SB 3 — Revises provisions governing governmental financial administration. (BDR 32-10)
Last action — Approved by the Governor. Chapter 4.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced July 09, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to governmental financial administration; temporarily accelerating the collection of a portion of the tax upon the net proceeds of minerals; temporarily requiring persons who extract minerals to pay a portion of the tax on the net proceeds of the estimated royalties that will be paid for certain years; temporarily altering the allocation of a portion of the proceeds of the basic governmental services tax; requiring the Department of Taxation to allow for the payment of delinquent taxes, fees or assessments without a penalty for a limited period in certain circumstances; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
379 added · 413 removed379 line(s) added, 413 removed.
(ReprintedSenate withBill amendmentsNo. adopted on July 15, 2020) FIRST REPRINT S.B.
33–Committee SENATEof Bthe ILLNWhole O.CHAPTER..........
3–COMMITTEE OF THE W HOLE JULY 9, 2020 ____________ Referred to Committee of the Whole SUMMARY—Revises provisions governing governmental financial administration.
(BDR 32-10) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law provides for the taxation of the net proceeds of minerals based upon the actual net proceeds from the preceding calendar year.
(NRS 362.100-362.240)362.100-362.240)d upon ExistinglawrequiresthepersonextractinganymineralinthisStatetofileastatement which shows the estimated gross yield and estimated net proceeds from each operation for the current calendar year and an estimate of all royalties that will be paid during the current calendar year.
(NRS 362.115) Sections 2 and 3 of this bill be temporarily require advance payment of the portion of the tax that is distributed to the State General Fund, based upon the estimated net proceeds and royalties for the current calendar year.
Section 12 of this bill provides that the collection of the tax on net proceeds ofbeginning minerals reverts back to the former method of collection on actual tax on the net proceeds of minerals imposed for calendar year 2023 will be paid in advance during fiscal year 2023, section 8 of this bill enacts transitory provisions governing the duties of the Department of Taxation for fiscal year 2024.
ExistingHowever, lawbecause imposes a basicportion of theal tax foron governmentalthe servicesnet proceeds of minerals imposed for thecalendar privilegeyear of2023 operatingwill anybe vehiclepaid uponin theadvance publicduring highwaysfiscal ofyear this2023, State,section which8 isof collectedthis bybill -enacts *SB3_R1*transitory –provisions 2governing –the duties of the Department of MotorTaxation Vehicles.for fiscal year 2024.
(NRS 371.030, 482.260) Existing law setsimposes fortha depreciationbasic schedulestax for determininggovernmental services for the valuationprivilege of aoperating any vehicle thatupon isthe usedpublic tohighways calculateof thethis amountState, ofwhich governmentalis servicescollected taxesby duethe eachDepartment yearof forMotor usedVehicles. vehicles.
increased(NRS the371.030, amount482.260) ofExisting governmentallaw servicessets taxesforth duecalculate annually for used vehicles by reducing the amount of depreciationgovernmental allowedservices andtaxes increasingdue theeach minimumyear tax.for used vehicles.
(NRS 371.060) Senate Bill No.
429 of the 2009 Legislative Session (S.B.
429) increased the amount of governmental services taxes due annually for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax.
(NRS 482.182) Sections 5.5 and 6 of thesethis proceedsbill betemporarily transferredrequire the Department to direct that the Stateentire Generalamount Fund.billlimitthischangetogovernmentalservicestaxescollectedforaregistrationperiod of this beginning on or after July 1, 2020, and ending on or before June 30, 2021.
SectionsSection 910 andof 12this bill requires the Department of thistTaxation billlimitthischangetogovernmentalservicestaxescollectedforaregistrationperiodto beginningestablish onan amnesty program pursuant to which a person who is delinquent in the payment of a tax, fee or afterassessment Julymay 1,pay 2020,the andamount endingdue onwithout any penalty or beforeinterest Junein 30,certain 2021.circumstances.
Section- 1031st ofSpecial thisSession bill(2020) requires– the2 Department– ofEXPLANATION Taxation– toMatter establishin anbolded amnestyitalics program pursuant to which a person who is delinquentnew; in the payment of a certain circumstances.
maymatter paybetween thebrackets amount[omitted duematerial] withoutis anymaterial penaltyto orbe interestomitted. in THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
In addition to the statement required by subsection 1 of NRS 362.110, each person extracting any mineral in this State [shall,] :
(a) Shall, on or before March 1 of each year, file with the Department a statement showing the estimated gross yield and estimated net proceeds fromeachsuch operationfor theentirecurrent calendar year and an estimate of all royalties that will be paid during the current calendar year [.] and shall pay a portion of the tax upon the net proceeds and upon the royalties so estimated in an amount equaltotheestimatednetproceedsandroyaltiesmultipliedbya rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada.
The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the - *SB3_R1* – 3 – quarterly reports and the original estimate supplied pursuant to paragraph (a).
(a) Use the statement filed pursuant to subsection 1 [only] to prepare estimates for use by local governments in the preparation of their budgets;
and (b)- Submit31st thoseSpecial estimatesSession (2020) – 3 – March 15 of each year.timates to the local governments on or before MarchSec. 15 of each year.
Sec.
3.must be paid on or before May 10 of the year in which the certificate is received.
The tax due as indicated in the certificate and any penalty must be paid on or before May 10 of the year in which the certificate is received.
If the amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is less than 90 percent of the amount certified pursuant to this section as the net proceeds of any minerals extracted and royalties paid during the prior calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the Stateof Nevada, the amount duemust include a penalty of 10 percent of the amount by which that portion of the tax was underpaid unless:
(a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is equal to or greater than the liability of the operation for the preceding calendar year for the portion of the tax that is equal to the net proceeds of any - *SB3_R1* – 4 – minerals extracted and royalties paid during that calendar year any multipliedby arateequaltotherateasdetermined pursuanttoNRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada;
or (b) The person files quarterly reports pursuant to paragraph (b) of subsection 1 of NRS 362.115 in a timely manner for that year and the total of all payments exceeds 90 percent of the amount certified as the net proceeds of any minerals extracted and royalties paid- during31st theSpecial priorSession calendar(2020) year– multiplied4 by– a rate equal to the rate as determined pursuant to NRS 362.140 minus the combinedcombinedl to the rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada.
If an overpayment was made on the portion of the tax upon the net proceeds and royalties equal to the net proceeds and the royalties multiplied by the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the overpayment must be credited toward the payment due on May 10 of the next calendar year.certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must, after being credited against any amount then due from the taxpayer in accordance with NRS 360.236, be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
IfSections the4 certificateand shows5. a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must, after being credited against any amount then due from the taxpayer in accordance with NRS 360.236, be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.
Sec.
4.
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5.
(Deleted by amendment.) Sec.
Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund [and the State Highway Fund] pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding - *SB3_R1* – 5 – month, and that money must be distributed monthly as provided ining this section.
For the - 31st Special Session (2020) – 5 – purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’sdebtservice,istherateestablishedpursuanttoNRS361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributabletoa district’sdebtserviceinanyfiscal yearis greaterthan its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.
(b)NRS “Local360.640.l government” has the meaning ascribed to it in NRS(c) 360.640.“Received or collected for each county” means:
(c) “Received or collected for each county” means:
5.21 percent Lyon................2.90 percent - *SB3_R1* – 6 – Clark.............
22.54 percentMineral............2.40percent Mineral............2.40 percent Douglas...........
13.31 percenPershing..........7.00percent Pershing..........7.00 percent Esmeralda.......
3.10 percentWashoe.........12.24percent Washoe.........12.24 percent Humboldt........
3.88 percent 9- (2)31st ForSpecial allSession other(2020) basic– and6 supplemental– governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.
[(b) State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month, 75 percent of the amounts indicatedindicatedgents pursuant to this section.] 2.
and (8) Eight years,isa sumequalto 40 percent ofthose proceeds;
and (9) Nine years or more, is a sum equal to 67 percent of those proceeds;
and - *SB3_R1* – 7 – (b) Subsection 2 of NRS 371.060 based upon an age of:
(6)- Six31st Special Session (2020) – 7 – (7) Seven years, is a sum equal to 3033 percent of thosethoseroceeds; proceeds;
(7) Seven years, is a sum equal to 33 percent of those proceeds;
The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed onvehiclestowhichtheminimumamountofthattaxappliespursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.
The tax determined pursuant to NRS 362.130, as that section reads prior to amendment by section 3 of this act, for the calendar yearyea2. 2020;
and 2.
Notwithstanding any other provision of law, for the calendar year 2023, each person extracting any mineral in this State may file with the Department a quarterlyreport statingan estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31 of that year, and pay any additional amount of the portion of the tax due pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023.
The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as - *SB3_R1* – 8 – indicated by the quarterly reports and the original estimate supplied pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023.
If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the Department- not31st laterSpecial thanSession the(2020) last– day8 of– the month following the end of the calendar quarter and payment must be made within 30 daysdayshe end after filing any quarterly report that indicates an additional estimated tax liability.
(a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, 2023, in calendar year 2023 is equal to or greater than the liability of the operation for the calendar year 2022 for the portion of the tax that is equal to thetheor net proceeds of any minerals extracted and royalties paid during that calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada;
or (b) The person files quarterly reports pursuant to subsection 2 in a timely manner and the total of all payments exceeds 90 percent of the amount certified astheas the net proceeds of anyminerals extracted and royaltiespaidduringthecalendaryear2023multipliedbyarateequal to the rate as determined pursuant to NRS 362.140 minus the combined rate oftax ad valoremfor the countyin which the operation is located, including any rate levied by the State of Nevada.
The amendatory provisions of sections 5.5 and 6 of this act apply to any proceeds of the basic governmental services tax collected by the Department of Motor Vehicles and its agents which is attributable to any period of registration of a vehicle that begins on or after July 1, 2020, and ends on or before June 30, 2021.
Except as otherwise provided in this section and notwithstanding any other provision of law, the Department of Taxationshall establishandconduct a programthat complies withthe requirements of this section and requires the Department to relieve a person who has not paid a tax, fee or assessment required to be paid - *SB3_R1* – 9 – to the Department of all the monetary penalties and interest imposed with regard to the unpaid tax, fee or assessment.
Upon the establishment- of31st aSpecial programSession pursuant(2020) to– this9 section,– the Department of Taxation shall provide notice of the program, including, without limitation, the dates during which the program will be conducted and the manner in which a person may request relief pursuant to the program, on the Internet website maintained by the Department.
(a) Requests relief from the Department by the form or method required by the Department;
and Department by the form or method (b) Exceptasotherwiseprovidedinsubsection4,paystheamount of the unpaid tax, fee or assessment in full to the Department.
(b) Must(1) notHas applyentered tointo anya personcompromise who:or settlement agreement with the Department regarding the unpaid tax, fee or assessment;
(1) Has entered into a compromise or settlement agreement with the Department regarding the unpaid tax, fee or assessment;
A person who requests or receives relief pursuant to this section may be selected for an audit and audited by the Department - *SB3_R1*31st Special Session (2020) – 10 – receiveof reliefTaxation pursuantin tothe thissame section.onmanner as a person who does not request or Sec.receive relief pursuant to this section.
11.
Notwithstanding the provisions of NRS 218D.430, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475.
This section applies retroactively from and after July 8, 2020.
11.
Notwithstanding the provisions of NRS 218D.430, a committee may vote on this act before the expiration of the period section applies retroactively from and after July 8, 2020..
This Sec.
H~~~~~ 20 - *SB3_R1*31st Special Session (2020)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 4.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 1.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: 2.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly. In Assembly. Read first time. Referred to Committee of the Whole. To committee. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 32, Nays: 10.) To Senate.
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From printer. To committee.
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Read first time. Referred to Committee of the Whole. To printer.
Sponsors
- Senate Committee of the Whole · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee of the Whole
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 3 do?
- AN ACT relating to governmental financial administration; temporarily accelerating the collection of a portion of the tax upon the net proceeds of minerals; temporarily requiring persons who extract minerals to pay a portion of the tax on the net proceeds of the estimated royalties that will be paid for certain years; temporarily altering the allocation of a portion of the proceeds of the basic governmental services tax; requiring the Department of Taxation to allow for the payment of delinquent taxes, fees or assessments without a penalty for a limited period in certain circumstances; and providing other matters properly relating thereto.
- Who sponsors SB 3?
- SB 3 is sponsored by Senate Committee of the Whole.
- What is the current status of SB 3?
- This bill has been enacted into law. Introduced July 09, 2020. Enacted.
- Where can I track SB 3?
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