Clark County - File #: 21-1431

• File #: 21-1431
• Status: Agenda Ready
• File created: 9/23/2021
• In control: Clark County Board of Commissioners
• On agenda: 10/5/2021
• Title: Conduct a public hearing; adopt, approve and authorize the Chair to sign an ordinance to amend Clark County Code Title 4, Chapter 4.28 to impose a fee to be charged and collected when a passenger car is shared through a peer-to-peer car sharing program, as required by Senate Bill 389 of the 2021 Legislative Session; and providing for other matters properly related thereto. Commission District: All (For possible action)

Date	Action By	Action	Result
10/5/2021	Clark County Board of Commissioners	Approved; Agenda note: DISCUSSION: Following introduction of the item, Mike Harwell, Assistant Manager of Business License, advised that the ordinance was a requirement of the peer-to-peer car sharing bill passed earlier this year; a bill was adopted in 2005 for the rental car companies to collect a 2% fee for the benefit of a performing arts center; the requirement in the 2021 Senate Bill 389 was to amend that ordinance to include the peer-to-peer car sharing in the 2% tax and allowed the Department of Taxation to retain 0.1% for assistance in collecting the tax; and read into the record the following amendments: (1) 4.28.020(a) on the third line of the ordinance, the word “and” was added to read “and a shared vehicle driver… (2) on the next sentence, after NRS 482.053, added “car-sharing period” as a new, defined term, (3) and later in the same sentence, added Section 4.7, which was referenced in the bill. Commissioner Gibson moved approval for the ordinance. Chair Kirkpatrick advised the public hearing had not been opened; opened the public hearing and asked if there were any persons present wishing to be heard on the matter. SPEAKER(S): Present Commissioner Kirkpatrick reminded Mr. Uehling that the item concerned a bill passed by the Legislature and the County was following procedures. Ed Uehling spoke in opposition to the item, stating that the item was against creativity, innovation, and small businesses; and thought a Business Impact Statement had been prepared and that everyone except the owners of the vehicles was consulted. Mr. Harwell clarified that a Business Impact Statement was not required as the ordinance was mandated by state law; and that funds collected from the tax were for a performing arts center. There being no other persons present wishing to be heard on the matter, Chair Kirkpatrick closed the public hearing	Pass

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

Petitioner:

Vincent V. Queano, Director of Business License

Recommendation: 

title

Conduct a public hearing; adopt, approve and authorize the Chair to sign an ordinance to amend Clark County Code Title 4, Chapter 4.28 to impose a fee to be charged and collected when a passenger car is shared through a peer-to-peer car sharing program, as required by Senate Bill 389 of the 2021 Legislative Session; and providing for other matters properly related thereto. Commission District: All (For possible action)

body

FISCAL IMPACT:

Fund #:	2100.903	Fund Name:	Rental Car/Smith Center
Fund Center:	1020211016	Funded PGM/Grant:	N/A
Amount:	Unknown
Description:	Rental Car Fees
Additional Comments:	This ordinance will impose a 2% fee on the rental of shared vehicles through peer-to-peer car sharing programs to be collected by the Nevada Department of Taxation for the benefit of a performing arts center within Clark County.

BACKGROUND: 

On February 15, 2005, Chapter 4.28 of the Clark County Code was created to impose a fee on the lease of passenger cars by short-term lessors (e.g., rental car companies) with the fees being collected by the Nevada Department of Taxation. The proceeds of these fees are to be used to acquire, improve, equip, operate, and maintain within the County a performing arts center.

Senate Bill 389 (SB 389) was approved by the 2021 Nevada State Legislature regarding the licensing of peer-to-peer car sharing programs and certain shared vehicle owners by local governments. Section 31.15 of SB 389 requires the County to adopt an ordinance to require a fee to be charged and collected, in the same manner as the rental car fees are charged and collected by Chapter 4.28 of the County Code, when a shared vehicle that is a passenger car is shared through a peer-to-peer car sharing vehicle program. This ordinance imposes the fee required by SB 389 and, as this is a rule that the County is required to adopt by State statute, a Business Impact Statement is not applicable.

The proposed ordinance was introduced at the August 17, 2021, Board of County Commissioners meeting and a public hearing was set for September 21, 2021 at 10:00 a.m., that was held until October 5, 2021 at 10:00 a.m.