3) For Fiscal Year 2003-2004, an exemption of $13,125
10-6 assessed value.
10-7 (b) Sixty to 79 percent, inclusive, is entitled to:
10-8 (1) For Fiscal Year 2001-2002, an exemption of $6,250
10-9 assessed value;
10-10 (2) For Fiscal Year 2002-2003, an exemption of $7,500
10-11 assessed value; and
10-12 (3) For Fiscal Year 2003-2004, an exemption of $8,750
10-13 assessed value.
10-14 For the purposes of this section, any property in which an applicant
10-15 has any interest is deemed to be the property of the applicant.
10-16 4. The exemption may be allowed only to a claimant who has
10-17 filed an affidavit with his claim for exemption on real property
10-18 pursuant to NRS 361.155. The affidavit may be made at any time by
10-19 a person claiming an exemption from taxation on personal property.
10-20 5. The affidavit must be made before the county assessor or a
10-21 notary public and be submitted to the county assessor. It must be to
10-22 the effect that the affiant is a bona fide resident of the State of
10-23 Nevada, that he meets all the other requirements of subsection 1 and
10-24 that he does not claim the exemption in any other county within this
10-25 state. After the filing of the original affidavit, the county assessor
10-26 shall mail a form for :
10-27 (a) The renewal of the exemption ; and
10-28 (b) The designation of any amount to be credited to the
10-29 Veterans’ Home Account established pursuant to
10-30 NRS 417.145,
10-31 to the person each year following a year in which the exemption was
10-32 allowed for that person. The form must be designed to facilitate its
10-33 return by mail by the person claiming the exemption.
10-34 6. Before allowing any exemption pursuant to the provisions of
10-35 this section, the county assessor shall require proof of the
10-36 applicant’s status, and for that purpose shall require him to produce
10-37 an original or certified copy of:
10-38 (a) An honorable discharge or other document of honorable
10-39 separation from the Armed Forces of the United States which
10-40 indicates the total percentage of his permanent service-connected
10-41 disability;
10-42 (b) A certificate of satisfactory service which indicates the total
10-43 percentage of his permanent service-connected disability; or
10-44 (c) A certificate from the Department of Veterans Affairs or any
10-45 other military document which shows that he has incurred a
11-1 permanent service-connected disability and which indicates the total
11-2 percentage of that disability, together with a certificate of honorable
11-3 discharge or satisfactory service.
11-4 7. A surviving spouse claiming an exemption pursuant to this
11-5 section must file with the county assessor an affidavit declaring that:
11-6 (a) The surviving spouse was married to and living with the
11-7 disabled veteran for the 5 years preceding his death;
11-8 (b) The disabled veteran was eligible for the exemption at the
11-9 time of his death or would have been eligible if he had been a
11-10 resident of the State of Nevada;
11-11 (c) The surviving spouse has not remarried; and
11-12 (d) The surviving spouse is a bona fide resident of the State of
11-13 Nevada.
11-14 The affidavit required by this subsection is in addition to the
11-15 certification required pursuant to subsections 5 and 6. After the
11-16 filing of the original affidavit required by this subsection, the county
11-17 assessor shall mail a form for renewal of the exemption to the
11-18 person each year following a year in which the exemption was
11-19 allowed for that person. The form must be designed to facilitate its
11-20 return by mail by the person claiming the exemption.
11-21 8. If a tax exemption is allowed under this section, the claimant
11-22 is not entitled to an exemption under NRS 361.090.
11-23 9. If any person makes a false affidavit or produces false proof
11-24 to the county assessor or a notary public, and as a result of the false
11-25 affidavit or false proof, the person is allowed a tax exemption to
11-26 which he is not entitled, he is guilty of a gross misdemeanor.
11-27 Sec. 12. NRS 361.091 is hereby amended to read as follows:
11-28 361.091 1. A bona fide resident of the State of Nevada who
11-29 has incurred a permanent service-connected disability and has been
11-30 honorably discharged from the Armed Forces of the United States,
11-31 or his surviving spouse, is entitled to a disabled veteran’s
11-32 exemption.
11-33 2. The amount of exemption is based on the total percentage of
11-34 permanent service-connected disability. The maximum allowable
11-35 exemption for total permanent disability is the first $20,000 assessed
11-36 valuation. A person with a permanent service-connected disability
11-37 of:
11-38 (a) Eighty to 99 percent, inclusive, is entitled to an exemption of
11-39 $15,000 assessed value.
11-40 (b) Sixty to 79 percent, inclusive, is entitled to an exemption of
11-41 $10,000 assessed value.
11-42 For the purposes of this section, any property in which an applicant
11-43 has any interest is deemed to be the property of the applicant.
11-44 3. The exemption may be allowed only to a claimant who has
11-45 filed an affidavit with his claim for exemption on real property
12-1 pursuant to NRS 361.155. The affidavit may be made at any time by
12-2 a person claiming an exemption from taxation on personal property.
12-3 4. The affidavit must be made before the county assessor or a
12-4 notary public and be submitted to the county assessor. It must be to
12-5 the effect that the affiant is a bona fide resident of the State of
12-6 Nevada, that he meets all the other requirements of subsection 1 and
12-7 that he does not claim the exemption in any other county within this
12-8 state. After the filing of the original affidavit, the county assessor
12-9 shall mail a form for :
12-10 (a) The renewal of the exemption ; and
12-11 (b) The designation of any amount to be credited to the
12-12 Veterans’ Home Account established pursuant to
12-13 NRS 417.145,
12-14 to the person each year following a year in which the exemption was
12-15 allowed for that person. The form must be designed to facilitate its
12-16 return by mail by the person claiming the exemption.
12-17 5. Before allowing any exemption pursuant to the provisions of
12-18 this section, the county assessor shall require proof of the
12-19 applicant’s status, and for that purpose shall require him to produce
12-20 an original or certified copy of:
12-21 (a) An honorable discharge or other document of honorable
12-22 separation from the Armed Forces of the United States which
12-23 indicates the total percentage of his permanent service-connected
12-24 disability;
12-25 (b) A certificate of satisfactory service which indicates the total
12-26 percentage of his permanent service-connected disability; or
12-27 (c) A certificate from the Department of Veterans Affairs or any
12-28 other military document which shows that he has incurred a
12-29 permanent service-connected disability and which indicates the total
12-30 percentage of that disability, together with a certificate of honorable
12-31 discharge or satisfactory service.
12-32 6. A surviving spouse claiming an exemption pursuant to this
12-33 section must file with the county assessor an affidavit declaring that:
12-34 (a) The surviving spouse was married to and living with the
12-35 disabled veteran for the 5 years preceding his death;
12-36 (b) The disabled veteran was eligible for the exemption at the
12-37 time of his death or would have been eligible if he had been a
12-38 resident of the State of Nevada;
12-39 (c) The surviving spouse has not remarried; and
12-40 (d) The surviving spouse is a bona fide resident of the State of
12-41 Nevada.
12-42 The affidavit required by this subsection is in addition to the
12-43 certification required pursuant to subsections 4 and 5. After the
12-44 filing of the original affidavit required by this subsection, the county
12-45 assessor shall mail a form for renewal of the exemption to the
13-1 person each year following a year in which the exemption was
13-2 allowed for that person. The form must be designed to facilitate its
13-3 return by mail by the person claiming the exemption.
13-4 7. If a tax exemption is allowed under this section, the claimant
13-5 is not entitled to an exemption under NRS 361.090.
13-6 8. If any person makes a false affidavit or produces false proof
13-7 to the county assessor or a notary public, and as a result of the false
13-8 affidavit or false proof, the person is allowed a tax exemption to
13-9 which he is not entitled, he is guilty of a gross misdemeanor.
13-10 9. Beginning with the 2005-2006 Fiscal Year, the monetary
13-11 amounts in subsection 2 must be adjusted for each fiscal year by
13-12 adding to the amount the product of the amount multiplied by the
13-13 percentage increase in the Consumer Price Index (All Items) from
13-14 December 2003 to the December preceding the fiscal year for which
13-15 the adjustment is calculated.
13-16 Sec. 13. NRS 361.189 is hereby amended to read as follows:
13-17 361.189 1. Not later than July 1, 1979, and thereafter:
13-18 (a) All land in this state [shall] must be legally described for tax
13-19 purposes by parcel number in accordance with the parceling system
13-20 prescribed by the Department. The provisions of NRS 361.190 to
13-21 361.220, inclusive, [shall] must remain in effect until each county
13-22 has established and implemented the prescribed parceling system.
13-23 (b) Each county shall prepare and possess a complete set of
13-24 maps drawn in accordance with such parceling system for all land in
13-25 the county.
13-26 2. The Department may assist any county in preparing the
13-27 maps required by subsection 1, if it is shown to the satisfaction of
13-28 the Department that the county does not have the ability to prepare
13-29 such maps. The county shall reimburse the Department for its costs
13-30 from the county general fund. The Department may employ such
13-31 services as are needed to carry out the provisions of this section.
13-32 3. The county assessor shall ensure that the parcels of land on
13-33 such maps are numbered in the manner prescribed by the
13-34 Department. The county assessor shall continually update the maps
13-35 to reflect transfers, conveyances, acquisitions or any other
13-36 transaction or event that changes the boundaries of any parcel and
13-37 shall renumber the parcels or prepare new map pages for any portion
13-38 of the maps to show combinations or divisions of parcels in the
13-39 manner prescribed by the Department. The maps [shall] must
13-40 readily disclose precisely what land is covered by any particular
13-41 parcel number in the current fiscal year.
13-42 4. The Department may review such maps annually to ensure
13-43 that they are being properly updated. If it is determined that such
13-44 maps are not properly updated, the Department may order the board
13-45 of county commissioners to employ forthwith one or more qualified
14-1 persons approved by the Department to prepare the required maps.
14-2 The payment of all costs incidental thereto [shall be] is a proper
14-3 charge against the funds of the county, notwithstanding such funds
14-4 were not budgeted according to law.
14-5 5. Such maps [shall] must at all times be available in the office
14-6 of the county assessor. All such maps [shall] must be retained by the
14-7 county assessor as a permanent public record.
14-8 6. Land [shall] must not be described in any deed or
14-9 conveyance by reference to any such map unless the map is filed for
14-10 record in the office of the county recorder of the county in which the
14-11 land is located.
14-12 7. A county assessor shall not reflect on the tax roll a change in
14-13 the ownership of land in this state unless the document that conveys
14-14 the ownership of land contains a correct and complete legal
14-15 description, adequately describing the exact boundaries of the parcel
14-16 of land. A parcel number assigned by a county assessor does not
14-17 constitute a correct and complete legal description of the land
14-18 conveyed.
14-19 Sec. 14. NRS 361.221 is hereby amended to read as follows:
14-20 361.221 1. A person shall not perform the duties of an
14-21 appraiser for purposes of the taxation of property as an employee of
14-22 or as an independent contractor for the State or any of its political
14-23 subdivisions unless he holds a valid appraiser’s certificate issued by
14-24 the Department. A person not so certified may collect data but shall
14-25 not appraise value, and data so collected must be reviewed by a
14-26 certified appraiser.
14-27 2. There is established an Appraiser’s Certification Board
14-28 consisting of six members, three of whom must be chosen by
14-29 majority vote of the several county assessors from persons who hold
14-30 a valid appraiser’s certificate issued by the Department and three of
14-31 whom must be appointed by the Nevada Tax Commission. This
14-32 Board shall:
14-33 (a) Advise the Department on any matter pertaining to the
14-34 certification and continuing education of appraisers who are subject
14-35 to the provisions of this section; and
14-36 (b) Perform such other duties as are provided by law.
14-37 3. Each member of the Board is entitled to the per diem
14-38 allowance and travel expenses provided for state officers and
14-39 employees while attending meetings of the Board.
14-40 4. The Department may contract for the development and
14-41 administration of the appropriate examinations. Except as otherwise
14-42 provided in this subsection, an appraiser’s certificate must be issued
14-43 to an applicant only if he has passed the appropriate examination.
14-44 The Department may charge each examinee a reasonable
14-45 examination fee to recover the cost of the examination. An applicant
15-1 who has a professional designation or certification recognized by the
15-2 Board may, with the approval of the Board, be issued an appraiser’s
15-3 certificate without examination.
15-4 5. An appraiser licensed pursuant to chapter 645C of NRS
15-5 shall not prepare an appraisal for tax purposes unless he holds a
15-6 valid appraiser’s certificate issued by the Department.
15-7 Sec. 15. NRS 361.227 is hereby amended to read as follows:
15-8 361.227 1. Any person determining the taxable value of real
15-9 property shall appraise:
15-10 (a) The full cash value of:
15-11 (1) Vacant land by considering the uses to which it may
15-12 lawfully be put, any legal or physical restrictions upon those uses,
15-13 the character of the terrain, and the uses of other land in the vicinity.
15-14 (2) Improved land consistently with the use to which the
15-15 improvements are being put.
15-16 (b) Any improvements made on the land by subtracting from the
15-17 cost of replacement of the improvements all applicable depreciation
15-18 and obsolescence. Depreciation of an improvement made on real
15-19 property must be calculated at 1.5 percent of the cost of replacement
15-20 for each year of adjusted actual age of the improvement, up to a
15-21 maximum of 50 years.
15-22 2. The unit of appraisal must be a single parcel unless:
15-23 (a) The location of the improvements causes two or more
15-24 parcels to function as a single parcel;
15-25 (b) The parcel is one of a group of contiguous parcels which
15-26 qualifies for valuation as a subdivision pursuant to the regulations of
15-27 the Nevada Tax Commission; or
15-28 (c) In the professional judgment of the person determining the
15-29 taxable value, the parcel is one of a group of parcels which should
15-30 be valued as a collective unit.
15-31 3. The taxable value of a leasehold interest, possessory interest,
15-32 beneficial interest or beneficial use for the purpose of NRS 361.157
15-33 or 361.159 must be determined in the same manner as the taxable
15-34 value of the property would otherwise be determined if the lessee or
15-35 user of the property was the owner of the property and it was not
15-36 exempt from taxation, except that the taxable value so determined
15-37 must be reduced by a percentage of the taxable value that is equal to
15-38 the:
15-39 (a) Percentage of the property that is not actually leased by the
15-40 lessee or used by the user during the fiscal year; and
15-41 (b) Percentage of time that the property is not actually leased by
15-42 the lessee or used by the user during the fiscal year, which must be
15-43 determined in accordance with NRS 361.2275.
15-44 4. The taxable value of other taxable personal property, except
15-45 a mobile [homes,] or manufactured home, must be determined by
16-1 subtracting from the cost of replacement of the property all
16-2 applicable depreciation and obsolescence. Depreciation of a
16-3 billboard must be calculated at 1.5 percent of the cost of
16-4 replacement for each year after the year of acquisition of the
16-5 billboard, up to a maximum of 50 years.
16-6 5. The computed taxable value of any property must not exceed
16-7 [its] the full cash value[.] of a fee simple interest in the property.
16-8 Each person determining the taxable value of property shall reduce
16-9 it if necessary to comply with this requirement. A person
16-10 determining whether taxable value exceeds that full cash value or
16-11 whether obsolescence is a factor in valuation may consider:
16-12 (a) Comparative sales, based on prices actually paid in market
16-13 transactions.
16-14 (b) A summation of the estimated full cash value of the land and
16-15 contributory value of the improvements.
16-16 (c) Capitalization of the fair economic income expectancy or fair
16-17 economic rent, or an analysis of the discounted cash flow.
16-18 A county assessor is required to make the reduction prescribed in
16-19 this subsection if the owner calls to his attention the facts warranting
16-20 it, if he discovers those facts during physical reappraisal of the
16-21 property or if he is otherwise aware of those facts.
16-22 6. The Nevada Tax Commission shall, by regulation, establish:
16-23 (a) Standards for determining the cost of replacement of
16-24 improvements of various kinds.
16-25 (b) Standards for determining the cost of replacement of
16-26 personal property of various kinds. The standards must include a
16-27 separate index of factors for application to the acquisition cost of a
16-28 billboard to determine its replacement cost.
16-29 (c) Schedules of depreciation for personal property based on its
16-30 estimated life.
16-31 (d) Criteria for the valuation of two or more parcels as a
16-32 subdivision.
16-33 7. In determining the cost of replacement of personal property
16-34 for the purpose of computing taxable value, the cost of all
16-35 improvements of the personal property, including any additions to
16-36 or renovations of the personal property, but excluding routine
16-37 maintenance and repairs, must be added to the cost of acquisition of
16-38 the personal property.
16-39 8. The county assessor shall, upon the request of the owner,
16-40 furnish within 15 days to the owner a copy of the most recent
16-41 appraisal of the property, including, without limitation, copies of
16-42 any sales data, materials presented on appeal to the county board
16-43 of equalization or State Board of Equalization and other materials
16-44 used to determine or defend the taxable value of the property.
17-1 9. The provisions of this section do not apply to property which
17-2 is assessed pursuant to NRS 361.320.
17-3 Sec. 16. NRS 361.228 is hereby amended to read as follows:
17-4 361.228 1. All intangible personal property is exempt from
17-5 taxation, including, without limitation:
17-6 (a) Shares of stock, bonds, mortgages, notes, bank deposits,
17-7 book accounts such as an acquisition adjustment and credits, and
17-8 securities and choses in action of like character; and
17-9 (b) Goodwill, customer lists, contracts and contract rights,
17-10 patents, trademarks, trade names, custom computer programs,
17-11 copyrights, trade secrets, franchises and licenses.
17-12 2. The value of intangible personal property must not enhance
17-13 or be reflected in the value of real property or tangible personal
17-14 property.
17-15 3. The attributes of real property, such as zoning, location,
17-16 water rights, view and geographic features, are not intangible
17-17 personal property and must be considered in valuing the [real]
17-18 property, if appropriate.
17-19 4. The provisions of this section do not apply for the purposes
17-20 of determining the full cash value of a fee simple interest in
17-21 property pursuant to subsection 5 of NRS 361.227.
17-22 Sec. 17. NRS 361.260 is hereby amended to read as follows:
17-23 361.260 1. Each year, the county assessor, except as
17-24 otherwise required by a particular statute, shall ascertain by diligent
17-25 inquiry and examination all real and secured personal property that
17-26 is in his county on July 1 which is subject to taxation, and also the
17-27 names of all persons, corporations, associations, companies or firms
17-28 owning the property. He shall then determine the taxable value of all
17-29 such property, and he shall then list and assess it to the person, firm,
17-30 corporation, association or company owning it on July 1 of that
17-31 fiscal year. He shall take the same action at any time between May 1
17-32 and the following April 30, with respect to personal property which
17-33 is to be placed on the unsecured tax roll.
17-34 2. At any time before the lien date for the following fiscal year,
17-35 the county assessor may include additional personal property and
17-36 mobile and manufactured homes on the secured tax roll if the owner
17-37 of the personal property or mobile or manufactured home owns real
17-38 property within the same taxing district which has an assessed value
17-39 that is equal to or greater than the taxes for 3 years on both the real
17-40 property and the personal property or mobile or manufactured home,
17-41 plus penalties. Personal property and mobile and manufactured
17-42 homes in the county on July 1, but not on the secured tax roll for the
17-43 current year, must be placed on the unsecured tax roll for the current
17-44 year.
18-1 3. An improvement on real property in existence on July 1
18-2 whose existence was not ascertained in time to be placed on the
18-3 secured roll for that tax year and which is not governed by
18-4 subsection 4 must be placed on the unsecured tax roll.
18-5 4. The value of any property apportioned among counties
18-6 pursuant to NRS 361.320, 361.321 and 361.323 must be added to
18-7 the central assessment roll at the assessed value established by the
18-8 Nevada Tax Commission or as established pursuant to an appeal to
18-9 the State Board of Equalization.
18-10 5. In addition to the inquiry and examination required in
18-11 subsection 1, for any property not reappraised in the current
18-12 assessment year, the county assessor shall determine its assessed
18-13 value for that year by [applying] :
18-14 (a) Determining the replacement cost, subtracting all
18-15 applicable depreciation and obsolescence, applying the assessment
18-16 ratio for improvements, if any, and applying a factor for land to
18-17 the assessed value for the preceding year; or
18-18 (b) Applying a factor for improvements, if any, and a factor for
18-19 land to the assessed value for the preceding year. The factor for
18-20 improvements must reasonably represent the change, if any, in the
18-21 taxable value of typical improvements in the area since the
18-22 preceding year, and must take into account all applicable
18-23 depreciation and obsolescence. The factor for improvements must
18-24 be adopted by the Nevada Tax Commission.
18-25 The factor for land must be developed by the county assessor and
18-26 approved by the Commission. The factor for land must be so chosen
18-27 that the median ratio of the assessed value of the land to the taxable
18-28 value of the land in each area subject to the factor is not less than 30
18-29 percent nor more than 35 percent.
18-30 6. The county assessor shall reappraise all real property at least
18-31 once every 5 years.
18-32 7. The county assessor shall establish standards for appraising
18-33 and reappraising land pursuant to this section. In establishing the
18-34 standards, the county assessor shall consider comparable sales of
18-35 land before July 1 of the year before the lien date.
18-36 8. Each county assessor shall submit a written request to the
18-37 board of county commissioners and the governing body of each of
18-38 the local governments located in the county which maintain a unit of
18-39 government that issues building permits for a copy of each building
18-40 permit that is issued. Upon receipt of such a request, the governing
18-41 body shall direct the unit which issues the permits to provide a copy
18-42 of each permit to the county assessor within a reasonable time after
18-43 issuance.
19-1 Sec. 18. NRS 361.265 is hereby amended to read as follows:
19-2 361.265 1. To enable the county assessor to make
19-3 assessments, he shall demand from each natural person or firm, and
19-4 from the president, cashier, treasurer or managing agent of each
19-5 corporation, association or company, including all banking
19-6 institutions, associations or firms within his county, a written
19-7 statement, signed under penalty of perjury, on forms [to be
19-8 furnished] and in the format prescribed by the county assessor of
19-9 all the personal property within the county, owned, claimed,
19-10 possessed, controlled or managed by those persons, firms,
19-11 corporations, associations or companies.
19-12 2. The statement must include:
19-13 (a) A description of the location of any taxable personal
19-14 property that is owned, claimed, possessed, controlled or managed
19-15 by the natural person, firm, corporation, association or company, but
19-16 stored, maintained or otherwise placed at a location other than the
19-17 principal residence of the natural person or principal place of
19-18 business of the firm, corporation, association or company; [and]
19-19 (b) The cost of acquisition of each item of taxable personal
19-20 property including the cost of any improvements of the personal
19-21 property, such as additions to or renovations of the property other
19-22 than routine maintenance or repairs[.] ; and
19-23 (c) If the natural person, firm, corporation, association or
19-24 company owns at least 25 mobile or manufactured homes that are
19-25 being leased within the county for commercial purposes, and those
19-26 homes have not been converted to real property pursuant to NRS
19-27 361.244, the year, make or model, size, serial number and location
19-28 of each such mobile or manufactured home.
19-29 3. The statement must be returned not later than July 31, except
19-30 for a statement mailed to the taxpayer after July 15, in which case it
19-31 must be returned within 15 days after demand for its return is made.
19-32 Upon petition of the property owner showing good cause, the county
19-33 assessor may grant one or more 30-day extensions.
19-34 4. If the owners of any taxable property not listed by another
19-35 person are absent or unknown, or fail to provide the written
19-36 statement as described in subsection 1, the county assessor shall
19-37 make an estimate of the value of the property and assess it
19-38 accordingly. If the name of the absent owner is known to the county
19-39 assessor, the property must be assessed in his name. If the name of
19-40 the owner is unknown to the county assessor, the property must be
19-41 assessed to “unknown owner ,” [”;] but no mistake made in the
19-42 name of the owner or the supposed owner of personal property
19-43 renders the assessment or any sale of the property for taxes invalid.
19-44 5. If any person, officer or agent neglects or refuses on demand
19-45 of the county assessor or his deputy to give the statement required
20-1 by this section, or gives a false name, or refuses to give his name or
20-2 sign the statement, he is guilty of a misdemeanor.
20-3 Sec. 19. NRS 361.300 is hereby amended to read as follows:
20-4 361.300 1. On or before January 1 of each year, the county
20-5 assessor shall transmit to the county clerk, post at the front door of
20-6 the courthouse and publish in a newspaper published in the county a
20-7 notice to the effect that the secured tax roll is completed and open
20-8 for inspection by interested persons of the county.
20-9 2. If the county assessor fails to complete the assessment roll in
20-10 the manner and at the time specified in this section, the board of
20-11 county commissioners shall not allow him a salary or other
20-12 compensation for any day after January 1 during which the roll is
20-13 not completed, unless excused by the board of county
20-14 commissioners.
20-15 3. Except as otherwise provided in subsection 4, each board of
20-16 county commissioners shall by resolution, before December 1 of
20-17 any fiscal year in which assessment is made, require the county
20-18 assessor to prepare a list of all the taxpayers on the secured roll in
20-19 the county and the total valuation of property on which they
20-20 severally pay taxes and direct the county assessor:
20-21 (a) To cause such list and valuations to be printed and delivered
20-22 by the county assessor or mailed by him on or before January 1 of
20-23 the fiscal year in which assessment is made to each taxpayer in the
20-24 county; or
20-25 (b) To cause such list and valuations to be published once on or
20-26 before January 1 of the fiscal year in which assessment is made in a
20-27 newspaper of general circulation in the county.
20-28 4. A board of county commissioners may, in the resolution
20-29 required by subsection 3, authorize the county assessor not to
20-30 deliver or mail the list, as provided in paragraph (a) of subsection 3,
20-31 to taxpayers whose property is assessed at $1,000 or less and direct
20-32 the county assessor to mail to each such taxpayer a statement of the
20-33 amount of his assessment. Failure by a taxpayer to receive such a
20-34 mailed statement does not invalidate any assessment.
20-35 5. The several boards of county commissioners in the State
20-36 may allow the bill contracted with their approval by the county
20-37 assessor under this section on a claim to be allowed and paid as are
20-38 other claims against the county.
20-39 6. Whenever property is appraised or reappraised pursuant to
20-40 NRS 361.260, the county assessor shall, on or before [January 1]
20-41 December 18 of the fiscal year in which the appraisal or reappraisal
20-42 is made, deliver or mail to each owner of such property a written
20-43 notice stating its assessed valuation as determined from the appraisal
20-44 or reappraisal.
21-1 7. If the secured tax roll is changed pursuant to NRS 361.310,
21-2 the county assessor shall mail an amended notice of assessed
21-3 valuation to each affected taxpayer. The notice must include the
21-4 dates for appealing the new assessed valuation.
21-5 8. Failure by the taxpayer to receive a notice required by this
21-6 section does not invalidate the appraisal or reappraisal.
21-7 Sec. 20. NRS 361.333 is hereby amended to read as follows:
21-8 361.333 1. [Not] The Department has the exclusive
21-9 authority to, and shall, not later than May 1 of each year : [, the
21-10 Department shall:]
21-11 (a) Determine the ratio of the assessed value of each type or
21-12 class of property for which the county assessor has the responsibility
21-13 of assessing in each county to:
21-14 (1) The assessed value of comparable property in the
21-15 remaining counties.
21-16 (2) The taxable value of that type or class of property within
21-17 that county.
21-18 (b) Publish and deliver to the county assessors and the boards of
21-19 county commissioners of the counties of this state:
21-20 (1) A comparison of the latest median ratio, overall ratio and
21-21 coefficient of dispersion of the median for:
21-22 (I) The total property for each of the 17 counties; and
21-23 (II) Each major class of property within each county.
21-24 (2) A determination whether each county has adequate
21-25 procedures to ensure that all property subject to taxation is being
21-26 assessed in a correct and timely manner.
21-27 (3) A summary for each county of any deficiencies that were
21-28 discovered in carrying out the study of those ratios.
21-29 2. The Nevada Tax Commission shall allocate the counties into
21-30 three groups such that the work of conducting the study is
21-31 approximately the same for each group. The Department shall
21-32 conduct the study in one group each year. The commission may
21-33 from time to time reallocate counties among the groups, but each
21-34 county must be studied at least once in every 3 years. The study
21-35 conducted pursuant to this section is the final determination of
21-36 those ratios and remains valid until the next study conducted
21-37 pursuant to this section has been completed. No other local or
21-38 state entity may audit the receipts generated in the office of the
21-39 county assessor or otherwise attempt to influence the manner in
21-40 which property is assessed by the county assessor. The provisions
21-41 of this subsection do not prohibit a financial audit of the office of
21-42 the county assessor.
21-43 3. In conducting the study the Department shall include an
21-44 adequate sample of each major class of property and may use any
22-1 statistical criteria that will indicate an accurate ratio of taxable value
22-2 to assessed value and an accurate measure of equality in assessment.
22-3 4. During the month of May of each year, the board of county
22-4 commissioners, or a representative designated by the board’s
22-5 chairman, and the county assessor, or a representative designated by
22-6 the assessor, of each county in which the study was conducted shall
22-7 meet with the Nevada Tax Commission. The board of county
22-8 commissioners and the county assessor, or their representatives,
22-9 shall:
22-10 (a) Present evidence to the Nevada Tax Commission of the steps
22-11 taken to ensure that all property subject to taxation within the county
22-12 has been assessed as required by law.
22-13 (b) Demonstrate to the Nevada Tax Commission that any
22-14 adjustments in assessments ordered in the preceding year as a result
22-15 of the procedure provided in paragraph (c) of subsection 5 have
22-16 been complied with.
22-17 5. At the conclusion of each meeting with the board of county
22-18 commissioners and the county assessor, or their representatives, the
22-19 Nevada Tax Commission may:
22-20 (a) If it finds that all property subject to taxation within the
22-21 county has been assessed at the proper percentage, take no further
22-22 action.
22-23 (b) If it finds that any class of property is assessed at less or
22-24 more than the proper percentage, and if the board of county
22-25 commissioners approves, order a specified percentage increase or
22-26 decrease in the assessed valuation of that class on the succeeding tax
22-27 list and assessment roll.
22-28 (c) If it finds the existence of underassessment or
22-29 overassessment wherein the ratio of assessed value to taxable value
22-30 is less than 32 percent or more than 36 percent in any of the
22-31 following classes:
22-32 (1) Improvement values for the reappraisal area;
22-33 (2) Land values for the reappraisal area; and
22-34 (3) Total property values for each of the following use
22-35 categories in the reappraisal area:
22-36 (I) Vacant;
22-37 (II) Single-family residential;
22-38 (III) Multi-residential;
22-39 (IV) Commercial and industrial; and
22-40 (V) Rural,
22-41 of the county which are required by law to be assessed at 35 percent
22-42 of their taxable value, if in the nonreappraisal area the approved
22-43 land and improvement factors are not being correctly applied or new
22-44 construction is not being added to the assessment roll in a timely
22-45 manner, or if the board of county commissioners does not agree to
23-1 an increase or decrease in assessed value as provided in paragraph
23-2 (b), order the board of county commissioners to employ forthwith
23-3 one or more qualified appraisers approved by the Department. The
23-4 payment of those appraisers’ fees is a proper charge against the
23-5 county notwithstanding that the amount of such fees has not been
23-6 budgeted in accordance with law. The appraisers shall determine
23-7 whether or not the county assessor has assessed all real and personal
23-8 property in the county subject to taxation at the rate of assessment
23-9 required by law. The appraisers may cooperate with the Department
23-10 in making their determination if so agreed by the appraisers and the
23-11 Department, and shall cooperate with the Department in preparing a
23-12 report to the Nevada Tax Commission. The report to the Nevada
23-13 Tax Commission must be made on or before October 1 following
23-14 the date of the order. If the report indicates that any real or personal
23-15 property in the county subject to taxation has not been assessed at
23-16 the rate required by law, a copy of the report must be transmitted to
23-17 the board of county commissioners by the Department before
23-18 November 1. The board of county commissioners shall then order
23-19 the county assessor to raise or lower the assessment of such property
23-20 to the rate required by law on the succeeding tax list and assessment
23-21 roll.
23-22 6. The Nevada Tax Commission may adopt regulations
23-23 reasonably necessary to carry out the provisions of this section.
23-24 7. Any county assessor who refuses to increase or decrease the
23-25 assessment of any property pursuant to an order of the Nevada Tax
23-26 Commission or the board of county commissioners as provided in
23-27 this section is guilty of malfeasance in office.
23-28 Sec. 21. NRS 361.340 is hereby amended to read as follows:
23-29 361.340 1. Except as otherwise provided in subsection 2, the
23-30 board of equalization of each county consists of:
23-31 (a) Five members, only two of whom may be elected public
23-32 officers, in counties having a population of 15,000 or more; and
23-33 (b) Three members, only one of whom may be an elected public
23-34 officer, in counties having a population of less than 15,000.
23-35 2. The board of county commissioners may by resolution
23-36 provide for an additional panel of like composition to be added to
23-37 the board of equalization to serve for a designated fiscal year. The
23-38 board of county commissioners may also appoint alternate members
23-39 to either panel.
23-40 3. A district attorney, county treasurer or county assessor or
23-41 any of their deputies or employees may not be appointed to the
23-42 county board of equalization.
23-43 4. The chairman of the board of county commissioners shall
23-44 nominate persons to serve on the county board of equalization who
23-45 are sufficiently experienced in business generally to be able to bring
24-1 knowledge and sound judgment to the deliberations of the board or
24-2 who are elected public officers. The nominees must be appointed
24-3 upon a majority vote of the board of county commissioners. The
24-4 chairman of the board of county commissioners shall designate one
24-5 of the appointees to serve as chairman of the county board of
24-6 equalization.
24-7 5. Except as otherwise provided in this subsection, the term of
24-8 each member is 4 years and any vacancy must be filled by
24-9 appointment for the unexpired term. The term of any elected public
24-10 officer expires upon the expiration of the term of his elected office.
24-11 6. The county clerk or his designated deputy is the clerk of
24-12 each panel of the county board of equalization.
24-13 7. Any member of the county board of equalization may be
24-14 removed by the board of county commissioners if, in its opinion, the
24-15 member is guilty of malfeasance in office or neglect of duty.
24-16 8. The members of the county board of equalization are entitled
24-17 to receive per diem allowance and travel expenses as provided for
24-18 state officers and employees. The board of county commissioners of
24-19 any county may by resolution provide for compensation to members
24-20 of the board of equalization in their county who are not elected
24-21 public officers as they deem adequate for time actually spent on the
24-22 work of the board of equalization. In no event may the rate of
24-23 compensation established by a board of county commissioners
24-24 exceed $40 per day.
24-25 9. A majority of the members of the county board of
24-26 equalization constitutes a quorum, and a majority of the board
24-27 determines the action of the board.
24-28 10. The county board of equalization of each county shall hold
24-29 such number of meetings as may be necessary to care for the
24-30 business of equalization presented to it. Every appeal to the county
24-31 board of equalization must be filed not later than January 15. Each
24-32 county board shall cause to be published, in a newspaper of general
24-33 circulation published in that county, a schedule of dates, times and
24-34 places of the board meetings at least 5 days before the first meeting.
24-35 The county board of equalization shall conclude the business of
24-36 equalization on or before the last day of February [28] of each year
24-37 except as to matters remanded by the State Board of Equalization.
24-38 The State Board of Equalization may establish procedures for the
24-39 county boards, including setting the period for hearing appeals and
24-40 for setting aside time to allow the county board to review and make
24-41 final determinations. The district attorney or his deputy shall be
24-42 present at all meetings of the county board of equalization to explain
24-43 the law and the board’s authority.
24-44 11. The county assessor or his deputy shall attend all meetings
24-45 of each panel of the county board of equalization.
25-1 Sec. 22. NRS 361.345 is hereby amended to read as follows:
25-2 361.345 1. Except as otherwise provided in subsection 2, the
25-3 county board of equalization may determine the valuation of any
25-4 property assessed by the county assessor, and may change and
25-5 correct any valuation found to be incorrect either by adding thereto
25-6 or by deducting therefrom such sum as is necessary to make it
25-7 conform to the taxable value of the property assessed, whether that
25-8 valuation was fixed by the owner or the county assessor. The county
25-9 board of equalization may not reduce the assessment of the county
25-10 assessor unless the appellant shows by clear and satisfactory
25-11 evidence that the valuation established by the county assessor is
25-12 excessive or inequitable. A change so made is effective only for the
25-13 fiscal year for which the assessment was made. The county assessor
25-14 shall each year review all such changes made for the previous fiscal
25-15 year and maintain or remove each change as circumstances warrant.
25-16 2. If a person complaining of the assessment of his property
25-17 [has] :
25-18 (a) Has refused or, without good cause, has neglected to give
25-19 the county assessor his list under oath, as required by [this chapter,
25-20 or has] NRS 361.265;
25-21 (b) Has refused entry to the assessor for the purpose of
25-22 conducting the physical examination required by NRS 361.260[,] ;
25-23 (c) Has refused to comply with or, without good cause, has
25-24 neglected to comply with a subpoena issued by the county assessor
25-25 pursuant to NRS 361.263; or
25-26 (d) Has failed to provide the financial and legal documents
25-27 that are necessary to comply with the provisions of
25-28 NRS 361.227,
25-29 the county assessor shall make a reasonable estimate of the property
25-30 and assess it accordingly. No reduction may be made by the county
25-31 board of equalization from the assessment of the county assessor
25-32 made pursuant to this subsection.
25-33 3. If the county board of equalization finds it necessary to add
25-34 to the assessed valuation of any property on the assessment roll, it
25-35 shall direct the clerk to give notice to the person so interested by
25-36 registered or certified letter, or by personal service, naming the day
25-37 when it will act on the matter and allowing a reasonable time for the
25-38 interested person to appear.
25-39 Sec. 23. NRS 361.355 is hereby amended to read as follows:
25-40 361.355 1. Any person, firm, company, association or
25-41 corporation, claiming overvaluation or excessive valuation of its real
25-42 or secured personal property in the State, whether assessed by the
25-43 Nevada Tax Commission or by the county assessor or assessors, by
25-44 reason of undervaluation for taxation purposes of the property of
25-45 any other person, firm, company, association or corporation within
26-1 any county of the State or by reason of any such property not being
26-2 so assessed, shall appear before the county board of equalization of
26-3 the county or counties where the undervalued or nonassessed
26-4 property is located and make complaint concerning it and submit
26-5 proof thereon. The complaint and proof must show the name of the
26-6 owner or owners, the location, the description, and the taxable value
26-7 of the property claimed to be undervalued or nonassessed.
26-8 2. Any person, firm, company, association or corporation
26-9 wishing to protest the valuation of real or personal property placed
26-10 on the unsecured tax roll which is assessed between May 1 and
26-11 December 15 [shall likewise appear before] may appeal the
26-12 assessment on or before the following January 15 or the first
26-13 business day following January 15 if it falls on a Saturday,
26-14 Sunday or holiday to the county board of equalization.
26-15 3. The county board of equalization forthwith shall examine
26-16 the proof and all data and evidence submitted by the complainant,
26-17 together with any evidence submitted thereon by the county assessor
26-18 or any other person. If the county board of equalization determines
26-19 that the complainant has just cause for making the complaint it shall
26-20 immediately make such increase in valuation of the property
26-21 complained of as conforms to its taxable value, or cause the
26-22 property to be placed on the assessment roll at its taxable value, as
26-23 the case may be, and make proper equalization thereof.
26-24 4. Except as provided in subsection 5 and NRS 361.403, any
26-25 such person, firm, company, association or corporation who fails to
26-26 make a complaint and submit proof to the county board of
26-27 equalization of each county wherein it is claimed property is
26-28 undervalued or nonassessed as provided in this section, is not
26-29 entitled to file a complaint with, or offer proof concerning that
26-30 undervalued or nonassessed property to, the State Board of
26-31 Equalization.
26-32 5. If the fact that there is such undervalued or nonassessed
26-33 property in any county has become known to the complainant after
26-34 the final adjournment of the county board of equalization of that
26-35 county for that year, the complainant may file his complaint [no
26-36 later than] on or before March 10 with the State Board of
26-37 Equalization and submit his proof as provided in this section at a
26-38 session of the State Board of Equalization, upon complainant
26-39 proving to the satisfaction of the State Board of Equalization he had
26-40 no knowledge of the undervalued or nonassessed property before the
26-41 final adjournment of the county board of equalization. If March 10
26-42 falls on a Saturday, Sunday or legal holiday, the complaint may be
26-43 filed on the next business day. The State Board of Equalization
26-44 shall proceed in the matter in the same manner as provided in this
26-45 section for a county board of equalization in such a case, and cause
27-1 its order thereon to be certified to the county auditor with direction
27-2 therein to change the assessment roll accordingly.
27-3 Sec. 24. NRS 361.356 is hereby amended to read as follows:
27-4 361.356 1. An owner of property who believes that his
27-5 property was assessed at a higher value than another property whose
27-6 use is identical and whose location is comparable may appeal the
27-7 assessment, on or before January 15 of the fiscal year in which the
27-8 assessment was made, to the county board of equalization. If
27-9 January 15 falls on a Saturday, Sunday or legal holiday, the
27-10 appeal may be filed on the next business day.
27-11 2. Before a person may file an appeal pursuant to subsection 1,
27-12 the person must complete a form provided by the county assessor to
27-13 appeal the assessment to the county board of equalization. The
27-14 county assessor may, before providing such a form, require the
27-15 person requesting the form to provide the parcel number or other
27-16 identification number of the property that is the subject of the
27-17 planned appeal.
27-18 3. If the board finds that an inequity exists in the assessment of
27-19 the value of the land or the value of the improvements, or both, the
27-20 board may add to or deduct from the value of the land or the value
27-21 of the improvements, or both, either of the appellant’s property or of
27-22 the property to which it is compared, to equalize the assessment.
27-23 4. In the case of residential property, the appellant shall cite
27-24 other property within the same subdivision if possible.
27-25 Sec. 25. NRS 361.357 is hereby amended to read as follows:
27-26 361.357 1. The owner of any property who believes that the
27-27 full cash value of [his] a fee simple interest in the property is less
27-28 than the taxable value computed for the property in the current
27-29 assessment year, may, not later than January 15 of the fiscal year in
27-30 which the assessment was made, appeal to the county board of
27-31 equalization. If January 15 falls on a Saturday, Sunday or legal
27-32 holiday, the appeal may be filed on the next business day.
27-33 2. Before a person may file an appeal pursuant to subsection 1,
27-34 the person must complete a form provided by the county assessor to
27-35 appeal the assessment to the county board of equalization. The
27-36 county assessor may, before providing such a form, require the
27-37 person requesting the form to provide the parcel number or other
27-38 identification number of the property that is the subject of the
27-39 planned appeal.
27-40 3. If the county board of equalization finds that the full
27-41 cash value of a fee simple interest in the property is less than the
27-42 taxable value computed for the property, the board shall correct the
27-43 land value or fix a percentage of obsolescence to be deducted each
27-44 year from the otherwise computed taxable value of the
27-45 improvements, or both, to make the taxable value of the property
28-1 correspond as closely as possible to [its] the full cash value[.] of a
28-2 fee simple interest in the property.
28-3 4. No appeal under this section may result in an increase in the
28-4 taxable value of the property.
28-5 Sec. 26. NRS 361.360 is hereby amended to read as follows:
28-6 361.360 1. Any taxpayer aggrieved at the action of the
28-7 county board of equalization in equalizing, or failing to equalize, the
28-8 value of his property, or property of others, or a county assessor,
28-9 may file an appeal with the State Board of Equalization [no later
28-10 than] on or before March 10 and present to the State Board of
28-11 Equalization the matters complained of at one of its sessions. If
28-12 March 10 falls on a Saturday, Sunday or legal holiday, the appeal
28-13 may be filed on the next business day.
28-14 2. All such appeals must be presented upon the same facts and
28-15 evidence as were submitted to the county board of equalization in
28-16 the first instance, unless there is discovered new evidence pertaining
28-17 to the matter which could not, by due diligence, have been
28-18 discovered before the final adjournment of the county board of
28-19 equalization. The new evidence must be submitted in writing to the
28-20 State Board of Equalization and served upon the county assessor not
28-21 less than 7 days before the hearing.
28-22 3. Any taxpayer whose real or personal property placed on the
28-23 unsecured tax roll was assessed after December 15 but before or on
28-24 the following April 30 may likewise protest to the State Board of
28-25 Equalization. Every such appeal must be filed on or before May 15.
28-26 If May 15 falls on a Saturday, Sunday or legal holiday, the appeal
28-27 may be filed on the next business day. A meeting must be held
28-28 before May 31 to hear those protests that in the opinion of the State
28-29 Board of Equalization may have a substantial effect on tax revenues.
28-30 One or more meetings may be held at any time and place in the
28-31 State before October 1 to hear all other protests.
28-32 4. [If the] The State Board of Equalization may not reduce
28-33 the assessment of the county assessor if:
28-34 (a) The appeal involves an assessment on property which the
28-35 taxpayer has refused or, without good cause, has neglected to
28-36 include in the list required of him pursuant to NRS 361.265 or has
28-37 refused or, without good cause, has neglected to provide the list to
28-38 the county assessor[, the State Board of Equalization may not
28-39 reduce the assessment of the county assessor.
28-40 5.] ;
28-41 (b) The taxpayer has refused to comply with or, without good
28-42 cause, has neglected to comply with a subpoena issued by the
28-43 county assessor pursuant to NRS 361.263;
29-1 (c) The taxpayer has failed to provide the financial and legal
29-2 documents that are necessary to comply with the provisions of
29-3 NRS 361.227;
29-4 (d) The taxpayer has refused entry to the assessor for the
29-5 purpose of conducting the physical examination require by NRS
29-6 361.260; or
29-7 (e) The taxpayer fails to show by clear and satisfactory
29-8 evidence that the evaluation established by the county assessor or
29-9 the county board of equalization is excessive or inequitable.
29-10 5. The county assessor shall each year review any change
29-11 made in an assessment for the previous fiscal year and maintain
29-12 or remove the change as circumstances warrant.
29-13 6. If the State Board of Equalization determines that the record
29-14 of a case on appeal from the county board of equalization is
29-15 inadequate because of an act or omission of the county assessor, the
29-16 district attorney or the county board of equalization, the State Board
29-17 of Equalization may remand the case to the county board of
29-18 equalization with directions to develop an adequate record within 30
29-19 days after the remand. The directions must indicate specifically the
29-20 inadequacies to be remedied. If the State Board of Equalization
29-21 determines that the record returned from the county board of
29-22 equalization after remand is still inadequate, the State Board of
29-23 Equalization may hold a hearing anew on the appellant’s complaint
29-24 or it may, if necessary, contract with an appropriate person to hear
29-25 the matter, develop an adequate record in the case and submit
29-26 recommendations to the State Board. The cost of the contract and all
29-27 costs, including attorney’s fees, to the State or the appellant
29-28 necessary to remedy the inadequate record on appeal are a charge
29-29 against the county.
29-30 Sec. 27. NRS 361.390 is hereby amended to read as follows:
29-31 361.390 Each county assessor shall:
29-32 1. File with or cause to be filed with the secretary of the State
29-33 Board of Equalization, on or before March 10 of each year, the tax
29-34 roll, or a true copy thereof, of his county for the current year as
29-35 corrected by the county board of equalization.
29-36 2. Prepare and file with the Department on or before
29-37 January 31, and again on or before [the first Monday in March,]
29-38 March 5 of each year , a segregation report showing the assessed
29-39 values for each taxing entity within the county on a form prescribed
29-40 by the Department. The assessor shall make any projections
29-41 required for the current fiscal year. The Department shall make any
29-42 projections required for the upcoming fiscal year.
29-43 3. Prepare and file with the Department on or before July 31
29-44 for the secured roll and on or before [April 30] May 5 for the
30-1 unsecured roll, a statistical report showing values for all categories
30-2 of property on a form prescribed by the Department.
30-3 Sec. 28. NRS 361.420 is hereby amended to read as follows:
30-4 361.420 1. Any property owner whose taxes are in excess of
30-5 the amount which the owner claims justly to be due may pay each
30-6 installment of taxes as it becomes due under protest in writing. The
30-7 protest must be in the form of a notarized statement from the
30-8 property owner and filed with the tax receiver at the time of
30-9 the payment of the installment of taxes. The tax receiver forthwith
30-10 shall forward one copy of the protest to the Attorney General and
30-11 one copy to the State Controller.
30-12 2. The property owner, having protested the payment of taxes
30-13 as provided in subsection 1 and having been denied relief by the
30-14 State Board of Equalization, may commence a suit in any court of
30-15 competent jurisdiction in the State of Nevada against the State and
30-16 county in which the taxes were paid, and, in a proper case, both the
30-17 Nevada Tax Commission and the Department may be joined as a
30-18 defendant for a recovery of the difference between the amount of
30-19 taxes paid and the amount which the owner claims justly to be due,
30-20 and the owner may complain upon any of the grounds contained in
30-21 subsection 4.
30-22 3. Every action commenced under the provisions of this section
30-23 must be commenced within 3 months after the date of the payment
30-24 of the last installment of taxes, and if not so commenced is forever
30-25 barred. If the tax complained of is paid in full and under the written
30-26 protest provided for in this section, at the time of the payment of the
30-27 first installment of taxes, suit for the recovery of the difference
30-28 between the amount paid and the amount claimed to be justly due
30-29 must be commenced within 3 months after the date of the full
30-30 payment of the tax or the issuance of the decision of the State Board
30-31 of Equalization denying relief, whichever occurs later, and if not so
30-32 commenced is forever barred.
30-33 4. In any suit brought under the provisions of this section, the
30-34 person assessed may complain or defend upon any of the following
30-35 grounds:
30-36 (a) That the taxes have been paid before the suit;
30-37 (b) That the property is exempt from taxation under the
30-38 provisions of the revenue or tax laws of the State, specifying in
30-39 detail the claim of exemption;
30-40 (c) That the person assessed was not the owner and had no right,
30-41 title or interest in the property assessed at the time of assessment;
30-42 (d) That the property is situate in and has been assessed in
30-43 another county, and the taxes thereon paid;
31-1 (e) That there was fraud in the assessment or that the assessment
31-2 is out of proportion to and above the taxable cash value of the
31-3 property assessed;
31-4 (f) That the assessment is out of proportion to and above the
31-5 valuation fixed by the Nevada Tax Commission for the year in
31-6 which the taxes were levied and the property assessed; or
31-7 (g) That the assessment complained of is discriminatory in that
31-8 it is not in accordance with a uniform and equal rate of assessment
31-9 and taxation, but is at a higher rate of the taxable value of the
31-10 property so assessed than that at which the other property in the
31-11 state is assessed.
31-12 5. In a suit based upon any one of the grounds mentioned in
31-13 paragraphs (e), (f) and (g) of subsection 4, the court shall conduct
31-14 the trial without a jury and confine its review to the record before
31-15 the State Board of Equalization. Where procedural irregularities
31-16 by the Board are alleged and are not shown in the record, the court
31-17 may take evidence respecting the allegation and, upon the request of
31-18 either party, shall hear oral argument and receive written briefs on
31-19 the matter.
31-20 6. In all cases mentioned in this section where the complaint is
31-21 based upon any grounds mentioned in subsection 4, the entire
31-22 assessment must not be declared void but is void only as to the
31-23 excess in valuation.
31-24 7. In any judgment recovered by the taxpayer under this
31-25 section, the court may provide for interest thereon not to exceed 6
31-26 percent per annum from and after the date of payment of the tax
31-27 complained of.
31-28 Sec. 29. NRS 361.450 is hereby amended to read as follows:
31-29 361.450 1. Except as otherwise provided in subsection 3,
31-30 every tax levied under the provisions of or authority of this chapter
31-31 is a perpetual lien against the property assessed until the tax and any
31-32 penalty charges and interest which may accrue thereon are paid.
31-33 Notwithstanding the provisions of any other specific statute, such
31-34 a lien is superior to all other liens, claims, encumbrances and
31-35 titles on the property, including, without limitation, interests
31-36 secured pursuant to the provisions of chapter 104 of NRS, whether
31-37 or not the lien was filed or perfected first in time.
31-38 2. Except as otherwise provided in this subsection, the lien
31-39 attaches on July 1 of the year for which the taxes are levied, upon all
31-40 property then within the county. The lien attaches upon all
31-41 migratory property, as described in NRS 361.505, on the day it is
31-42 moved into the county. If real and personal property are assessed
31-43 against the same owner, a lien attaches upon such real property also
31-44 for the tax levied upon the personal property within the county; and
31-45 a lien for taxes on personal property also attaches upon real property
32-1 assessed against the same owner in any other county of the State
32-2 from the date on which a certified copy of any unpaid property
32-3 assessment is filed for record with the county recorder in the county
32-4 in which the real property is situated.
32-5 3. All liens for taxes levied under this chapter which have
32-6 already attached to a mobile or manufactured home expire on the
32-7 date when the mobile or manufactured home is sold, except the liens
32-8 for personal property taxes due in the county in which the mobile or
32-9 manufactured home was situate at the time of sale, for any part of
32-10 the 12 months immediately preceding the date of sale.
32-11 4. All special taxes levied for city, town, school, road or other
32-12 purposes throughout the different counties of this state are a lien on
32-13 the property so assessed, and must be assessed and collected by the
32-14 same officer at the same time and in the same manner as the state
32-15 and county taxes are assessed and collected.
32-16 Sec. 30. NRS 361.483 is hereby amended to read as follows:
32-17 361.483 1. Except as otherwise provided in subsection [5,] 6,
32-18 taxes assessed upon the real property tax roll and upon mobile or
32-19 manufactured homes are due on the third Monday of August.
32-20 2. Taxes assessed upon the real property tax roll may be paid in
32-21 four approximately equal installments if the taxes assessed on the
32-22 parcel exceed $100.
32-23 3. [Taxes] Except as otherwise provided in this section, taxes
32-24 assessed upon a mobile or manufactured home may be paid in four
32-25 installments if the taxes assessed exceed $100.
32-26 4. If a taxpayer owns at least 25 mobile or manufactured
32-27 homes in a county that are leased for commercial purposes, and
32-28 those mobile or manufactured homes have not been converted to
32-29 real property pursuant to NRS 361.244, taxes assessed upon those
32-30 homes may be paid in four installments if, not later than July 31,
32-31 the taxpayer returns to the county assessor the written statement of
32-32 personal property required pursuant to NRS 361.265.
32-33 5. Except as otherwise provided in this section and NRS
32-34 361.505, taxes assessed upon personal property may be paid in four
32-35 approximately equal installments if:
32-36 (a) The total personal property taxes assessed exceed $10,000;
32-37 (b) Not later than July 31, the taxpayer returns to the county
32-38 assessor the written statement of personal property required
32-39 pursuant to NRS 361.265;
32-40 (c) The taxpayer files with the county assessor, or county
32-41 treasurer if the county treasurer has been designated to collect taxes,
32-42 a written request to be billed in quarterly installments and includes
32-43 with the request a copy of the written statement of personal property
32-44 required pursuant to NRS 361.265; and
33-1 (d) The [business has been in existence for at least 3 years if the]
33-2 personal property assessed is the property of a business[.
33-3 5.] and the business has paid its personal property taxes
33-4 without accruing penalties for the immediately preceding 2 fiscal
33-5 years in any county in the State.
33-6 6. If a person elects to pay in installments, the first installment
33-7 is due on the third Monday of August, the second installment on the
33-8 first Monday of October, the third installment on the first Monday
33-9 of January, and the fourth installment on the first Monday of March.
33-10 [6.] 7. If any person charged with taxes which are a lien on
33-11 real property fails to pay:
33-12 (a) Any one installment of the taxes on or within 10 days
33-13 following the day the taxes become due, there must be added thereto
33-14 a penalty of 4 percent.
33-15 (b) Any two installments of the taxes, together with accumulated
33-16 penalties, on or within 10 days following the day the later
33-17 installment of taxes becomes due, there must be added thereto a
33-18 penalty of 5 percent of the two installments due.
33-19 (c) Any three installments of the taxes, together with
33-20 accumulated penalties, on or within 10 days following the day the
33-21 latest installment of taxes becomes due, there must be added thereto
33-22 a penalty of 6 percent of the three installments due.
33-23 (d) The full amount of the taxes, together with accumulated
33-24 penalties, on or within 10 days following the first Monday of
33-25 March, there must be added thereto a penalty of 7 percent of the full
33-26 amount of the taxes.
33-27 [7.] 8. Any person charged with taxes which are a lien on a
33-28 mobile or manufactured home who fails to pay the taxes within 10
33-29 days after an installment payment is due is subject to the following
33-30 provisions:
33-31 (a) A penalty of 10 percent of the taxes due; and
33-32 (b) The county assessor may proceed under NRS 361.535.
33-33 [8.] 9. The ex officio tax receiver of a county shall notify each
33-34 person in the county who is subject to a penalty pursuant to this
33-35 section of the provisions of NRS 360.419 and 361.4835.
33-36 Sec. 31. NRS 361.4835 is hereby amended to read as follows:
33-37 361.4835 1. If the county treasurer or the county assessor
33-38 finds that a person’s failure to make a timely return or payment of
33-39 tax that is assessed by the county treasurer or county assessor and
33-40 that is imposed pursuant to chapter 361 of NRS, except NRS
33-41 361.320, is the result of circumstances beyond his control and
33-42 occurred despite the exercise of ordinary care and without intent, the
33-43 county treasurer or the county assessor may relieve him of all or part
33-44 of any interest or penalty, or both.
34-1 2. A person seeking this relief must file a statement [under
34-2 oath] setting forth the facts upon which he bases his claim with the
34-3 county treasurer or the county assessor.
34-4 3. The county treasurer or the county assessor shall disclose,
34-5 upon the request of any person:
34-6 (a) The name of the person; and
34-7 (b) The amount of the relief.
34-8 4. If the relief sought by the taxpayer is denied, he may appeal
34-9 from the denial to the Nevada Tax Commission.
34-10 5. The county treasurer or the county assessor may defer the
34-11 decision to the Department.
34-12 Sec. 32. NRS 361.484 is hereby amended to read as follows:
34-13 361.484 1. As used in this section, “acquired” means
34-14 acquired [either by:] :
34-15 (a) Pursuant to a purchase order or other sales agreement or
34-16 by condemnation proceedings pursuant to chapter 37 of NRS, if
34-17 the property acquired is personal property.
34-18 (b) By purchase and deed or by condemnation proceedings
34-19 pursuant to chapter 37 of NRS[.]
34-20 , if the property acquired is real property.
34-21 2. Taxes levied on real or personal property which is acquired
34-22 by the Federal Government or the State or any of its political
34-23 subdivisions must be abated ratably for the portion of the fiscal year
34-24 in which the [real] property is owned by the Federal Government or
34-25 the State or its political subdivision.
34-26 3. For the purposes of abatement, the Federal Government or
34-27 the State or its political subdivision shall be deemed to own [real] :
34-28 (a) Personal property acquired by purchase commencing on
34-29 the date of sale indicated on the purchase order or other sales
34-30 agreement.
34-31 (b) Personal property acquired by condemnation from the date
34-32 of judgment pursuant to NRS 37.160.
34-33 (c) Real property acquired by purchase commencing with the
34-34 date the deed is recorded . [and to own real]
34-35 (d) Real property acquired by condemnation from the date of
34-36 judgment pursuant to NRS 37.160 or the date of occupancy of the
34-37 property pursuant to NRS 37.100, whichever occurs earlier.
34-38 Sec. 33. NRS 361.530 is hereby amended to read as follows:
34-39 361.530 [On all moneys]
34-40 1. Except as otherwise provided in this section, on all money
34-41 collected from personal property tax by the several county assessors
34-42 and county treasurers, there [shall] must be reserved and paid into
34-43 the county treasury, for the benefit of the general fund of their
34-44 respective counties, by the county assessor[,] or county treasurer, a
35-1 percentage commission of [6] 8 percent on the gross amount of
35-2 collections from personal property tax.
35-3 2. One-quarter of the commission reserved pursuant to
35-4 subsection 1 must be accounted for separately in the county
35-5 general fund and used to acquire technology for or improve the
35-6 technology used in the office of the county assessor and, at his
35-7 discretion, may be used by other county offices that do business
35-8 with the county assessor, including, without limitation, costs
35-9 related to acquiring or improving technology for converting and
35-10 archiving records, purchasing hardware and software,
35-11 maintaining the technology, training employees in the operation
35-12 of the technology and contracting for professional services
35-13 relating to the technology.
35-14 3. On or before July 1 of each year, the county assessor shall
35-15 submit to the board of county commissioners a report of the
35-16 projected expenditures of the proceeds accounted for separately
35-17 pursuant to subsection 2 for the following fiscal year. Any money
35-18 remaining at the end of a fiscal year that has not been committed
35-19 for expenditure reverts to the county general fund.
35-20 Sec. 34. NRS 361.535 is hereby amended to read as follows:
35-21 361.535 1. If the person, company or corporation so assessed
35-22 neglects or refuses to pay the taxes within 30 days after demand, the
35-23 taxes become delinquent. If the person, company or corporation so
35-24 assessed neglects or refuses to pay the taxes within 10 days after the
35-25 taxes become delinquent, a penalty of 10 percent must be added. If
35-26 the tax and penalty are not paid on demand, the county assessor or
35-27 his deputy may seize, seal or lock enough of the personal property
35-28 of the person, company or corporation so neglecting or refusing to
35-29 pay to satisfy the taxes and costs. The county assessor may use
35-30 alternative methods of collection, including, without limitation, the
35-31 assistance of the district attorney.
35-32 2. The county assessor shall [post] :
35-33 (a) Post a notice of the seizure, with a description of the
35-34 property, in [three public places in the township or district where it
35-35 is seized, and shall, at] a public area of the county courthouse or
35-36 the county office building in which the assessor’s office is located,
35-37 and within the immediate vicinity of the property being seized; and
35-38 (b) At the expiration of 5 days, proceed to sell at public auction,
35-39 at the time and place mentioned in the notice, to the highest bidder,
35-40 for lawful money of the United States, a sufficient quantity of the
35-41 property to pay the taxes and expenses incurred. For this service, the
35-42 county assessor must be allowed from the delinquent person a fee of
35-43 $3. The county assessor is not required to sell the property if the
35-44 highest bid received is less than the lowest acceptable bid indicated
35-45 in the notice.
36-1 3. If the personal property seized by the county assessor or his
36-2 deputy consists of a mobile or manufactured home, an aircraft, or
36-3 the personal property of a business, the county assessor shall publish
36-4 a notice of the seizure once during each of 2 successive weeks in a
36-5 newspaper of general circulation in the county. If the legal owner of
36-6 the property is someone other than the registered owner and the
36-7 name and address of the legal owner can be ascertained from [the
36-8 records of the Department of Motor Vehicles,] public records,
36-9 the county assessor shall, before publication, send a copy of the
36-10 notice by registered or certified mail to the legal owner. The cost of
36-11 the publication and notice must be charged to the delinquent
36-12 taxpayer. The notice must state:
36-13 (a) The name of the owner, if known.
36-14 (b) The description of the property seized, including the
36-15 location, the make, model and dimensions and the serial number,
36-16 body number or other identifying number.
36-17 (c) The fact that the property has been seized and the reason for
36-18 seizure.
36-19 (d) The lowest acceptable bid for the sale of the property,
36-20 which is the total amount of the taxes due on the property and the
36-21 penalties and costs as provided by law.
36-22 (e) The time and place at which the property is to be
36-23 sold.
36-24 After the expiration of 5 days from the date of the second
36-25 publication of the notice, the property must be sold at public auction
36-26 in the manner provided in subsection 2 for the sale of other personal
36-27 property by the county assessor.
36-28 4. Upon payment of the purchase money, the county assessor
36-29 shall deliver to the purchaser of the property sold, with a certificate
36-30 of the sale, a statement of the amount of taxes or assessment and the
36-31 expenses thereon for which the property was sold, whereupon the
36-32 title of the property so sold vests absolutely in the purchaser.
36-33 5. After a mobile or manufactured home, an aircraft, or the
36-34 personal property of a business is sold and the county assessor has
36-35 paid all the taxes and costs on the property, the county assessor shall
36-36 deposit into the general fund of the county the first $300 of the
36-37 excess proceeds from the sale. The county assessor shall deposit any
36-38 remaining amount of the excess proceeds from the sale into an
36-39 interest-bearing account maintained for the purpose of holding
36-40 excess proceeds separate from other money of the county. If no
36-41 claim is made for the money within 6 months after the sale of the
36-42 property for which the claim is made, the county assessor shall pay
36-43 the money into the general fund of the county. All interest paid on
36-44 money deposited in the account pursuant to this subsection is the
36-45 property of the county.
37-1 6. If the former owner of a mobile or manufactured home,
37-2 aircraft, or personal property of a business that was sold pursuant to
37-3 this section makes a claim in writing for the balance of the proceeds
37-4 of the sale within 6 months after the completion of the sale, the
37-5 county assessor shall pay the balance of the proceeds of the sale or
37-6 the proper portion of the balance over to the former owner if the
37-7 county assessor is satisfied that the former owner is entitled to it.
37-8 Sec. 35. NRS 361.561 is hereby amended to read as follows:
37-9 361.561 [Those units]
37-10 1. A dwelling unit identified as “chassis-mount camper,” “mini
37-11 motor home,” “motor home,” “recreational park trailer,” “travel
37-12 trailer,” “utility trailer” and “van conversion,” in chapter 482 of
37-13 NRS and any other vehicle required to be registered with the
37-14 Department of Motor Vehicles are subject to the personal property
37-15 tax unless registered and taxed pursuant to chapter 371 of NRS.
37-16 Such unregistered units and vehicles must be taxed in the manner
37-17 provided in NRS 361.561 to 361.5644, inclusive.
37-18 2. As used in this section, “dwelling unit” means a vehicle
37-19 that is primarily used as living quarters, but has not been
37-20 converted to real property pursuant to NRS 361.244, and is located
37-21 in a manufactured home park, as defined in NRS 118B.017, or on
37-22 other land within the county, but not in a recreational vehicle
37-23 park, as defined in NRS 108.2678, that is licensed for parking
37-24 vehicles for a duration of less than 9 months per year.
37-25 Sec. 36. NRS 361.768 is hereby amended to read as follows:
37-26 361.768 1. If an overassessment of real or personal property
37-27 appears upon the secured tax roll of any county because of a factual
37-28 error concerning its existence, size, quantity, age, use or zoning or
37-29 legal or physical restrictions on its use within 3 years after the end
37-30 of the fiscal year for which the assessment was made, the county
37-31 assessor shall make a report thereof to the board of county
37-32 commissioners of the county.
37-33 2. The board of county commissioners shall examine the error
37-34 so reported, together with any evidence presented and, if satisfied
37-35 that the error is factual, shall:
37-36 (a) By an order entered in the minutes of the board, direct the
37-37 county treasurer to correct the error; and
37-38 (b) Deliver a copy of the order to the county treasurer, who shall
37-39 make the necessary adjustments to the tax bill and correct the
37-40 secured tax roll. The adjustment may be a full refund or a credit
37-41 against taxes due which may be allocated over a period no longer
37-42 than 3 years.
37-43 3. Partial or complete destruction [or removal of an
37-44 improvement or secured] of a real property improvement or of
37-45 personal property may be adjusted pro rata if [removal or] the
38-1 destruction occurred on or after the lien date and the property was
38-2 rendered unusable or uninhabitable for a period of not less than 90
38-3 consecutive days. The adjustments may be made in the form of a
38-4 credit on taxes due or a refund if taxes have been paid for the period.
38-5 The county assessor shall notify the county treasurer of each
38-6 adjustment. The county assessor shall report recommended
38-7 adjustments to the board of county commissioners no later than
38-8 June 30 of each fiscal year.
38-9 Sec. 37. NRS 362.040 is hereby amended to read as follows:
38-10 362.040 Upon receipt of an affidavit from the county [clerk]
38-11 recorder pursuant to NRS 362.050 stating that at least $100 in
38-12 development work has been actually performed upon the patented
38-13 mine or mining claim during the federal mining assessment work
38-14 period ending within the year before the fiscal year for which the
38-15 assessment has been levied, the assessor shall exclude from the roll
38-16 the assessment against the patented mine or mining claim named in
38-17 the affidavit.
38-18 Sec. 38. NRS 362.050 is hereby amended to read as follows:
38-19 362.050 1. To obtain the exemption of the surface of a
38-20 patented mine or mining claim from taxation ad valorem, pursuant
38-21 to Section 5 of Article 10 of the Constitution of this state, the owner
38-22 must [submit] record an affidavit [to] with the office of the county
38-23 [clerk] recorder for the county in which the mine is located on or
38-24 before December 30 covering work done during the 12 months next
38-25 preceding 12 a.m. on September 1 of that year. The exemption then
38-26 applies to the taxes for the fiscal year beginning on July 1 following
38-27 the filing of the affidavit. Upon receipt of such an affidavit, the
38-28 county [clerk shall cause it to be recorded in the office of the county
38-29 recorder and transmit it] recorder shall transmit a copy of the
38-30 affidavit, without charge, to the county assessor.
38-31 2. The affidavit of labor must describe particularly the work
38-32 performed, upon what portion of the mine or claim, and when and
38-33 by whom done, and may be substantially in the following form:
38-34 State of Nevada }
38-35 }ss.
38-36 County of...... }
38-37 ................................, being first duly sworn, deposes and says:
38-38 That development work worth at least $100 was performed upon the
38-39 ............................... patented mine or mining claim, situated in the
38-40 ........................................ Mining District, County of
38-41 ..........................................., State of Nevada, during the federal
38-42 mining assessment work period ending within the year ....... . The
38-43 work was done at the expense of .............................., the owner (or
39-1 one of the owners) of the patented mine or mining claim, for the
39-2 purpose of relieving it from the tax assessment. It was performed by
39-3 ................................, at about ................ feet in a ................ direction
39-4 from the monument of location, and was done between the ........ day
39-5 of the month of ........ of the year ......., and the .......... day of the
39-6 month of .......... of the year ......., and consisted of the following
39-7 work:
39-8 ............................................................................
39-9 ............................................................................
39-10 ...........................
39-11 (Signature)
39-12 Subscribed and sworn to before me
39-13 this ...... day of the month of ...... of the year ......
39-14 ..............................................
39-15 Notary Public (or other person
39-16 authorized to administer oaths)
39-17 Sec. 39. NRS 371.101 is hereby amended to read as follows:
39-18 371.101 1. Vehicles registered by surviving spouses and
39-19 orphan children not to exceed the amount of $1,000 determined
39-20 valuation, are exempt from taxation, but the exemption must not be
39-21 allowed to anyone but actual bona fide residents of this state, and
39-22 must be filed in but one county in this state to the same family.
39-23 2. For the purpose of this section, vehicles in which the
39-24 surviving spouse or orphan child has any interest shall be deemed to
39-25 belong entirely to that surviving spouse or orphan child.
39-26 3. The person claiming the exemption shall file with the
39-27 Department in the county where the exemption is claimed an
39-28 affidavit declaring his residency and that the exemption has been
39-29 claimed in no other county in this state for that year. The affidavit
39-30 must be made before the county assessor or a notary public. After
39-31 the filing of the original affidavit, the county assessor shall mail a
39-32 form for renewal of the exemption to the person each year following
39-33 a year in which the exemption was allowed for that person. The
39-34 form must be designed to facilitate its return by mail by the person
39-35 claiming the exemption.
39-36 4. A surviving spouse is not entitled to the exemption provided
39-37 by this section in any fiscal year beginning after any remarriage,
39-38 even if the remarriage is later annulled.
39-39 5. Beginning with the 2005-2006 Fiscal Year, the monetary
39-40 amount in subsection 1 must be adjusted for each fiscal year by
39-41 adding to each amount the product of the amount multiplied by
39-42 the percentage increase in the Consumer Price Index (All Items)
40-1 from December 2003 to the December preceding the fiscal year for
40-2 which the adjustment is calculated.
40-3 Sec. 40. NRS 371.102 is hereby amended to read as follows:
40-4 371.102 1. Vehicles registered by a blind person, not to
40-5 exceed the amount of $3,000 determined valuation, are exempt from
40-6 taxation, but the exemption must not be allowed to anyone but bona
40-7 fide residents of this state, and must be filed in but one county in
40-8 this state on account of the same blind person.
40-9 2. The person claiming the exemption [shall] must file with the
40-10 [Department in] county assessor of the county where the exemption
40-11 is claimed an affidavit declaring [his residency] that he is an actual
40-12 bona fide resident of the State of Nevada, that he is a blind person
40-13 and that the exemption [has been] is claimed in no other county in
40-14 this state . [for that year.] The affidavit must be made before the
40-15 county assessor or a notary public. After the filing of the original
40-16 affidavit, the county assessor shall mail a form for renewal of the
40-17 exemption to the person each year following a year in which the
40-18 exemption was allowed for that person. The form must be designed
40-19 to facilitate its return by mail by the person claiming the exemption.
40-20 3. Upon first claiming the exemption in a county the claimant
40-21 shall furnish to the [Department] county assessor a certificate of a
40-22 physician licensed under the laws of this state setting forth that he
40-23 has examined the claimant and has found him to be a blind person.
40-24 4. Beginning with the 2005-2006 Fiscal Year, the monetary
40-25 amount in subsection 1 must be adjusted for each fiscal year by
40-26 adding to each amount the product of the amount multiplied by
40-27 the percentage increase in the Consumer Price Index (All Items)
40-28 from December 2003 to the December preceding the fiscal year for
40-29 which the adjustment is calculated.
40-30 5. As used in this section, “blind person” includes any person
40-31 whose visual acuity with correcting lenses does not exceed 20/200
40-32 in the better eye, or whose vision in the better eye is restricted to a
40-33 field which subtends an angle of not greater than 20°.
40-34 Sec. 41. NRS 371.103 is hereby amended to read as follows:
40-35 371.103 1. Vehicles, to the extent of the determined
40-36 valuation as set forth in subsection 2, registered by any actual bona
40-37 fide resident of the State of Nevada who[:
40-38 (a) Has served a minimum of 90 days on active duty, who was
40-39 assigned to active duty at some time between April 21, 1898, and
40-40 June 15, 1903, or between April 6, 1917, and November 11, 1918,
40-41 or between December 7, 1941, and December 31, 1946, or between
40-42 June 25, 1950, and January 31, 1955;
40-43 (b) Has] has served a minimum of 90 continuous days on active
40-44 duty none of which was for training purposes, [who was assigned to
41-1 active duty at some time between January 1, 1961, and May 7, 1975;
41-2 or
41-3 (c) Has served on active duty in connection with carrying out
41-4 the authorization granted to the President of the United States in
41-5 Public Law 102-1,]and who received, upon severance from service,
41-6 an honorable discharge or certificate of satisfactory service from the
41-7 Armed Forces of the United States, or who, having so served, is still
41-8 serving in the Armed Forces of the United States, is exempt from
41-9 taxation.
41-10 2. The amount of determined valuation that is exempt from
41-11 taxation pursuant to subsection 1:
41-12 (a) For Fiscal Year 2001-2002, is $1,250;
41-13 (b) For Fiscal Year 2002-2003, is $1,500; and
41-14 (c) For Fiscal Year 2003-2004, is $1,750.
41-15 3. For the purpose of this section:
41-16 (a) For Fiscal Year 2001-2002, the first $1,250 determined
41-17 valuation of vehicles in which such a person has any interest;
41-18 (b) For Fiscal Year 2002-2003, the first $1,500 determined
41-19 valuation of vehicles in which such a person has any interest; and
41-20 (c) For Fiscal Year 2003-2004, the first $1,750 determined
41-21 valuation of vehicles in which such a person has any
41-22 interest,
41-23 shall be deemed to belong to that person.
41-24 4. A person claiming the exemption shall file annually with the
41-25 Department in the county where the exemption is claimed an
41-26 affidavit declaring that he is an actual bona fide resident of the State
41-27 of Nevada who meets all the other requirements of subsection 1 and
41-28 that the exemption is claimed in no other county in this state. The
41-29 affidavit must be made before the county assessor or a notary
41-30 public. After the filing of the original affidavit, the county assessor
41-31 shall mail a form for:
41-32 (a) The renewal of the exemption; and
41-33 (b) The designation of any amount to be credited to the
41-34 Veterans’ Home Account[,] established pursuant to
41-35 NRS 417.145,
41-36 to the person each year following a year in which the exemption was
41-37 allowed for that person. The form must be designed to facilitate its
41-38 return by mail by the person claiming the exemption.
41-39 5. Persons in actual military service are exempt during the
41-40 period of such service from filing annual affidavits of exemption,
41-41 and the Department shall grant exemptions to those persons on the
41-42 basis of the original affidavits filed. In the case of any person who
41-43 has entered the military service without having previously made and
41-44 filed an affidavit of exemption, the affidavit may be filed in his
42-1 behalf during the period of such service by any person having
42-2 knowledge of the facts.
42-3 6. Before allowing any veteran’s exemption pursuant to the
42-4 provisions of this chapter, the Department shall require proof of
42-5 status of the veteran, and for that purpose shall require production of
42-6 an honorable discharge or certificate of satisfactory service or a
42-7 certified copy thereof, or such other proof of status as may be
42-8 necessary.
42-9 7. If any person files a false affidavit or produces false proof to
42-10 the Department, and as a result of the false affidavit or false proof a
42-11 tax exemption is allowed to a person not entitled to the exemption,
42-12 he is guilty of a gross misdemeanor.
42-13 Sec. 42. NRS 371.103 is hereby amended to read as follows:
42-14 371.103 1. Vehicles, to the extent of $2,000 determined
42-15 valuation, registered by any actual bona fide resident of the State of
42-16 Nevada who[:
42-17 (a) Has served a minimum of 90 days on active duty, who was
42-18 assigned to active duty at some time between April 21, 1898, and
42-19 June 15, 1903, or between April 6, 1917, and November 11, 1918,
42-20 or between December 7, 1941, and December 31, 1946, or between
42-21 June 25, 1950, and January 31, 1955;
42-22 (b) Has] has served a minimum of 90 continuous days on active
42-23 duty none of which was for training purposes, [who was assigned to
42-24 active duty at some time between January 1, 1961, and May 7, 1975;
42-25 or
42-26 (c) Has served on active duty in connection with carrying out
42-27 the authorization granted to the President of the United States in
42-28 Public Law 102-1,] and who received, upon severance from service,
42-29 an honorable discharge or certificate of satisfactory service from the
42-30 Armed Forces of the United States, or who, having so served, is still
42-31 serving in the Armed Forces of the United States, is exempt from
42-32 taxation.
42-33 2. For the purpose of this section, the first $2,000 determined
42-34 valuation of vehicles in which such a person has any interest shall
42-35 be deemed to belong to that person.
42-36 3. A person claiming the exemption shall file annually with the
42-37 Department in the county where the exemption is claimed an
42-38 affidavit declaring that he is an actual bona fide resident of the State
42-39 of Nevada who meets all the other requirements of subsection 1 and
42-40 that the exemption is claimed in no other county in this state. The
42-41 affidavit must be made before the county assessor or a notary
42-42 public. After the filing of the original affidavit, the county assessor
42-43 shall mail a form for:
42-44 (a) The renewal of the exemption; and
43-1 (b) The designation of any amount to be credited to the
43-2 Veterans’ Home Account[,] established pursuant to
43-3 NRS 417.145,
43-4 to the person each year following a year in which the exemption was
43-5 allowed for that person. The form must be designed to facilitate its
43-6 return by mail by the person claiming the exemption.
43-7 4. Persons in actual military service are exempt during the
43-8 period of such service from filing annual affidavits of exemption
43-9 and the Department shall grant exemptions to those persons on the
43-10 basis of the original affidavits filed. In the case of any person who
43-11 has entered the military service without having previously made and
43-12 filed an affidavit of exemption, the affidavit may be filed in his
43-13 behalf during the period of such service by any person having
43-14 knowledge of the facts.
43-15 5. Before allowing any veteran’s exemption pursuant to the
43-16 provisions of this chapter, the Department shall require proof of
43-17 status of the veteran, and for that purpose shall require production of
43-18 an honorable discharge or certificate of satisfactory service or a
43-19 certified copy thereof, or such other proof of status as may be
43-20 necessary.
43-21 6. If any person files a false affidavit or produces false proof to
43-22 the Department, and as a result of the false affidavit or false proof a
43-23 tax exemption is allowed to a person not entitled to the exemption,
43-24 he is guilty of a gross misdemeanor.
43-25 7. Beginning with the 2005-2006 fiscal year, the monetary
43-26 amounts in subsections 1 and 2 must be adjusted for each fiscal year
43-27 by adding to each amount the product of the amount multiplied by
43-28 the percentage increase in the Consumer Price Index (All Items)
43-29 from December 2003 to the December preceding the fiscal year for
43-30 which the adjustment is calculated.
43-31 Sec. 43. NRS 371.1035 is hereby amended to read as follows:
43-32 371.1035 1. Any person who qualifies for an exemption
43-33 pursuant to NRS 371.103 or 371.104 may, in lieu of claiming his
43-34 exemption:
43-35 (a) Pay to the Department all or any portion of the amount by
43-36 which the tax would be reduced if he claimed his exemption; and
43-37 (b) Direct the Department to deposit that amount for credit to
43-38 the Veterans’ Home Account established pursuant to NRS 417.145.
43-39 2. Any person who wishes to waive his exemption pursuant to
43-40 this section shall designate the amount to be credited to the Account
43-41 on a form provided by the Department.
43-42 3. The Department shall deposit any money received pursuant
43-43 to this section with the State Treasurer for credit to the Veterans’
43-44 Home Account established pursuant to NRS 417.145. The State
43-45 Treasurer shall not accept:
44-1 (a) For Fiscal Year 2001-2002, more than a total of $1,250,000;
44-2 (b) For Fiscal Year 2002-2003, more than a total of $1,500,000;
44-3 and
44-4 (c) For Fiscal Year 2003-2004, more than a total of
44-5 $1,750,000,
44-6 for credit to the Account pursuant to this section and NRS 361.0905
44-7 during any fiscal year.
44-8 Sec. 44. NRS 371.1035 is hereby amended to read as follows:
44-9 371.1035 1. Any person who qualifies for an exemption
44-10 pursuant to NRS 371.103 or 371.104 may, in lieu of claiming his
44-11 exemption:
44-12 (a) Pay to the Department all or any portion of the amount by
44-13 which the tax would be reduced if he claimed his exemption; and
44-14 (b) Direct the Department to deposit that amount for credit to
44-15 the Veterans’ Home Account established pursuant to NRS 417.145.
44-16 2. Any person who wishes to waive his exemption pursuant to
44-17 this section shall designate the amount to be credited to the Account
44-18 on a form provided by the Department.
44-19 3. The Department shall deposit any money received pursuant
44-20 to this section with the State Treasurer for credit to the Veterans’
44-21 Home Account established pursuant to NRS 417.145. The State
44-22 Treasurer shall not accept more than a total of $2,000,000 for credit
44-23 to the Account pursuant to this section and NRS 361.0905 during
44-24 any fiscal year.
44-25 Sec. 45. NRS 371.104 is hereby amended to read as follows:
44-26 371.104 1. A bona fide resident of the State of Nevada who
44-27 has incurred a permanent service-connected disability and has been
44-28 honorably discharged from the Armed Forces of the United States,
44-29 or his surviving spouse, is entitled to a veteran’s exemption from the
44-30 payment of governmental services taxes on vehicles of the following
44-31 determined valuations:
44-32 (a) If he has a disability of 100 percent:
44-33 (1) For Fiscal Year 2001-2002, the first $12,500 of
44-34 determined valuation;
44-35 (2) For Fiscal Year 2002-2003, the first $15,000 of
44-36 determined valuation; and
44-37 (3) For Fiscal Year 2003-2004, the first $17,500 of
44-38 determined valuation.
44-39 (b) If he has a disability of 80 to 99 percent, inclusive:
44-40 (1) For Fiscal Year 2001-2002, the first $9,375 of determined
44-41 valuation;
44-42 (2) For Fiscal Year 2002-2003, the first $11,250 of
44-43 determined valuation; and
44-44 (3) For Fiscal Year 2003-2004, the first $13,125 of
44-45 determined valuation.
45-1 (c) If he has a disability of 60 to 79 percent, inclusive:
45-2 (1) For Fiscal Year 2001-2002, the first $6,250 of determined
45-3 valuation;
45-4 (2) For Fiscal Year 2002-2003, the first $7,500 of determined
45-5 valuation; and
45-6 (3) For Fiscal Year 2003-2004, the first $8,750 of determined
45-7 valuation.
45-8 2. For the purpose of this section:
45-9 (a) For Fiscal Year 2001-2002, the first $12,500 determined
45-10 valuation of vehicles in which an applicant has any interest;
45-11 (b) For Fiscal Year 2002-2003, the first $15,000 of determined
45-12 valuation of vehicles in which an applicant has any interest; and
45-13 (c) For Fiscal Year 2003-2004, the first $17,500 of determined
45-14 valuation of vehicles in which an applicant has any
45-15 interest,
45-16 shall be deemed to belong entirely to that person.
45-17 3. A person claiming the exemption shall file annually with the
45-18 Department in the county where the exemption is claimed an
45-19 affidavit declaring that he is a bona fide resident of the State of
45-20 Nevada who meets all the other requirements of subsection 1 and
45-21 that the exemption is claimed in no other county within this state.
45-22 After the filing of the original affidavit, the county assessor shall
45-23 mail a form for :
45-24 (a) The renewal of the exemption ; and
45-25 (b) The designation of any amount to be credited to the
45-26 Veterans’ Home Account established pursuant to
45-27 NRS 417.145,
45-28 to the person each year following a year in which the exemption was
45-29 allowed for that person. The form must be designed to facilitate its
45-30 return by mail by the person claiming the exemption.
45-31 4. Before allowing any exemption pursuant to the provisions of
45-32 this section, the Department shall require proof of the applicant’s
45-33 status, and for that purpose shall require production of:
45-34 (a) A certificate from the Department of Veterans Affairs that
45-35 the veteran has incurred a permanent service-connected disability,
45-36 which shows the percentage of that disability; and
45-37 (b) Any one of the following:
45-38 (1) An honorable discharge;
45-39 (2) A certificate of satisfactory service; or
45-40 (3) A certified copy of either of these documents.
45-41 5. A surviving spouse claiming an exemption pursuant to this
45-42 section must file with the Department in the county where the
45-43 exemption is claimed an affidavit declaring that:
45-44 (a) The surviving spouse was married to and living with the
45-45 disabled veteran for the 5 years preceding his death;
46-1 (b) The disabled veteran was eligible for the exemption at the
46-2 time of his death; and
46-3 (c) The surviving spouse has not remarried.
46-4 The affidavit required by this subsection is in addition to the
46-5 certification required pursuant to subsections 3 and 4. After the
46-6 filing of the original affidavit required by this subsection, the county
46-7 assessor shall mail a form for renewal of the exemption to the
46-8 person each year following a year in which the exemption was
46-9 allowed for that person. The form must be designed to facilitate its
46-10 return by mail by the person claiming the exemption.
46-11 6. If a tax exemption is allowed under this section, the claimant
46-12 is not entitled to an exemption under NRS 371.103.
46-13 7. If any person makes a false affidavit or produces false proof
46-14 to the Department, and as a result of the false affidavit or false
46-15 proof, the person is allowed a tax exemption to which he is not
46-16 entitled, he is guilty of a gross misdemeanor.
46-17 Sec. 46. NRS 371.104 is hereby amended to read as follows:
46-18 371.104 1. A bona fide resident of the State of Nevada who
46-19 has incurred a permanent service-connected disability and has been
46-20 honorably discharged from the Armed Forces of the United States,
46-21 or his surviving spouse, is entitled to a veteran’s exemption from the
46-22 payment of governmental services taxes on vehicles of the following
46-23 determined valuations:
46-24 (a) If he has a disability of 100 percent, the first $20,000 of
46-25 determined valuation.
46-26 (b) If he has a disability of 80 to 99 percent, inclusive, the first
46-27 $15,000 of determined valuation.
46-28 (c) If he has a disability of 60 to 79 percent, inclusive, the first
46-29 $10,000 of determined valuation.
46-30 2. For the purpose of this section, the first $20,000 of
46-31 determined valuation of vehicles in which an applicant has any
46-32 interest, shall be deemed to belong entirely to that person.
46-33 3. A person claiming the exemption shall file annually with the
46-34 Department in the county where the exemption is claimed an
46-35 affidavit declaring that he is a bona fide resident of the State of
46-36 Nevada who meets all the other requirements of subsection 1 and
46-37 that the exemption is claimed in no other county within this state.
46-38 After the filing of the original affidavit, the county assessor shall
46-39 mail a form for :
46-40 (a) The renewal of the exemption ; and
46-41 (b) The designation of any amount to be credited to the
46-42 Veterans’ Home Account established pursuant to
46-43 NRS 417.145,
47-1 to the person each year following a year in which the exemption was
47-2 allowed for that person. The form must be designed to facilitate its
47-3 return by mail by the person claiming the exemption.
47-4 4. Before allowing any exemption pursuant to the provisions of
47-5 this section, the Department shall require proof of the applicant’s
47-6 status, and for that purpose shall require production of:
47-7 (a) A certificate from the Department of Veterans Affairs that
47-8 the veteran has incurred a permanent service-connected disability,
47-9 which shows the percentage of that disability; and
47-10 (b) Any one of the following:
47-11 (1) An honorable discharge;
47-12 (2) A certificate of satisfactory service; or
47-13 (3) A certified copy of either of these documents.
47-14 5. A surviving spouse claiming an exemption pursuant to this
47-15 section must file with the Department in the county where the
47-16 exemption is claimed an affidavit declaring that:
47-17 (a) The surviving spouse was married to and living with the
47-18 disabled veteran for the 5 years preceding his death;
47-19 (b) The disabled veteran was eligible for the exemption at the
47-20 time of his death; and
47-21 (c) The surviving spouse has not remarried.
47-22 The affidavit required by this subsection is in addition to the
47-23 certification required pursuant to subsections 3 and 4. After the
47-24 filing of the original affidavit required by this subsection, the county
47-25 assessor shall mail a form for renewal of the exemption to the
47-26 person each year following a year in which the exemption was
47-27 allowed for that person. The form must be designed to facilitate its
47-28 return by mail by the person claiming the exemption.
47-29 6. If a tax exemption is allowed under this section, the claimant
47-30 is not entitled to an exemption under NRS 371.103.
47-31 7. If any person makes a false affidavit or produces false proof
47-32 to the Department, and as a result of the false affidavit or false proof
47-33 the person is allowed a tax exemption to which he is not entitled, he
47-34 is guilty of a gross misdemeanor.
47-35 8. Beginning with the 2005-2006 fiscal year, the monetary
47-36 amounts in subsections 1 and 2 must be adjusted for each fiscal year
47-37 by adding to each amount the product of the amount multiplied by
47-38 the percentage increase in the Consumer Price Index (All Items)
47-39 from December 2003 to the December preceding the fiscal year for
47-40 which the adjustment is calculated.
47-41 Sec. 47. NRS 111.312 is hereby amended to read as follows:
47-42 111.312 1. The county recorder shall not record with respect
47-43 to real property, a notice of completion, a declaration of homestead,
47-44 a lien or notice of lien, an affidavit of death, a mortgage or deed of
47-45 trust, or any conveyance of real property or instrument in writing
48-1 setting forth an agreement to convey real property unless the
48-2 document being recorded contains:
48-3 (a) The mailing address of the grantee or, if there is no grantee,
48-4 the mailing address of the person who is requesting the recording of
48-5 the document; and
48-6 (b) [The] Except as otherwise provided in subsection 2, the
48-7 assessor’s parcel number of the property at the top left corner of the
48-8 first page of the document, if the county assessor has assigned a
48-9 parcel number to the property. The parcel number must comply
48-10 with the current system for numbering parcels used by the county
48-11 assessor’s office. The county recorder is not required to verify that
48-12 the assessor’s parcel number is correct.
48-13 2. [The] Any document relating exclusively to the transfer of
48-14 water rights may be recorded without containing the assessor’s
48-15 parcel number of the property.
48-16 3. Except as otherwise provided in this subsection, the county
48-17 recorder shall not record with respect to real property any
48-18 conveyance of real property or instrument in writing setting forth an
48-19 agreement to convey real property unless the document being
48-20 recorded contains the name and address of the person to whom a
48-21 statement of the taxes assessed on the real property is to be mailed.
48-22 [3.] The provisions of this subsection do not apply to:
48-23 (a) A declaration of homestead.
48-24 (b) A lien or notice of lien.
48-25 (c) A mortgage or deed of trust or any breach, assignment or
48-26 reconveyance relating to a mortgage or deed of trust.
48-27 4. The assessor’s parcel number shall not be deemed to be a
48-28 complete legal description of the real property conveyed.
48-29 [4.] 5. Except as otherwise provided in subsection [5,] 6, if a
48-30 document that is being recorded includes a legal description of real
48-31 property that is provided in metes and bounds, the document must
48-32 include the name and mailing address of the person who prepared
48-33 the legal description. The county recorder is not required to verify
48-34 the accuracy of the name and mailing address of such a person.
48-35 [5.] 6. If a document described in subsection [4] 5 previously
48-36 has been recorded, the document must include all information
48-37 necessary to identify and locate the previous recording, but the name
48-38 and mailing address of the person who prepared the legal
48-39 description is not required for the document to be recorded. The
48-40 county recorder is not required to verify the accuracy of the
48-41 information concerning the previous recording.
48-42 Sec. 48. NRS 247.180 is hereby amended to read as follows:
48-43 247.180 1. Except as otherwise provided in NRS 111.312,
48-44 whenever a document conveying, encumbering or mortgaging both
48-45 real and personal property is presented to a county recorder for
49-1 recording, the county recorder shall record the document. The
49-2 record must be indexed in the real estate index as deeds and other
49-3 conveyances are required by law to be indexed, and for which the
49-4 county recorder may receive the same fees as are allowed by law for
49-5 recording and indexing deeds and other documents, but only one fee
49-6 for the recording of a document may be collected.
49-7 2. A county recorder who records a document pursuant to this
49-8 section shall, within 7 working days after he records the document,
49-9 provide to the county assessor at no charge:
49-10 (a) A duplicate copy of the document and any supporting
49-11 documents; or
49-12 (b) Access to the digital document and any digital supporting
49-13 documents. Such documents must be compatible with the
49-14 information technology used by the county assessor.
49-15 Sec. 49. NRS 247.306 is hereby amended to read as follows:
49-16 247.306 1. If a county recorder imposes an additional fee
49-17 pursuant to subsection 2 of NRS 247.305, the proceeds collected
49-18 from such a fee must be accounted for separately in the county
49-19 general fund. Any interest earned on money in the account, after
49-20 deducting any applicable charges, must be credited to the account.
49-21 Money that remains in the account at the end of a fiscal year does
49-22 not revert to the county general fund, and the balance in the account
49-23 must be carried forward to the next fiscal year.
49-24 2. The money in the account must be used only to acquire
49-25 technology for or improve the technology used in the office of the
49-26 county recorder and, at his discretion, may be used by other
49-27 county offices that do business with the county recorder, including,
49-28 without limitation, costs related to acquiring or improving
49-29 technology for converting and archiving records, purchasing
49-30 hardware and software, maintaining the technology, training
49-31 employees in the operation of the technology and contracting for
49-32 professional services relating to the technology.
49-33 3. The county recorder shall submit an annual report to the
49-34 board of county commissioners of the county which contains:
49-35 (a) An estimate of the proceeds that the county recorder will
49-36 collect from the additional fee imposed pursuant to subsection 2 of
49-37 NRS 247.305 in the following fiscal year; and
49-38 (b) A proposal for expenditures of the proceeds from the
49-39 additional fee imposed pursuant to subsection 2 of NRS 247.305 for
49-40 the costs related to the technology required for the office of the
49-41 county recorder for the following fiscal year.
49-42 Sec. 50. Chapter 268 of NRS is hereby amended by adding
49-43 thereto a new section to read as follows:
49-44 1. A county assessor may request that the governing body of a
49-45 city realign one or more of the boundary lines between the city and
50-1 the unincorporated area of the county or between two cities to
50-2 adjust a boundary that bisects a parcel of land causing the
50-3 creation of more than one tax parcel from a single legal parcel.
50-4 Notwithstanding any other provision of law, the governing body
50-5 may, by ordinance or other appropriate legal action, with the
50-6 consent of the board of county commissioners or the governing
50-7 body of the other city, respectively, adjust the boundary to exclude
50-8 the portion of the split parcel from the city.
50-9 2. Where any territory is detached from a city as provided in
50-10 this section, provision must be made for such proportion of any
50-11 outstanding general obligations of the city as the assessed
50-12 valuation of property in the territory bears to the total assessed
50-13 valuation of property in the city and for such proportion of any
50-14 obligations secured by the pledge of revenues from a public
50-15 improvement as the revenue arising within the territory bears to
50-16 the total revenue from such improvement as follows:
50-17 (a) If the territory is included in another city, the proportionate
50-18 obligation must be assumed according to its terms by the annexing
50-19 city;
50-20 (b) If the territory is included in the unincorporated area of
50-21 the county, taxes must be levied by the board of county
50-22 commissioners upon all taxable property in the district, sufficient
50-23 to discharge the proportionate share of the debt for the general
50-24 obligation according to its terms; or
50-25 (c) Where substantially all of the physical improvements for
50-26 which the obligation was incurred are within the territory
50-27 remaining in the city, with the consent of the governing body of
50-28 the city from which such territory is detached and of the holders of
50-29 such obligations, the entire obligation may be assumed by the city
50-30 from which such territory is detached and the detached territory
50-31 released therefrom.
50-32 Sec. 51. NRS 268.570 is hereby amended to read as follows:
50-33 268.570 The provisions of NRS 268.570 to 268.608, inclusive,
50-34 and section 50 of this act, apply only to cities located in a county
50-35 whose population is 400,000 or more.
50-36 Sec. 52. NRS 268.574 is hereby amended to read as follows:
50-37 268.574 As used in NRS 268.570 to 268.608, inclusive[:] ,
50-38 and section 50 of this act:
50-39 1. “Contiguous” means either abutting directly on the boundary
50-40 of the annexing municipality or separated from the boundary thereof
50-41 by a street, alley, public right-of-way, creek, river or the right-of-
50-42 way of a railroad or other public service corporation, or by lands
50-43 owned by the annexing municipality, by some other political
50-44 subdivision of the State or by the State of Nevada.
51-1 2. “Lot or parcel” means any tract of land of sufficient size to
51-2 constitute a legal building lot as determined by the zoning ordinance
51-3 of the county in which the territory proposed to be annexed is
51-4 situated. If such county has not enacted a zoning ordinance, the
51-5 question of what constitutes a building lot shall be determined by
51-6 reference to the zoning ordinance of the annexing municipality.
51-7 3. “Majority of the property owners” in a territory means the
51-8 record owners of real property:
51-9 (a) Whose combined value is greater than 50 percent of the total
51-10 value of real property in the territory, as determined by assessment
51-11 for taxation; and
51-12 (b) Whose combined area is greater than 50 percent of the total
51-13 area of the territory, excluding lands held by public bodies.
51-14 4. A lot or parcel of land is “used for residential purposes” if it
51-15 is 5 acres or less in area and contains a habitable dwelling unit of a
51-16 permanent nature.
51-17 Sec. 53. NRS 268.600 is hereby amended to read as follows:
51-18 268.600 1. Whenever the corporate limits of any city are
51-19 extended in accordance with the provisions of NRS 268.570 to
51-20 268.608, inclusive, the governing body of such city shall cause an
51-21 accurate map or plat of the annexed territory, prepared under the
51-22 supervision of a competent surveyor or engineer, together with a
51-23 certified copy of the annexation ordinance in respect thereof, to be
51-24 recorded in the office of the county recorder of the county in which
51-25 such territory is situated, which recording shall be done prior to the
51-26 effective date of the annexation as specified in the annexation
51-27 ordinance. A duplicate copy of such map or plat and such
51-28 annexation ordinance shall be filed with the Department of
51-29 Taxation.
51-30 2. A county recorder who records a map or plat pursuant to this
51-31 section shall, within 7 working days after he records the map or plat,
51-32 provide to the county assessor at no charge:
51-33 (a) A duplicate copy of the map or plat and any supporting
51-34 documents; or
51-35 (b) Access to the digital map or plat and any digital supporting
51-36 documents. The map or plat and the supporting documents must
51-37 be compatible with the information technology used by the county
51-38 assessor.
51-39 Sec. 54. NRS 268.785 is hereby amended to read as follows:
51-40 268.785 1. After creation of the district, the council shall
51-41 annually ascertain and include in its budget the total amount of
51-42 money to be derived from assessments required to provide the
51-43 higher level of police protection found beneficial to the public
51-44 interest for the next ensuing fiscal year.
52-1 2. The city council shall designate an existing citizens’ group
52-2 within the area or create an advisory committee, to recommend to
52-3 the council any appropriate changes in the level or kind of additional
52-4 police protection to be provided in the district. The council shall
52-5 consider these recommendations, and any others that may be offered
52-6 by interested persons, at a public hearing before adopting its annual
52-7 budget for the district.
52-8 3. The total amount of money to be derived from assessments
52-9 for the next ensuing fiscal year must be apportioned among the
52-10 individual property owners in the district based upon the relative
52-11 special benefit received by each property using an apportionment
52-12 method approved by the city council. On or before April 20 of each
52-13 year, a notice specifying the proposed amount of the assessment for
52-14 the next ensuing fiscal year must be mailed to each property owner.
52-15 The city council shall hold a public hearing concerning the
52-16 assessments at the same time and place as the hearing on the
52-17 tentative budget. The city council shall levy the assessments after
52-18 the hearing but not later than June 1. The assessments so levied must
52-19 be paid in installments on or before the dates specified for
52-20 installments paid pursuant to subsection [5] 6 of NRS 361.483. Any
52-21 installment payment that is not paid on or before the date on which
52-22 it is due, together with any interest or penalty and the cost of
52-23 collecting any such amounts, is a lien upon the property upon which
52-24 it is levied equal in priority to a lien for general taxes and may be
52-25 collected in the same manner.
52-26 4. A district is not entitled to receive any distribution of
52-27 supplemental city-county relief tax.
52-28 Sec. 55. NRS 268.795 is hereby amended to read as follows:
52-29 268.795 1. After creation of the district, the council shall
52-30 annually ascertain and include in its budget the total amount of
52-31 money to be derived from assessments required to provide the
52-32 maintenance found beneficial to the public interest for the next
52-33 ensuing fiscal year.
52-34 2. The city council shall designate an existing citizens’ group
52-35 within the area or create an advisory committee, to recommend to
52-36 the council any appropriate changes in the level or kind of
52-37 maintenance to be provided in the district. The council shall
52-38 consider these recommendations, and any others that may be offered
52-39 by interested persons, at a public hearing before adopting its annual
52-40 budget for the district.
52-41 3. The total amount of money to be derived from assessments
52-42 for the next ensuing fiscal year must be apportioned among the
52-43 individual property owners in the district based upon the relative
52-44 special benefit received by each property using an apportionment
52-45 method approved by the city council. On or before April 20 of each
53-1 year, a notice specifying the proposed amount of the assessment for
53-2 the next ensuing fiscal year must be mailed to each property owner.
53-3 The city council shall hold a public hearing concerning the
53-4 assessments at the same time and place as the hearing on the
53-5 tentative budget. The city council shall levy the assessments after
53-6 the hearing but not later than June 1. The assessments so levied must
53-7 be paid in installments on or before the dates specified for
53-8 installments paid pursuant to subsection [5] 6 of NRS 361.483. Any
53-9 installment payment that is not paid on or before the date on which
53-10 it is due, together with any interest or penalty and the cost of
53-11 collecting any such amounts, is a lien upon the property upon which
53-12 it is levied equal in priority to a lien for general taxes and may be
53-13 collected in the same manner.
53-14 4. A district is not entitled to receive any distribution of
53-15 supplemental city-county relief tax.
53-16 Sec. 56. NRS 270.090 is hereby amended to read as follows:
53-17 270.090 1. The findings of fact and conclusions of law and
53-18 judgment must be made and entered as in other cases, and
53-19 exceptions, motions for new trial and appeals may be had as
53-20 provided in NRS and the Nevada Rules of Appellate Procedure.
53-21 2. The court or judge thereof shall in the findings and decree
53-22 establish a definite map or plat of the city, or part thereof or addition
53-23 thereto, in accordance with the pleadings and proof, and shall, by
53-24 reference, make a part of the findings and judgment the map or plat
53-25 so established.
53-26 3. Wherever blocks or parts of blocks in the original lost,
53-27 destroyed, conflicting, erroneous or faulty maps or plats have been
53-28 insufficiently or incorrectly platted, numbered or lettered, the
53-29 omission, insufficiency or fault must be supplied and corrected in
53-30 accordance with the pleadings and proof.
53-31 4. If the map or plat prepared by the surveyor is inadequate or
53-32 impracticable of use for the judgment, the judgment or decree may
53-33 require the making of a new map or plat in accordance with the
53-34 provisions of the findings and judgment.
53-35 5. A certified copy of the judgment, together with the map or
53-36 plat as is established by the court, must be recorded in the office of
53-37 the county recorder of the county in which the action is tried. All the
53-38 ties and descriptions of section or quarter section corners,
53-39 monuments or marks required by NRS 270.020 must appear on the
53-40 map finally established by the judgment. The county recorder may
53-41 collect and receive as his fees for recording and indexing the
53-42 certified copy of the judgment and map, $10 for the map, and the
53-43 specific statutory fees for the judgment, but not exceeding $50.
53-44 6. The judgment may require that all prior existing maps in
53-45 conflict with the map or plat adopted be so marked or identified by
54-1 the county recorder to show the substitution of the new map or plat
54-2 in place thereof.
54-3 7. A county recorder who records a map or plat pursuant to this
54-4 section shall, within 7 working days after he records the map or plat,
54-5 provide to the county assessor at no charge:
54-6 (a) A duplicate copy of the map or plat and any supporting
54-7 documents; or
54-8 (b) Access to the digital map or plat and any digital supporting
54-9 documents. The map or plat and the supporting documents must
54-10 be compatible with the information technology used by the county
54-11 assessor.
54-12 Sec. 57. NRS 278.460 is hereby amended to read as follows:
54-13 278.460 1. A county recorder shall not record any final map
54-14 unless the map:
54-15 (a) Contains or is accompanied by the report of a title company
54-16 and all the certificates of approval, conveyance and consent required
54-17 by the provisions of NRS 278.374 to 278.378, inclusive, and by the
54-18 provisions of any local ordinance; and
54-19 (b) Is accompanied by a written statement signed by the
54-20 treasurer of the county in which the land to be divided is located
54-21 indicating that all property taxes on the land for the fiscal year have
54-22 been paid and that the full amount of any deferred property taxes for
54-23 the conversion of the property from agricultural use has been paid
54-24 pursuant to NRS 361A.265.
54-25 2. The provisions of NRS 278.010 to 278.630, inclusive, do not
54-26 prevent the recording, pursuant to the provisions of NRS 278.010 to
54-27 278.630, inclusive, and any applicable local ordinances, of a map of
54-28 any land which is not a subdivision, nor do NRS 278.010 to
54-29 278.630, inclusive, prohibit the recording of a map in accordance
54-30 with the provisions of any statute requiring the recording of
54-31 professional land surveyor’s records of surveys.
54-32 3. A county recorder shall accept or refuse a final map for
54-33 recordation within 10 days after its delivery to him.
54-34 4. A county recorder who records a final map pursuant to this
54-35 section shall, within 7 working days after he records the final map,
54-36 provide to the county assessor at no charge:
54-37 (a) A duplicate copy of the final map and any supporting
54-38 documents; or
54-39 (b) Access to the digital final map and any digital supporting
54-40 documents. The map and supporting documents must be
54-41 compatible with the information technology used by the county
54-42 assessor.
55-1 Sec. 58. NRS 278.467 is hereby amended to read as follows:
55-2 278.467 1. If the requirement for a parcel map is waived, the
55-3 authority which granted the waiver may require the preparation and
55-4 recordation of a document which contains:
55-5 (a) A legal description of all parts based on a system of
55-6 rectangular surveys;
55-7 (b) A provision for the dedication or reservation of any road
55-8 right-of-way or easement; and
55-9 (c) The approval of the authority which granted the waiver.
55-10 2. If a description by metes and bounds is necessary in
55-11 describing the parcel division, it must be prepared by a professional
55-12 land surveyor and bear his signature and stamp.
55-13 3. The person preparing the document may include the
55-14 following statement:
55-15 This document was prepared from existing information
55-16 (identifying it and stating where filed and recorded) and the
55-17 undersigned assumes no responsibility for the existence of
55-18 monuments or correctness of other information shown on or
55-19 copied from any such prior documents.
55-20 4. A document recorded pursuant to this section must be
55-21 accompanied by a written statement signed by the treasurer of the
55-22 county in which the land to be divided is located indicating that all
55-23 property taxes on the land for the fiscal year have been paid.
55-24 5. A county recorder who records a document pursuant to this
55-25 section shall, within 7 working days after he records the document,
55-26 provide to the county assessor at no charge:
55-27 (a) A duplicate copy of the document; or
55-28 (b) Access to the digital document. The document must be
55-29 compatible with the information technology used by the county
55-30 assessor.
55-31 Sec. 59. NRS 278.468 is hereby amended to read as follows:
55-32 278.468 1. If a parcel map is approved or deemed approved
55-33 pursuant to NRS 278.464, the preparer of the map shall:
55-34 (a) Cause the approved map to be recorded in the office of the
55-35 county recorder within 1 year after the date the map was approved
55-36 or deemed approved, unless the governing body establishes by
55-37 ordinance a longer period, not to exceed 2 years, for recording the
55-38 map. The map must be accompanied by a written statement signed
55-39 by the treasurer of the county in which the land to be divided is
55-40 located indicating that all property taxes on the land for the fiscal
55-41 year have been paid.
55-42 (b) Pay a fee of $17 for the first sheet of the map plus $10 for
55-43 each additional sheet to the county recorder for filing and indexing.
56-1 2. Upon receipt of a parcel map, the county recorder shall file
56-2 the map in a suitable place. He shall keep proper indexes of parcel
56-3 maps by the name of grant, tract, subdivision or United States
56-4 subdivision.
56-5 3. A county recorder who records a parcel map pursuant to this
56-6 section shall, within 7 working days after he records the parcel map,
56-7 provide to the county assessor at no charge:
56-8 (a) A duplicate copy of the parcel map and any supporting
56-9 documents; or
56-10 (b) Access to the digital parcel map and any digital supporting
56-11 documents. The map and supporting documents must be
56-12 compatible with the information technology used by the county
56-13 assessor.
56-14 Sec. 60. NRS 278.4725 is hereby amended to read as follows:
56-15 278.4725 1. Except as otherwise provided in this section, if
56-16 the governing body has authorized the planning commission to take
56-17 final action on a final map, the planning commission shall approve,
56-18 conditionally approve or disapprove the final map, basing its action
56-19 upon the requirements of NRS 278.472:
56-20 (a) In a county whose population is 400,000 or more, within 45
56-21 days; or
56-22 (b) In a county whose population is less than 400,000, within 60
56-23 days,
56-24 after accepting the final map as a complete application. The
56-25 planning commission shall file its written decision with the
56-26 governing body. Except as otherwise provided in subsection 5, or
56-27 unless the time is extended by mutual agreement, if the planning
56-28 commission is authorized to take final action and it fails to take
56-29 action within the period specified in this subsection, the final map
56-30 shall be deemed approved unconditionally.
56-31 2. If there is no planning commission or if the governing body
56-32 has not authorized the planning commission to take final action, the
56-33 governing body or its authorized representative shall approve,
56-34 conditionally approve or disapprove the final map, basing its action
56-35 upon the requirements of NRS 278.472:
56-36 (a) In a county whose population is 400,000 or more, within 45
56-37 days; or
56-38 (b) In a county whose population is less than 400,000, within 60
56-39 days,
56-40 after the final map is accepted as a complete application. Except as
56-41 otherwise provided in subsection 5 or unless the time is extended by
56-42 mutual agreement, if the governing body or its authorized
56-43 representative fails to take action within the period specified in this
56-44 subsection, the final map shall be deemed approved unconditionally.
57-1 3. An applicant or other person aggrieved by a decision of the
57-2 authorized representative of the governing body or by a final act of
57-3 the planning commission may appeal the decision in accordance
57-4 with the ordinance adopted pursuant to NRS 278.3195.
57-5 4. If the map is disapproved, the governing body or its
57-6 authorized representative or the planning commission shall return
57-7 the map to the person who proposes to divide the land, with the
57-8 reason for its action and a statement of the changes necessary to
57-9 render the map acceptable.
57-10 5. If the final map divides the land into 16 lots or more, the
57-11 governing body or its authorized representative or the planning
57-12 commission shall not approve a map, and a map shall not be deemed
57-13 approved, unless:
57-14 (a) Each lot contains an access road that is suitable for use by
57-15 emergency vehicles; and
57-16 (b) The corners of each lot are set by a professional land
57-17 surveyor.
57-18 6. If the final map divides the land into 15 lots or less, the
57-19 governing body or its authorized representative or the planning
57-20 commission may, if reasonably necessary, require the map to
57-21 comply with the provisions of subsection 5.
57-22 7. Upon approval, the map must be filed with the county
57-23 recorder. Filing with the county recorder operates as a continuing:
57-24 (a) Offer to dedicate for public roads the areas shown as
57-25 proposed roads or easements of access, which the governing body
57-26 may accept in whole or in part at any time or from time to time.
57-27 (b) Offer to grant the easements shown for public utilities,
57-28 which any public utility may similarly accept without excluding any
57-29 other public utility whose presence is physically compatible.
57-30 8. The map filed with the county recorder must include:
57-31 (a) A certificate signed and acknowledged by each owner of
57-32 land to be divided consenting to the preparation of the map, the
57-33 dedication of the roads and the granting of the easements.
57-34 (b) A certificate signed by the clerk of the governing body or
57-35 authorized representative of the governing body or the secretary to
57-36 the planning commission that the map was approved, or the affidavit
57-37 of the person presenting the map for filing that the time limited by
57-38 subsection 1 or 2 for action by the governing body or its authorized
57-39 representative or the planning commission has expired and that the
57-40 requirements of subsection 5 have been met. A certificate signed
57-41 pursuant to this paragraph must also indicate, if applicable, that the
57-42 governing body or planning commission determined that a public
57-43 street, easement or utility easement which will not remain in effect
57-44 after a merger and resubdivision of parcels conducted pursuant to
58-1 NRS 278.4925, has been vacated or abandoned in accordance with
58-2 NRS 278.480.
58-3 (c) A written statement signed by the treasurer of the county in
58-4 which the land to be divided is located indicating that all property
58-5 taxes on the land for the fiscal year have been paid.
58-6 9. A governing body may by local ordinance require a final
58-7 map to include:
58-8 (a) A report from a title company which lists the names of:
58-9 (1) Each owner of record of the land to be divided; and
58-10 (2) Each holder of record of a security interest in the land to
58-11 be divided, if the security interest was created by a mortgage or a
58-12 deed of trust.
58-13 (b) The signature of each owner of record of the land to be
58-14 divided.
58-15 (c) The written consent of each holder of record of a security
58-16 interest listed pursuant to subparagraph (2) of paragraph (a), to the
58-17 preparation and recordation of the final map. A holder of record
58-18 may consent by signing:
58-19 (1) The final map; or
58-20 (2) A separate document that is filed with the final map and
58-21 declares his consent to the division of land.
58-22 10. After a map has been filed with the county recorder, any lot
58-23 shown thereon may be conveyed by reference to the map, without
58-24 further description.
58-25 11. The county recorder shall charge and collect for recording
58-26 the map a fee set by the board of county commissioners of not more
58-27 than $50 for the first sheet of the map plus $10 for each additional
58-28 sheet.
58-29 12. A county recorder who records a final map pursuant to this
58-30 section shall, within 7 working days after he records the final map,
58-31 provide to the county assessor at no charge:
58-32 (a) A duplicate copy of the final map and any supporting
58-33 documents; or
58-34 (b) Access to the digital final map and any digital supporting
58-35 documents. The map and supporting documents must be
58-36 compatible with the information technology used by the county
58-37 assessor.
58-38 Sec. 61. NRS 278.477 is hereby amended to read as follows:
58-39 278.477 1. In addition to the requirements of subsection 2, an
58-40 amendment of a recorded subdivision plat, parcel map, map of
58-41 division into large parcels or record of survey which changes or
58-42 purports to change the physical location of any survey monument,
58-43 property line or boundary line is subject to the following
58-44 requirements:
59-1 (a) If the proposed amendment is to a parcel map, map of
59-2 division into large parcels or record of survey, the same procedures
59-3 and requirements as in the original filing.
59-4 (b) If the proposed amendment is to a subdivision plat, only
59-5 those procedures for the approval and filing of a final map.
59-6 2. Any amended subdivision plat, parcel map, map of division
59-7 into large parcels or record of survey required pursuant to
59-8 subsection 1 must:
59-9 (a) Be identical in size and scale to the document being
59-10 amended, drawn in the manner and on the material provided by law;
59-11 (b) Have the words “Amended Plat of” prominently displayed
59-12 on each sheet above the title of the document amended;
59-13 (c) Have a legal description that describes only the property
59-14 which is to be included in the amendment;
59-15 (d) Have a blank margin for the county recorder’s index
59-16 information;
59-17 [(d)] (e) Have a 3-inch square adjacent to and on the left side of
59-18 the existing square for the county recorder’s information and stamp;
59-19 and
59-20 [(e)] (f) Contain a certificate of the professional land surveyor
59-21 licensed pursuant to chapter 625 of NRS who prepared the
59-22 amendment stating that it complies with all pertinent sections of
59-23 NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380,
59-24 inclusive, and with any applicable local ordinance.
59-25 3. Any amended subdivision plat, parcel map, map of division
59-26 into large parcels or record of survey that is recorded in support of
59-27 an adjusted boundary must:
59-28 (a) Contain or be accompanied by the report of a title company
59-29 and the certificate required by NRS 278.374 or an order of the
59-30 district court of the county in which the land is located that the
59-31 amendment may be approved without all the necessary signatures if
59-32 the order is based upon a finding that:
59-33 (1) A bona fide effort was made to notify the necessary
59-34 persons;
59-35 (2) All persons who responded to the notice have consented
59-36 to the amendment; and
59-37 (3) The amendment does not adversely affect the persons
59-38 who did not respond; and
59-39 (b) Contain a certificate executed by the appropriate county
59-40 surveyor, county engineer, city surveyor or city engineer, if he is
59-41 registered as a professional land surveyor or civil engineer pursuant
59-42 to chapter 625 of NRS, stating that he has examined the document
59-43 and that it is technically correct.
59-44 4. Upon recording the amended document, the county recorder
59-45 shall cause a proper notation to be entered upon all recorded sheets
60-1 of the document being amended, if the county recorder does not
60-2 maintain a cumulative index for such maps and amendments. If such
60-3 an index is maintained, the county recorder shall direct an
60-4 appropriate entry for the amendment.
60-5 5. A county recorder who records a plat, map or record of
60-6 survey pursuant to this section shall, within 7 working days after he
60-7 records the plat, map or record of survey, provide to the county
60-8 assessor at no charge:
60-9 (a) A duplicate copy of the plat, map or record of survey, and
60-10 any supporting documents; or
60-11 (b) Access to the digital plat, map or record of survey, and any
60-12 digital supporting documents. The plat, map or record of survey
60-13 and the supporting documents must be compatible with the
60-14 information technology used by the county assessor.
60-15 Sec. 62. NRS 278.490 is hereby amended to read as follows:
60-16 278.490 1. Except as otherwise provided in NRS 278.4925,
60-17 an owner or governing body desiring to revert any recorded
60-18 subdivision map, parcel map, map of division into large parcels, or
60-19 part thereof to acreage or to revert the map or portion thereof, or to
60-20 revert more than one map [recorded under the same tentative map] if
60-21 the parcels to be reverted are contiguous, shall submit a written
60-22 application accompanied by a map of the proposed reversion which
60-23 contains the same survey dimensions as the recorded map or maps
60-24 to the governing body or, if authorized by local ordinance, to the
60-25 planning commission or other authorized person. The application
60-26 must describe the requested changes.
60-27 2. At its next meeting, or within a period of not more than 30
60-28 days after the filing of the map of reversion, whichever occurs later,
60-29 the governing body or, if authorized by local ordinance, the
60-30 planning commission or other authorized person shall review the
60-31 map and approve, conditionally approve or disapprove it.
60-32 3. Except for the provisions of this section, NRS 278.4955,
60-33 278.496 and 278.4965 and any provision or local ordinance relating
60-34 to the payment of fees in conjunction with filing, recordation or
60-35 checking of a map of the kind offered, no other provision of NRS
60-36 278.010 to 278.630, inclusive, applies to a map made solely for the
60-37 purpose of reversion of a former map or for reversion of any
60-38 division of land to acreage.
60-39 4. Upon approval of the map of reversion, it must be recorded
60-40 in the office of the county recorder. The county recorder shall make
60-41 a written notation of the fact on each sheet of the previously
60-42 recorded map affected by the later recording, if the county recorder
60-43 does not maintain a cumulative index for such maps and
60-44 amendments. If such an index is maintained, the county recorder
60-45 shall direct an appropriate entry for the amendment.
61-1 5. A county recorder who records a map pursuant to this
61-2 section shall, within 7 working days after he records the map,
61-3 provide to the county assessor at no charge:
61-4 (a) A duplicate copy of the map and any supporting documents;
61-5 or
61-6 (b) Access to the digital map and any digital supporting
61-7 documents. The map and supporting documents must be
61-8 compatible with the information technology used by the county
61-9 assessor.
61-10 Sec. 63. NRS 278.4955 is hereby amended to read as follows:
61-11 278.4955 1. The map of reversion submitted pursuant to NRS
61-12 278.490 must contain the appropriate certificates required by NRS
61-13 278.376 and 278.377 for the original division of the land, any
61-14 agreement entered into for a required improvement pursuant to NRS
61-15 278.380 for the original division of the land, and the certificates
61-16 required by NRS 278.496 and 278.4965. If the map includes the
61-17 reversion of any street or easement owned by a city, a county or the
61-18 State, the provisions of NRS 278.480 must be followed before
61-19 approval of the map.
61-20 2. The final map of reversion must [be:
61-21 (a) Prepared] :
61-22 (a) Be prepared by a professional land surveyor licensed
61-23 pursuant to chapter 625 of NRS. The professional land surveyor
61-24 shall state in his certificate that the map has been prepared from
61-25 information on a recorded map or maps that are being reverted. The
61-26 professional land surveyor may state in his certificate that he
61-27 assumes no responsibility for the existence of the monuments or for
61-28 correctness of other information shown on or copied from the
61-29 document. The professional land surveyor shall include in his
61-30 certificate information which is sufficient to identify clearly the
61-31 recorded map or maps being reverted.
61-32 (b) [Clearly] Be clearly and legibly drawn in black permanent
61-33 ink upon good tracing cloth or produced by the use of other
61-34 materials of a permanent nature generally used for such a purpose in
61-35 the engineering profession. Affidavits, certificates and
61-36 acknowledgments must be legibly stamped or printed upon the map
61-37 with black permanent ink.
61-38 3. The size of each sheet of the final map must be 24 by 32
61-39 inches. A marginal line must be drawn completely around each
61-40 sheet, leaving an entirely blank margin of 1 inch at the top, bottom
61-41 and right edges, and of 2 inches at the left edge along the 24-inch
61-42 dimension.
61-43 4. The scale of the final map must be large enough to show all
61-44 details clearly and enough sheets must be used to accomplish this
61-45 end.
62-1 5. The particular number of the sheet and the total number of
62-2 sheets comprising the final map must be stated on each of the sheets
62-3 and its relation to each adjoining sheet must be clearly shown.
62-4 6. Each future conveyance of the reverted property must
62-5 contain a metes and bounds legal description of the property and
62-6 must include the name and mailing address of the person who
62-7 prepared the legal description.
62-8 Sec. 64. NRS 502.075 is hereby amended to read as follows:
62-9 502.075 The Division shall issue to a blind person, as defined
62-10 in subsection [4] 5 of NRS 361.085, a hunting license which:
62-11 1. Authorizes a person selected by the blind person to hunt on
62-12 his behalf if:
62-13 (a) The person selected is a resident of the State of Nevada and
62-14 possesses a valid Nevada hunting license; and
62-15 (b) The blind person is in the company of or in the immediate
62-16 area of the person selected.
62-17 2. Is issued pursuant and subject to regulations prescribed by
62-18 the Commission.
62-19 3. Contains the word “Blind” printed on the face of the license.
62-20 Sec. 65. NRS 517.213 is hereby amended to read as follows:
62-21 517.213 1. The county recorder shall include all patented
62-22 mines and mining claims in the county on the county map of mining
62-23 claims in a manner which clearly distinguishes the patented mines
62-24 and mining claims from the unpatented claims.
62-25 2. When a record of survey filed with the county by a
62-26 registered surveyor shows the location of a patented mine or mining
62-27 claim, the county recorder shall conform the county map to the
62-28 record of survey if there is any discrepancy between the two maps
62-29 concerning the location of the mine or claim.
62-30 3. A county recorder who records a map pursuant to this
62-31 section shall, within 7 working days after he records the map,
62-32 provide to the county assessor at no charge:
62-33 (a) A duplicate copy of the map and any supporting documents;
62-34 or
62-35 (b) Access to the digital map and any digital supporting
62-36 documents. The map and supporting documents must be
62-37 compatible with the information technology used by the county
62-38 assessor.
62-39 Sec. 66. NRS 625.370 is hereby amended to read as follows:
62-40 625.370 1. The charge for filing and indexing any record of
62-41 survey is $17 for the first page plus $10 for each additional page.
62-42 2. The record of survey must be suitably filed by the county
62-43 recorder, and he shall keep proper indexes of such survey records by
62-44 name of tract, subdivision or United States land subdivision.
63-1 3. A county recorder who records a record of survey pursuant
63-2 to this section shall, within 7 working days after he records the
63-3 record of survey, provide to the county assessor at no charge:
63-4 (a) A duplicate copy of the record of survey and supporting
63-5 documents; or
63-6 (b) Access to the digital record of survey and any digital
63-7 supporting documents. The record of survey and supporting
63-8 documents must be compatible with the information technology
63-9 used by the county assessor.
63-10 Sec. 67. 1. This section and sections 1 to 7, inclusive, 9, 11,
63-11 13 to 41, inclusive, 43, 45 and 47 to 66, inclusive, of this act
63-12 become effective on July 1, 2003.
63-13 2. Sections 7, 9, 11, 41, 43 and 45 of this act expire by
63-14 limitation on June 30, 2004.
63-15 3. Sections 8, 10, 12, 42, 44 and 46 of this act become effective
63-16 on July 1, 2004.
63-17 H