[Rev. 11/21/2013 10:14:49 AM--2013]

CHAPTER 231 - ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS

GENERAL PROVISIONS

NRS 231.002           Definitions.

NRS 231.003           “Administrative or operating purposes” defined.

NRS 231.004           “Board” defined.

NRS 231.005           “Development resource” defined.

NRS 231.006           “Executive director” defined.

NRS 231.007           “Office” defined.

NRS 231.008           “Organization for economic development” defined.

NRS 231.009           “Regional development authority” defined.

INTERAGENCY COMMITTEE FOR COORDINATING TOURISM AND ECONOMIC DEVELOPMENT

NRS 231.015           Creation; membership; meetings; duties; subcommittees. [Repealed.]

ECONOMIC DEVELOPMENT

General Provisions

NRS 231.020           “Motion pictures” defined.

NRS 231.025           Advisory Council on Economic Development: Creation; membership; expenses; duties. [Repealed.]

NRS 231.033           Board of Economic Development: Creation; membership; terms; officers; quorum; meetings; expenses.

NRS 231.037           Board of Economic Development: Duties.

NRS 231.043           Office of Economic Development: Creation; divisions; budget; status of employees.

NRS 231.047           Office of Economic Development: Executive Director.

NRS 231.053           Executive Director of Office of Economic Development: Powers and duties; regulations.

NRS 231.054           Executive Director of Office of Economic Development: Regional development authorities to submit plans.

NRS 231.055           Office of Economic Development: Powers and duties.

NRS 231.057           Office of Economic Development: Powers specific to contracts with regional development authorities.

NRS 231.060           Office of Economic Development: Powers and duties; policies and programs of Division of Motion Pictures; special advisory committees.

NRS 231.064           Office of Economic Development: Powers and duties; research; dissemination of information.

NRS 231.068           Office of Economic Development: Powers and duties; grants for programs for occupational education.

NRS 231.0685         Office of Economic Development: Biennial report to Director of Legislative Counsel Bureau; contents of report. [Effective through June 30, 2023.]

NRS 231.0685         Office of Economic Development: Biennial report to Director of Legislative Counsel Bureau; contents of report. [Effective July 1, 2023.]

NRS 231.069           Office of Economic Development: Confidentiality of records and documents submitted by client.

NRS 231.0695         Office of Economic Development: Approval of partial tax abatement.

NRS 231.075           Inland Ports: Office of Economic Development to assist in development.

NRS 231.125           Office of Economic Development: Fees to support activities.

NRS 231.127           Division of Motion Pictures: Program to promote production of motion pictures.

NRS 231.128           Registration and permits required for production of motion picture.

NRS 231.130           Office of Economic Development: Use of records and assistance of other state agencies.

NRS 231.139           Office of Economic Development: Certification of businesses for certain benefits; requirements for certification; allocations from Contingency Account; fees; regulations.

 

Outreach Program for Local Emerging Small Business

NRS 231.1401         Definitions. [Effective January 1, 2014.]

NRS 231.1402         “Local emerging small business” defined. [Effective January 1, 2014.]

NRS 231.1403         “Local purchasing contract” defined. [Effective January 1, 2014.]

NRS 231.1404         “State purchasing contract” defined. [Effective January 1, 2014.]

NRS 231.1405         Requirements for certification. [Effective January 1, 2014.]

NRS 231.14055       Application for certification. [Effective January 1, 2014.]

NRS 231.1406         Full-time equivalent employee: Determination. [Effective January 1, 2014.]

NRS 231.14065       Duties of Department of Business and Industry, Purchasing Division and State Public Works Division. [Effective January 1, 2014.]

NRS 231.1407         Office of Economic Development: Duties. [Effective January 1, 2014.]

NRS 231.14075       Office of Economic Development: Annual report. [Effective January 1, 2014.]

NRS 231.1408         Office of Economic Development: Regulations. [Effective January 1, 2014.]

 

Program of Training for Employees of Business

NRS 231.141           Definitions.

NRS 231.143           “Community college” defined.

NRS 231.146           “Program” defined.

NRS 231.147           Application for approval of program; contents of application; assistance in completing application; approval or denial of application by Office; matching money; notification of approval or denial.

NRS 231.149           Office authorized to accept gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 231.151           Disposition of certain money received by Office; administration of account.

NRS 231.152           Adoption of regulations by Office.

 

Catalyst Account

NRS 231.1573         Creation; nature of Account; disposition of interest, income and principal; administration.

NRS 231.1577         Duties of Executive Director; applications for grant or loan from Account; review and approval of applications; conditions; annual report.

NRS 231.1579         Grants from regional development authority to certain other organizations: Procedures; requirements; reports.

 

Knowledge Account

NRS 231.1591         Definitions.

NRS 231.1592         Creation; nature of Account; disposition of interest and income; duties of Executive Director.

NRS 231.1593         Commercialization revenue: Authority of Executive Director to enter into agreements with certain entities; disposition and allocation.

NRS 231.1594         Executive Director to establish procedures for applying for allocation from Account; requirements; applications; use of money; factors to be considered in making allocations.

NRS 231.1595         Powers and duties of Executive Director: Economic development goals; expansion, enhancement, transfer and commercialization of research; encouragement of investment; reports; agreements.

NRS 231.1596         Technology outreach program: Executive Director to establish; required functions; duties of Board.

NRS 231.1597         Allocation of money in Account to provide for certain expenditures.

DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS

General Provisions

NRS 231.161           Definitions.

NRS 231.163           “Department” defined.

NRS 231.165           “Director” defined.

NRS 231.167           Creation; divisions.

NRS 231.169           Bequests and gifts unaffected by creation of Department.

NRS 231.170           Commission on Tourism: Appointment and qualifications of members.

NRS 231.180           Commission on Tourism: Meetings; quorum; Secretary; removal of appointed members.

NRS 231.190           Commission on Tourism: Salary of appointed members.

NRS 231.200           Commission on Tourism: Powers and duties.

NRS 231.210           Director: Qualifications; appointment; restrictions on other employment.

NRS 231.220           Director: Powers and duties.

NRS 231.230           Employees.

NRS 231.240           Fees for materials prepared for distribution.

NRS 231.250           Fund for the Promotion of Tourism.

 

Division of Tourism

NRS 231.260           Duties.

NRS 231.270           Formation of councils on tourism; production of promotional films; dissemination of information.

 

Nevada Magazine; Records

NRS 231.290           Fund for the Nevada Magazine.

NRS 231.300           Use of records and assistance of other state agencies.

 

Development of Projects Relating to Tourism

NRS 231.310           Definitions.

NRS 231.320           “Commission” defined.

NRS 231.330           “Development of projects relating to tourism” defined.

NRS 231.340           “Grant Program” defined.

NRS 231.360           Powers and duties of Commission on Tourism: Development and administration of Grant Program for Development of Projects Relating to Tourism; sources of money for Program; administration of account.

_________

GENERAL PROVISIONS

      NRS 231.002  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 231.003 to 231.009, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 3427)

      NRS 231.003  “Administrative or operating purposes” defined.  “Administrative or operating purposes” includes, without limitation, the dissemination of program information, marketing, grant writing, accounting services, legal services, travel and training.

      (Added to NRS by 2011, 3428)

      NRS 231.004  “Board” defined.  “Board” means the Board of Economic Development created by NRS 231.033.

      (Added to NRS by 2011, 3428)

      NRS 231.005  “Development resource” defined.  “Development resource” means any funding or other resource for economic development, including, without limitation, a structured lease of real property. The term does not include any funding for administrative or operating purposes or any grant, loan or allocation of money from the Catalyst Account created by NRS 231.1573 or the Knowledge Account created by NRS 231.1592.

      (Added to NRS by 2011, 3428; A 2013, 2748)

      NRS 231.006  “Executive director” defined.  “Executive Director” means the Executive Director of the Office of Economic Development.

      (Added to NRS by 2011, 3428)

      NRS 231.007  “Office” defined.  “Office” means the Office of Economic Development created by NRS 231.043.

      (Added to NRS by 2011, 3428)

      NRS 231.008  “Organization for economic development” defined.  “Organization for economic development” means an organization which promotes, aids or encourages economic development in this State or a locality or region of this State.

      (Added to NRS by 2011, 3428)

      NRS 231.009  “Regional development authority” defined.  “Regional development authority” means an organization for economic development which is:

      1.  A local governmental entity, composed solely of two or more local governmental entities or a private nonprofit entity; and

      2.  Designated by the Executive Director as a regional development authority pursuant to subsection 4 of NRS 231.053.

      (Added to NRS by 2011, 3428)

INTERAGENCY COMMITTEE FOR COORDINATING TOURISM AND ECONOMIC DEVELOPMENT

      NRS 231.015  Creation; membership; meetings; duties; subcommittees.  Repealed. (See chapter 112, Statutes of Nevada 2013, at page 404.)

 

ECONOMIC DEVELOPMENT

General Provisions

      NRS 231.020  “Motion pictures” defined.  As used in NRS 231.020 to 231.139, inclusive, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast or other electronic transmission, and programs made for broadcast or other electronic transmission in episodes.

      [2:322:1955]—(NRS A 1969, 230; 1983, 1167; 1987, 1589, 1672; 1989, 554; 1997, 2479; 1999, 1750; 2005, 22nd Special Session, 112; 2011, 750, 3441; 2013, 1144)

      NRS 231.025  Advisory Council on Economic Development: Creation; membership; expenses; duties.  Repealed. (See chapter 112, Statutes of Nevada 2013, at page 404.)

 

      NRS 231.033  Board of Economic Development: Creation; membership; terms; officers; quorum; meetings; expenses.

      1.  There is hereby created the Board of Economic Development, consisting of:

      (a) The following voting members:

             (1) The Governor;

             (2) The Lieutenant Governor;

             (3) The Secretary of State; and

             (4) Six members who must be selected from the private sector and appointed as follows:

                   (I) Three members appointed by the Governor;

                   (II) One member appointed by the Speaker of the Assembly;

                   (III) One member appointed by the Majority Leader of the Senate; and

                   (IV) One member appointed by the Minority Leader of the Assembly or the Minority Leader of the Senate. The Minority Leader of the Senate shall appoint the member for the initial term, the Minority Leader of the Assembly shall appoint the member for the next succeeding term, and thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.

      (b) The following nonvoting members:

             (1) The Chancellor of the Nevada System of Higher Education or his or her designee; and

             (2) The Director of the Department of Employment, Training and Rehabilitation.

      2.  In appointing the members of the Board described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Board represent the diversity of this State, including, without limitation, different strategically important industries, different geographic regions of this State and different professions.

      3.  The Governor shall serve as the Chair of the Board.

      4.  Except as otherwise provided in this subsection, the members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 are appointed for terms of 4 years. The initial members of the Board shall by lot select three of the initial members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 to serve an initial term of 2 years.

      5.  The Governor, the Lieutenant Governor or the Secretary of State may designate a person to serve as a member of the Board for the Governor, Lieutenant Governor or Secretary of State, respectively. Any person designated to serve pursuant to this subsection shall serve for the term of the officer appointing him or her and serves at the pleasure of that officer. If the Governor designates a person to serve on his or her behalf, that person shall serve as the Chair of the Board. Vacancies in the appointed positions on the Board must be filled by the appointing authority for the unexpired term.

      6.  The Executive Director shall serve as the nonvoting Secretary of the Board.

      7.  A majority of the Board constitutes a quorum, and a majority of the Board is required to exercise any power conferred on the Board.

      8.  The Board shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the members of the Board.

      9.  The members of the Board serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Board.

      (Added to NRS by 2011, 3431; A 2013, 399)

      NRS 231.037  Board of Economic Development: Duties.  The Board shall:

      1.  Review and evaluate all programs of economic development in this State and make recommendations to the Legislature for legislation to improve the effectiveness of those programs in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      2.  Recommend to the Executive Director a State Plan for Economic Development and make recommendations to the Executive Director for carrying out the State Plan for Economic Development, including, without limitation, recommendations regarding the development and implementation of a recruiting and marketing effort to attract professionals and businesses to this State.

      3.  Recommend to the Executive Director the criteria for the designation of regional development authorities.

      4.  Make recommendations to the Executive Director for the designation for the southern region of this State, the northern region of this State and the rural region of this State, one or more regional development authorities for each region.

      5.  Provide advice and recommendations to the Executive Director concerning:

      (a) The procedures to be followed by any entity seeking to obtain any development resource, allocation, grant or loan from the Office;

      (b) The criteria to be used by the Office in providing development resources and making allocations, grants and loans;

      (c) The requirements for reports from the recipients of development resources, allocations, grants and loans from the Office concerning the use thereof; and

      (d) Any other activities of the Office.

      6.  Review each proposal by the Executive Director to enter into a contract pursuant to NRS 231.057 for more than $100,000 or allocate, grant or loan more than $100,000 to any entity and, as the Board determines to be in the best interests of the State, approve or disapprove the proposed allocation, grant or loan. Notwithstanding any other statutory provision to the contrary, the Executive Director shall not enter into any contract pursuant to NRS 231.057 for more than $100,000 or make any allocation, grant or loan of more than $100,000 to any entity unless the allocation, grant or loan is approved by the Board.

      (Added to NRS by 2011, 3432; A 2011, 3484; 2013, 1145)

      NRS 231.043  Office of Economic Development: Creation; divisions; budget; status of employees.

      1.  There is hereby created within the Office of the Governor the Office of Economic Development, consisting of:

      (a) A Division of Economic Development; and

      (b) A Division of Motion Pictures.

      2.  The Governor shall propose a budget for the Office.

      3.  Employees of the Office are not in the classified or unclassified service of this State and serve at the pleasure of the Executive Director.

      (Added to NRS by 2011, 3432; A 2011, 3485)

      NRS 231.047  Office of Economic Development: Executive Director.  The Executive Director:

      1.  Must be appointed by the Governor from a list of three persons recommended by the Board.

      2.  Is not in the classified or unclassified service of this State.

      3.  Serves at the pleasure of the Board, except that he or she may be removed by the Board only if the Board finds that his or her performance is unsatisfactory.

      4.  Shall devote his or her entire time to the duties of his or her office and shall not engage in any other gainful employment or occupation.

      (Added to NRS by 2011, 3432)

      NRS 231.053  Executive Director of Office of Economic Development: Powers and duties; regulations.  After considering any pertinent advice and recommendations of the Board, the Executive Director:

      1.  Shall direct and supervise the administrative and technical activities of the Office.

      2.  Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:

      (a) New industries which have the potential to be developed in this State;

      (b) The strengths and weaknesses of this State for business incubation;

      (c) The competitive advantages and weaknesses of this State;

      (d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;

      (e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and

      (f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.

      3.  Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.

      4.  Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section and declare void any contract between the Office and that regional development authority.

      5.  Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.

      6.  May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive.

      7.  May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive.

      8.  In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.

      (Added to NRS by 2011, 3433; A 2011, 3485; 2013, 400, 1145)

      NRS 231.054  Executive Director of Office of Economic Development: Regional development authorities to submit plans.  Each regional development authority shall present a plan to the Executive Director regarding the development and enhancement of a recruiting and marketing effort to attract professionals and businesses to the region of this State served by the regional development authority. The Executive Director shall consider any plan presented pursuant to this section in carrying out the provisions of NRS 231.053.

      (Added to NRS by 2013, 1144)

      NRS 231.055  Office of Economic Development: Powers and duties.  Under the direction of the Executive Director, the Office:

      1.  Shall provide administrative and technical support to the Board.

      2.  Shall support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of NRS 231.053 and the private sector to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada.

      3.  Shall coordinate and oversee all economic development programs in this State to ensure that such programs are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053, including, without limitation:

      (a) Coordinating the economic development activities of agencies of this State, local governments in this State and local and regional organizations for economic development to avoid duplication of effort or conflicting efforts;

      (b) Working with local, state and federal authorities to streamline the process for obtaining abatements, financial incentives, grants, loans and all necessary permits and licenses for the creation or expansion of businesses in Nevada or the relocation of businesses to Nevada; and

      (c) Reviewing, analyzing and making recommendations for the approval or disapproval of applications for abatements, financial incentives, development resources, and grants and loans of money provided by the Office.

      4.  May:

      (a) Participate in any federal programs for economic development that are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (b) When practicable and authorized by federal law, act as the agency of this State to administer such federal programs.

      (Added to NRS by 2011, 3433; A 2011, 3486)

      NRS 231.057  Office of Economic Development: Powers specific to contracts with regional development authorities.

      1.  In accordance with the provisions of this section and under the direction of the Executive Director, the Office may enter into contracts with regional development authorities for services which promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. A contract entered into pursuant to this section must only provide funding for administrative or operating purposes.

      2.  Before entering into a contract pursuant to subsection 1, the Office, in consultation with the Board, must issue a request for proposals. The request for proposals must include, without limitation, provisions requiring a bid submitted by a regional development authority to state:

      (a) The services to be provided by the regional development authority;

      (b) The plans, projects and programs for which the regional development authority is seeking to enter into the contract;

      (c) The expected benefits of the contract; and

      (d) The short-term and long-term impacts of the contract.

      3.  A contract entered into pursuant to this section must:

      (a) Set forth the services to be provided, and the plans, projects and programs to be carried out, by the regional development authority;

      (b) Include a provision requiring the regional development authority to refund any funding provided pursuant to the contract if it is not used in accordance with the contract;

      (c) Promote, aid or encourage the economic development of this State and aid in the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (d) Require the regional development authority to submit the reports required by subsection 4.

      4.  A regional development authority which enters into a contract pursuant to this section must submit to the Office reports concerning the use of the funding provided pursuant to the contract. The reports must include, without limitation:

      (a) A description of each activity undertaken with funding provided pursuant to the contract and the amount of funding used for each such activity;

      (b) The return on the funding provided pursuant to the contract;

      (c) A statement of the benefit to the public from the funding provided pursuant to the contract; and

      (d) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      (Added to NRS by 2011, 3434)

      NRS 231.060  Office of Economic Development: Powers and duties; policies and programs of Division of Motion Pictures; special advisory committees.  The Office:

      1.  Shall establish the policies and approve the programs of the Division of Motion Pictures concerning the promotion of the production of motion pictures in this State.

      2.  May from time to time create special advisory committees to advise it on special problems of economic development. Members of special advisory committees may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the Office permits.

      [6:322:1955]—(NRS A 1969, 231, 1455; 1983, 1168; 1985, 403; 2011, 3442)

      NRS 231.064  Office of Economic Development: Powers and duties; research; dissemination of information.  In addition to its other duties, the Office shall:

      1.  Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the Office in promoting and developing Nevada business, industry and commerce, both within and outside the State.

      2.  Conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the State and designed to develop new products and industrial processes.

      3.  Serve as a center of public information for the State of Nevada by answering general inquiries concerning the resources and economic advantages of this state and by furnishing information and data on these and related subjects.

      4.  Prepare, and disseminate in any medium, informational material designed to promote community, economic and industrial development in Nevada.

      5.  Plan and develop an effective service for business information, both for the direct assistance of business and industry of the State and for the encouragement of business and industry outside the State to use economic facilities within the State, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and occupational education and related subjects.

      (Added to NRS by 1983, 1166; A 1985, 814; 2003, 1425; 2011, 3442)

      NRS 231.068  Office of Economic Development: Powers and duties; grants for programs for occupational education.

      1.  The Office, to the extent of legislative appropriations, may grant money to a postsecondary educational institution to develop a program for occupational education which is designed to teach skills in a short period to persons who are needed for employment by new or existing businesses.

      2.  Any money appropriated to the Office for awarding grants to develop a program specified in subsection 1 must be accounted for separately in the State General Fund. The money in the account:

      (a) Does not revert to the State General Fund at the end of any fiscal year; and

      (b) Must be carried forward to the next fiscal year.

      (Added to NRS by 1985, 623; A 1999, 3114; 2011, 3442)

      NRS 231.0685  Office of Economic Development: Biennial report to Director of Legislative Counsel Bureau; contents of report. [Effective through June 30, 2023.]  The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330, 360.750 or 360.752. The report must set forth, for each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  The value of infrastructure included as an incentive for the business;

      4.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      5.  Whether the business for which the abatement was approved is a new business or an existing business;

      6.  The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business; and

      7.  Any other information that the Office determines to be useful.

      (Added to NRS by 1999, 1749; A 2001, 113; 2005, 643; 2011, 3443; 2013, 573, 2811)

      NRS 231.0685  Office of Economic Development: Biennial report to Director of Legislative Counsel Bureau; contents of report. [Effective July 1, 2023.]  The Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330 or 360.750. The report must set forth, for each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years and 6 fiscal years immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

      3.  The value of infrastructure included as an incentive for the business;

      4.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      5.  Whether the business for which the abatement was approved is a new business or an existing business;

      6.  The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business; and

      7.  Any other information that the Office determines to be useful.

      (Added to NRS by 1999, 1749; A 2001, 113; 2005, 643; 2011, 3443; 2013, 573, 2811, effective July 1, 2023)

      NRS 231.069  Office of Economic Development: Confidentiality of records and documents submitted by client.

      1.  Except as otherwise provided in NRS 239.0115, if so requested by a client, the Office shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the Executive Director shall attach to the file containing the record or document a certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request.

      2.  Records and documents that are confidential pursuant to subsection 1 remain confidential until the client:

      (a) Initiates any process regarding the location of his or her business in Nevada which is within the jurisdiction of a state agency other than the Office; or

      (b) Decides to locate his or her business in Nevada.

      (Added to NRS by 1987, 1671; A 1989, 554; 2007, 2080; 2011, 3443)

      NRS 231.0695  Office of Economic Development: Approval of partial tax abatement.

      1.  For the purpose of any partial tax abatement which the Office is required or authorized to approve, the Office shall be deemed to have approved the partial tax abatement:

      (a) Upon approval by the Board for partial tax abatements with a projected value to a single entity of $250,000 or more; and

      (b) Upon approval by the Director for partial tax abatements with a projected value to a single entity of less than $250,000.

      2.  For the purposes of this section, “projected value” means the dollar value of the abatement requested by an entity plus the accumulated value of all tax abatements received by that entity for the immediately preceding 2 years.

      (Added to NRS by 2013, 399)

      NRS 231.075  Inland Ports: Office of Economic Development to assist in development.

      1.  The Office of Economic Development shall:

      (a) Promote, encourage and aid in the development of inland ports in this State.

      (b) Identify sources of financing to assist local governments in developing or expanding inland ports.

      (c) Encourage and assist local governments in planning and preparing projects for inland ports.

      (d) Promote close cooperation between local governments, other public agencies and private persons that have an interest in creating, operating or maintaining inland ports in the State.

      2.  As used in this section, “inland port” has the meaning ascribed to it in NRS 277B.050.

      (Added to NRS by 2011, 750; A 2013, 401)

      NRS 231.125  Office of Economic Development: Fees to support activities.

      1.  The Office may charge such fees for:

      (a) Materials prepared for distribution by the Office;

      (b) Advertising in materials prepared by the Office; and

      (c) Services performed by the Office on behalf of others, such as the procurement of permits,

Ê as it deems necessary to support the activities of the Office.

      2.  All such fees must be deposited with the State Treasurer for credit to the Office and may be expended in addition to other money appropriated for the support of the Office.

      (Added to NRS by 1967, 1247; A 1981, 254; 1983, 1170; 1993, 2278; 2011, 3444)

      NRS 231.127  Division of Motion Pictures: Program to promote production of motion pictures.

      1.  The Division of Motion Pictures shall formulate a program to promote the production of motion pictures in Nevada. The program must include development of:

      (a) A directory of the names of persons, firms and governmental agencies in this State which are capable of furnishing the skills and facilities needed in all phases of the production of motion pictures; and

      (b) A library containing audiovisual recordings which depict the variety and extent of the locations in this State which are available for the production of motion pictures.

Ê The directory of names and the library of audiovisual recordings must be kept current and be cross-referenced.

      2.  The program may include:

      (a) The preparation and distribution of other appropriate promotional and informational material, including advertising, which points out desirable locations within the State for the production of motion pictures, explains the benefits and advantages of producing motion pictures in this State, and describes the services and assistance available from this State and its local governments;

      (b) Assistance to motion picture companies in securing permits to film at certain locations and in obtaining other services connected with the production of motion pictures; and

      (c) Encouragement of cooperation among local, state and federal agencies and public organizations in the location and production of motion pictures.

      (Added to NRS by 1983, 1166; A 2011, 3444)

      NRS 231.128  Registration and permits required for production of motion picture.

      1.  Before a motion picture company begins production of a motion picture in this State, the motion picture company must:

      (a) Register with the Division of Motion Pictures; and

      (b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this State.

      2.  The registration filed with the Division of Motion Pictures must:

      (a) Contain a provision which provides that the motion picture company agrees to pay, within 30 days after the filming of the motion picture is completed in this State, all of the debts and obligations incurred by the motion picture company in the production of the motion picture in this State.

      (b) Be signed by:

             (1) A person who is authorized to enter into an agreement on behalf of the motion picture company; and

             (2) The Administrator of the Division of Motion Pictures or, in a county whose population is 700,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.

      (Added to NRS by 1997, 2479; A 2011, 1152)

      NRS 231.130  Office of Economic Development: Use of records and assistance of other state agencies.  Except as otherwise provided by law, in performing their duties, the Executive Director of the Office and the Administrator of the Division of Motion Pictures shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on request, furnish the Executive Director with data and other information from their records bearing on the objectives of the Office. The Executive Director shall avail himself or herself of records and assistance of such other state agencies as in the opinion of the Governor or Executive Director might make a contribution to the work of the Office.

      [13:322:1955]—(NRS A 1969, 32, 1561; 1973, 903; 1977, 1123; 1979, 904, 1788; 1983, 1170; 2011, 3445)

      NRS 231.139  Office of Economic Development: Certification of businesses for certain benefits; requirements for certification; allocations from Contingency Account; fees; regulations.

      1.  The Office shall certify a business for the benefits provided pursuant to NRS 704.223 if the Office finds that:

      (a) The business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site;

      (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

      (d) The economic benefit to the State of approving the certification exceeds the cost to the State.

      2.  The Office may:

      (a) Request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Office pursuant to this section and NRS 704.032.

      (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the Office in investigating and ruling on the application.

      (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

      (Added to NRS by 1993, 818; A 1995, 1143; 2001, 1584; 2011, 3445)

Outreach Program for Local Emerging Small Business

      NRS 231.1401  Definitions. [Effective January 1, 2014.]  As used in NRS 231.1401 to 231.1408, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.1402, 231.1403 and 231.1404 have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.1402  “Local emerging small business” defined. [Effective January 1, 2014.]  “Local emerging small business” means a business that has been certified by the Office pursuant to NRS 231.14055.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.1403  “Local purchasing contract” defined. [Effective January 1, 2014.]  “Local purchasing contract” has the meaning ascribed to it in NRS 332.201.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.1404  “State purchasing contract” defined. [Effective January 1, 2014.]  “State purchasing contract” has the meaning ascribed to it in NRS 333.177.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.1405  Requirements for certification. [Effective January 1, 2014.]

      1.  To be eligible for certification as a local emerging small business, a business must:

      (a) Be in existence, operational and operated for a profit;

      (b) Maintain its principal place of business in this State;

      (c) Be in compliance with all applicable licensing and registration requirements in this State;

      (d) Not be a subsidiary or parent company belonging to a group of firms that are owned or controlled by the same persons if, in the aggregate, the group of firms does not qualify pursuant to subsection 2 or 3 for designation as a tier 1 firm or a tier 2 firm; and

      (e) Qualify pursuant to subsection 2 or 3 for designation as a tier 1 firm or a tier 2 firm.

      2.  To be designated a tier 1 firm, a business must not employ more than 20 full-time or full-time equivalent employees and:

      (a) If the business is involved in providing construction services, the average annual gross receipts for the business must not exceed $1.7 million for the 3 years immediately preceding the date of application for certification as a local emerging small business; or

      (b) If the business is involved in the sale of goods or in providing services other than construction services, the average annual gross receipts for the business must not exceed $700,000 for the 3 years immediately preceding the date of application for certification as a local emerging small business.

      3.  To be designated a tier 2 firm, a business must not employ more than 30 full-time or full-time equivalent employees and:

      (a) If the business is involved in providing construction services, the average annual gross receipts for the business must not exceed $3.5 million for the 3 years immediately preceding the date of application for certification as a local emerging small business; or

      (b) If the business is involved in the sale of goods or in providing services other than construction services, the average annual gross receipts for the business must not exceed $1.3 million for the 3 years immediately preceding the date of application for certification as a local emerging small business.

      4.  In determining if a business qualifies for a designation as a tier 1 firm or a tier 2 firm pursuant to subsection 2 or 3, the Office shall use the criteria set forth in NRS 231.1406 to determine whether an employee is a full-time equivalent employee for the purposes of such a designation.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.14055  Application for certification. [Effective January 1, 2014.]

      1.  A business may apply, on a form prescribed by regulation of the Office, to the Office for certification as a local emerging small business. The application must be accompanied by such proof as the Office requires to demonstrate that the applicant is in compliance with the criteria set forth in NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408.

      2.  Upon receipt of the application and when satisfied that the applicant meets the requirements set forth in this section, NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408, the Office shall certify the business as a local emerging small business.

      3.  The Office shall compile a list of the local emerging small businesses certified pursuant to this section and post the list on its Internet website.

      (Added to NRS by 2013, 3692, effective January 1, 2014)

      NRS 231.1406  Full-time equivalent employee: Determination. [Effective January 1, 2014.]  To determine whether an employee is a full-time equivalent employee pursuant to NRS 231.1405:

      1.  An owner of a business applying for certification as a local emerging small business must not be considered a full-time equivalent employee;

      2.  The period during which the full-time equivalency of an employee is determined must be based on the same period as the tax year for the business applying for certification as a local emerging small business; and

      3.  The hours worked by part-time and seasonal employees must be converted into full-time equivalent hours by dividing by 2,080 the total hours worked for the business applying for certification by all part-time and seasonal employees.

      (Added to NRS by 2013, 3693, effective January 1, 2014)

      NRS 231.14065  Duties of Department of Business and Industry, Purchasing Division and State Public Works Division. [Effective January 1, 2014.]

      1.  The Office shall, in consultation with the Department of Business and Industry, establish an outreach program for local emerging small businesses to connect those businesses with state agencies seeking state purchasing contracts and contracts for public works of this State. To the extent practicable, such an outreach program must include private contractors to increase the awareness of those private contractors of the option of using local emerging small businesses to fulfill the contract needs of the private contractors.

      2.  The Office shall encourage the Purchasing Division of the Department of Administration and the State Public Works Division of the Department of Administration to:

      (a) Use the list of the local emerging small businesses compiled by the Office pursuant to NRS 231.14055; and

      (b) Develop outreach programs for local emerging small businesses.

      (Added to NRS by 2013, 3693, effective January 1, 2014)

      NRS 231.1407  Office of Economic Development: Duties. [Effective January 1, 2014.]

      1.  The Office shall establish goals for:

      (a) The submission of bids or proposals by local emerging small businesses for state purchasing contracts and for the awarding of those contracts to local emerging small businesses; and

      (b) The submission of bids or proposals by local emerging small businesses for contracts for public works of this State for which the estimated cost is less than $100,000 and for the awarding of those contracts to local emerging small businesses.

      2.  The Office shall encourage:

      (a) Local governments to award local purchasing contracts and contracts for public works of the local government to local emerging small businesses;

      (b) Local governments to establish goals for the awarding of local purchasing contracts and contracts for public works of the local government to local emerging small businesses; and

      (c) Each local government in a county whose population is less than 100,000 to submit reports to the Office that are similar in nature and frequency to the reports required pursuant to NRS 332.201.

      3.  The Office, in cooperation with the Office of the Governor, shall establish an annual recognition program for the state agencies that meet the goals established pursuant to subsection 1.

      (Added to NRS by 2013, 3693, effective January 1, 2014)

      NRS 231.14075  Office of Economic Development: Annual report. [Effective January 1, 2014.]  On or before September 15 of each year, the Office shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation, for the fiscal year immediately preceding the submission of the report:

      1.  A summary of the information submitted to the Office pursuant to NRS 332.201, 333.177 and 338.1427 and, if applicable, paragraph (c) of subsection 2 of NRS 231.1407, including, without limitation, efforts undertaken to achieve any goals established by the Office which were not achieved in the current fiscal year and proposed action plans for achieving those goals in the subsequent fiscal year; and

      2.  The number of local emerging small businesses which are designated as tier 1 firms and tier 2 firms pursuant to NRS 231.1405. The numbers must be reported separately for businesses involved in providing construction services and for businesses involved in the sale of goods or in providing services other than construction services.

      (Added to NRS by 2013, 3694, effective January 1, 2014)

      NRS 231.1408  Office of Economic Development: Regulations. [Effective January 1, 2014.]

      1.  The Office shall adopt regulations prescribing:

      (a) The application form and procedure for certification as a local emerging small business; and

      (b) The forms for the reports required pursuant to NRS 332.201, 333.177 and 338.1427.

      2.  The Office may adopt regulations to carry out the provisions of NRS 231.1401 to 231.1408, inclusive.

      (Added to NRS by 2013, 3693, effective January 1, 2014)

Program of Training for Employees of Business

      NRS 231.141  Definitions.  As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.143 and 231.146 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1262; A 2003, 2646; 2011, 3446)

      NRS 231.143  “Community college” defined.  “Community college” means a community college of the Nevada System of Higher Education.

      (Added to NRS by 1999, 1263)

      NRS 231.146  “Program” defined.  “Program” means a course of training administered by a community college for employees of a business.

      (Added to NRS by 1999, 1263)

      NRS 231.147  Application for approval of program; contents of application; assistance in completing application; approval or denial of application by Office; matching money; notification of approval or denial.

      1.  A person who operates a business or will operate a business in this State may apply to the Office for approval of a program. The application must be submitted on a form prescribed by the Office.

      2.  Each application must include:

      (a) The name, address and telephone number of the business;

      (b) The number and types of jobs for the business that are available or will be available upon completion of the program;

      (c) A statement of the objectives of the proposed program;

      (d) The estimated cost for each person enrolled in the program; and

      (e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the Office to a community college for the program, each employee who completes the program:

             (1) Will be employed in a full-time and permanent position in the business; and

             (2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:

                   (I) This State; or

                   (II) The county in which the business is located,

Ê as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      3.  Upon request, the Office may assist an applicant in completing an application pursuant to the provisions of this section.

      4.  Except as otherwise provided in subsection 5, the Office shall approve or deny each application within 45 days after receipt of the application. When considering an application, the Office shall give priority to a business that:

      (a) Provides high-skill and high-wage jobs to residents of this State;

      (b) To the greatest extent practicable, uses materials for the business that are produced or bought in this State; and

      (c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      5.  Before approving an application, the Office shall establish the amount of matching money that the applicant must provide for the program. The amount established by the Office for that applicant must not be less than 25 percent of the amount the Office approves for the program.

      6.  If the Office approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.

      7.  If the Office denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.

      (Added to NRS by 1999, 1263; A 2003, 2646; 2011, 3446)

      NRS 231.149  Office authorized to accept gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Office may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.

      2.  Any money the Office receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 231.151.

      (Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447)

      NRS 231.151  Disposition of certain money received by Office; administration of account.

      1.  Any money the Office receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) May only be used to carry out those provisions.

      2.  Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before June 30 of a fiscal year reverts to the State General Fund.

      3.  In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:

      (a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and

      (b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.

      4.  The Office shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      (Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447)

      NRS 231.152  Adoption of regulations by Office.  The Office may adopt such regulations as are necessary to carry out the provisions of NRS 231.147.

      (Added to NRS by 1999, 1264; A 2003, 2648; 2011, 3447)

Catalyst Account

      NRS 231.1573  Creation; nature of Account; disposition of interest, income and principal; administration.

      1.  The Catalyst Account is hereby created in the State General Fund.

      2.  The interest and income earned on:

      (a) Money in the Catalyst Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Catalyst Account.

      3.  All payments of principal and interest on any loan made with money from the Catalyst Account must be deposited in the Account.

      4.  Any money in the Catalyst Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Catalyst Account must be carried forward to the next fiscal year.

      5.  The Executive Director shall administer the Catalyst Account and may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Catalyst Account.

      (Added to NRS by 2011, 3434; A 2011, 3486; 2013, 2748)

      NRS 231.1577  Duties of Executive Director; applications for grant or loan from Account; review and approval of applications; conditions; annual report.

      1.  The Executive Director shall, after considering the advice and recommendations of the Board, establish procedures for applying to the Office for a grant or loan of money from the Catalyst Account created by NRS 231.1573. The procedures must:

      (a) Include, without limitation, a requirement that applications for grants or loans must set forth:

             (1) The proposed use of the grant or loan;

             (2) The plans, projects and programs for which the grant or loan will be used;

             (3) The expected benefits of the grant or loan; and

            (4) A statement of the short-term and long-term impacts of the use of the grant or loan; and

      (b) Allow an applicant to revise his or her application upon the recommendation of the Executive Director.

      2.  In accordance with the procedures established pursuant to subsection 1, any county or incorporated city in this State may apply for a grant or loan of money from the Catalyst Account.

      3.  Upon receipt of an application pursuant to subsection 2, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and make a grant or loan of money from the Catalyst Account to the applicant if the applicant is requesting $100,000 or less. If the applicant is requesting more than $100,000, the Board may approve the application and make a grant or loan of money from the Catalyst Account to the applicant.

      4.  On or before November 1, 2012, and on or before November 1 of every year thereafter, the Executive Director shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

      (a) The amount of grants and loans awarded from the Catalyst Account;

      (b) The amount of all grants, gifts and donations to the Catalyst Account from public and private sources;

      (c) The number of businesses which have been created or expanded in this State, or which have relocated to this State, because of grants and loans from the Catalyst Account; and

      (d) The number of jobs which have been created or saved because of grants and loans from the Catalyst Account.

      (Added to NRS by 2011, 3435; A 2013, 402, 2749)

      NRS 231.1579  Grants from regional development authority to certain other organizations: Procedures; requirements; reports.  After considering the advice and recommendations of the Board, the Executive Director shall establish procedures pursuant to which a regional development authority may grant to another organization for economic development any money granted by the Office to the regional development authority to be used for administrative or operating purposes. The procedures must include, without limitation, a requirement that:

      1.  The applications for the grants must set forth:

      (a) The proposed use of the grant;

      (b) The plans, projects and programs for which the grant will be used;

      (c) The expected benefits of the grant; and

      (d) A statement of the short-term and long-term impacts of the use of the grant.

      2.  The grants must:

      (a) Promote the economic development of this State and aid in the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (b) Be used by the organizations for economic development receiving the grants for administrative or operating purposes.

      3.  The regional development authorities making the grants and the organizations for economic development receiving the grants must submit to the Office reports concerning the use of the grants, which must include, without limitation:

      (a) A description of each activity undertaken with money from the grant and the amount of money used for each such activity;

      (b) The return on the money provided by the grant;

      (c) A statement of the benefit to the public from the grant; and

      (d) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      (Added to NRS by 2011, 3437)

Knowledge Account

      NRS 231.1591  Definitions.  As used in NRS 231.1591 to 231.1597, inclusive, unless the context otherwise requires:

      1.  “Chancellor” means the Chancellor of the Nevada System of Higher Education or his or her designee.

      2.  “Research universities” means the University of Nevada, Las Vegas, and the University of Nevada, Reno.

      (Added to NRS by 2011, 3437)

      NRS 231.1592  Creation; nature of Account; disposition of interest and income; duties of Executive Director.

      1.  The Knowledge Account is hereby created in the State General Fund.

      2.  The interest and income earned on:

      (a) Money in the Knowledge Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Knowledge Account.

      3.  Any money in the Knowledge Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Knowledge Account must be carried forward to the next fiscal year.

      4.  The Executive Director:

      (a) Shall administer the Knowledge Account in a manner that is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (b) May apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Knowledge Account; and

      (c) Subject to any restrictions imposed by such a grant, gift, donation or appropriation, may allocate money in the Knowledge Account among the research universities, the Desert Research Institute, the technology outreach program established pursuant to NRS 231.1596 and the technology transfer offices of the research universities and the Desert Research Institute to support commercialization and technology transfer to the private sector.

      (Added to NRS by 2011, 3437; A 2013, 2751)

      NRS 231.1593  Commercialization revenue: Authority of Executive Director to enter into agreements with certain entities; disposition and allocation.

      1.  The Executive Director may enter into agreements, when the Executive Director deems such an agreement to be appropriate, with the research universities and the Desert Research Institute for the allocation of commercialization revenue between the Office, the research universities and the Desert Research Institute. Any commercialization revenue received by the Office pursuant to such an agreement must be deposited in the Knowledge Account created by NRS 231.1592.

      2.  In consideration of the money and services provided or agreed to be provided by the Office, the research universities and the Desert Research Institute shall agree to allocate commercialization revenue in accordance with any agreement entered into pursuant to subsection 1.

      3.  As used in this section, “commercialization revenue” means dividends, realized capital gains, license fees, royalty fees and other revenues received by a research university or the Desert Research Institute as a result of commercial applications developed as a result of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, less:

      (a) The portion of those revenues allocated to the inventor; and

      (b) Expenditures incurred by the research university or the Desert Research Institute to legally protect the intellectual property.

      (Added to NRS by 2011, 3438; A 2013, 2751)

      NRS 231.1594  Executive Director to establish procedures for applying for allocation from Account; requirements; applications; use of money; factors to be considered in making allocations.

      1.  After considering the advice and recommendations of the Board, the Executive Director shall establish procedures for applying for an allocation of money from the Knowledge Account created by NRS 231.1592. The procedures must include, without limitation, a requirement that applications for allocations of money set forth:

      (a) The proposed use of the money;

      (b) The plans, projects and programs for which the money will be used;

      (c) The expected benefits of the money; and

      (d) A statement of the short-term and long-term impacts of the use of the money.

      2.  In accordance with the procedures established pursuant to subsection 1, a research university or the Desert Research Institute may apply for an allocation of money from the Knowledge Account. Upon receipt of an application for an allocation from the Knowledge Account, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and make an allocation of money from the Knowledge Account to the applicant.

      3.  If a research university or the Desert Research Institute receives an allocation of money from the Knowledge Account, the money must be used for the purposes set forth in NRS 231.1597.

      4.  In making allocations of money from the Knowledge Account created pursuant to NRS 231.1592, the Executive Director must consider:

      (a) The extent to which an allocation will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (b) Whether the research universities and the Desert Research Institute have received an equitable share of the allocations of money from the Knowledge Account.

      (Added to NRS by 2011, 3438; A 2013, 2752)

      NRS 231.1595  Powers and duties of Executive Director: Economic development goals; expansion, enhancement, transfer and commercialization of research; encouragement of investment; reports; agreements.

      1.  In consultation with the Board and the Chancellor, the Executive Director shall:

      (a) Establish, for the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, economic development goals which are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 and the strategic plans of the research universities and the Desert Research Institute.

      (b) In cooperation with the administration of the research universities and the Desert Research Institute, expand science and technology research at the research universities and the Desert Research Institute.

      (c) Enhance technology transfer and commercialization of research and technologies developed at the research universities and the Desert Research Institute to create high-quality jobs and new industries in this State.

      (d) Establish economic development objectives for the programs established pursuant to NRS 231.1591 to 231.1597, inclusive.

      (e) Verify that the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, are being enhanced by research grants and that such programs are meeting the Board’s economic development objectives.

      (f) Monitor all research plans that are part of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, at the research universities and the Desert Research Institute to determine that allocations from the Knowledge Account created by NRS 231.1592 are being spent in accordance with legislative intent and to maximize the benefit and return to this State.

      (g) Develop methods and incentives to encourage investment in and contributions to the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, from the private sector.

      (h) Establish requirements for periodic reports from the research universities and the Desert Research Institute concerning the use of allocations from the Knowledge Account pursuant to NRS 231.1597. The requirements must include, without limitation, a requirement that the recipient of the allocation include in such a report:

             (1) A description of each activity undertaken with money from the allocation and the amount of money used for each such activity; and

             (2) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      (i) On or before November 1, 2012, and on or before November 1 of every year thereafter, submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

             (1) The number of research teams and faculty recruited, hired and retained pursuant to NRS 231.1597 and the amount of funding provided to those research teams;

             (2) A description of the research being conducted by the research teams and faculty for which the Executive Director has provided funding pursuant to NRS 231.1597;

             (3) The number of patents which have been filed as a result of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive;

             (4) The amount of research grants awarded to the research teams and faculty recruited, hired and retained pursuant to NRS 231.1597;

             (5) The amount of all grants, gifts and donations to the Knowledge Account from public and private sources;

             (6) The number of businesses which have been created or expanded in this State, or relocated to this State, because of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive; and

             (7) The number of jobs which have been created or saved as a result of the activities of the Office.

      2.  The Executive Director may enter into any agreements necessary to obtain private equity investment in the programs established pursuant to NRS 231.1591 to 231.1597, inclusive.

      (Added to NRS by 2011, 3439; A 2013, 2752)

      NRS 231.1596  Technology outreach program: Executive Director to establish; required functions; duties of Board.

      1.  The Executive Director shall use money in the Knowledge Account created by NRS 231.1592 to establish a technology outreach program at locations distributed strategically throughout this State.

      2.  The Executive Director shall ensure that the technology outreach program acts as a resource to:

      (a) Broker ideas, new technologies and services to entrepreneurs and businesses throughout a defined service area;

      (b) Engage local entrepreneurs and faculty and staff at state colleges and community colleges by connecting them to the research universities and the Desert Research Institute;

      (c) Assist professors and researchers in finding entrepreneurs and investors for the commercialization of their ideas and technologies;

      (d) Connect market ideas and technologies in new or existing businesses or industries or in state colleges and community colleges with the expertise of the research universities and the Desert Research Institute;

      (e) Assist businesses, the research universities, state colleges, community colleges and the Desert Research Institute in developing commercial applications for their research; and

      (f) Disseminate and share discoveries and technologies emanating from the research universities and the Desert Research Institute to local entrepreneurs, businesses, state colleges and community colleges.

      3.  In designing and operating the technology outreach program, the Board shall work cooperatively with the technology transfer offices at the research universities and the Desert Research Institute.

      (Added to NRS by 2011, 3440; A 2013, 2754)

      NRS 231.1597  Allocation of money in Account to provide for certain expenditures.  In consultation with the Board and the Chancellor, the Executive Director shall allocate money in the Knowledge Account created by NRS 231.1592 to the research universities and the Desert Research Institute to provide funding for:

      1.  The recruitment, hiring and retention of research teams and faculty to conduct research in science and technology which has the potential to contribute to economic development in this State;

      2.  Research laboratories and related equipment located or to be located in this State;

      3.  The construction of research clinics, institutes and facilities and related buildings located or to be located in this State; and

      4.  Matching funds for federal and private sector grants and contract opportunities that support economic development consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      (Added to NRS by 2011, 3440; A 2013, 2754)

DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS

General Provisions

      NRS 231.161  Definitions.  As used in NRS 231.161 to 231.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.163 and 231.165 have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 2937)

      NRS 231.163  “Department” defined.  “Department” means the Department of Tourism and Cultural Affairs.

      (Added to NRS by 2011, 2937)

      NRS 231.165  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2011, 2937)

      NRS 231.167  Creation; divisions.  The Department of Tourism and Cultural Affairs is hereby created, consisting of:

      1.  The Division of Tourism;

      2.  The Division of Museums and History, created by NRS 381.004;

      3.  The Board of Museums and History, created by NRS 381.002;

      4.  The Nevada Arts Council, created by NRS 233C.025;

      5.  The Nevada Indian Commission, created by NRS 233A.020;

      6.  The Board of the Nevada Arts Council, created by NRS 233C.030;

      7.  The Commission on Tourism; and

      8.  The Commission for Cultural Affairs, created by NRS 233C.200.

      (Added to NRS by 1983, 1161; A 2011, 2938)—(Substituted in revision for NRS 231.160)

      NRS 231.169  Bequests and gifts unaffected by creation of Department.  The creation of the Department does not affect any bequest, devise, endowment, trust, allotment or other gift made to a division or institution of the Department and those gifts inure to the benefit of the division or institution and remain subject to any conditions or restraints placed on the gifts.

      (Added to NRS by 2011, 2937)

      NRS 231.170  Commission on Tourism: Appointment and qualifications of members.

      1.  The Commission on Tourism is composed of:

      (a) Eleven voting members as follows:

             (1) The Lieutenant Governor, who is its Chair;

             (2) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and

             (3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

      (b) The following ex officio, nonvoting members:

             (1) The Chair of the Commission for Cultural Affairs;

             (2) The Chair of the Board of Museums and History;

             (3) The Chair of the Nevada Indian Commission; and

             (4) The Chair of the Board of the Nevada Arts Council.

Ê A person may serve as an ex officio, nonvoting member pursuant to subparagraph (1) and subparagraph (2) or (4) concurrently.

      2.  A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

      3.  Of the members appointed by the Governor pursuant to subparagraph (2) of paragraph (a) of subsection 1:

      (a) At least one member must be a resident of a county whose population is 700,000 or more.

      (b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000.

      (c) At least two members must be residents of counties whose population is less than 100,000.

      (d) Four members must be residents of any county in this State.

      (Added to NRS by 1983, 1162; A 1985, 1576; 1989, 1912; 1991, 465; 1999, 3114; 2001, 1961; 2007, 998; 2011, 1152; 2013, 122)

      NRS 231.180  Commission on Tourism: Meetings; quorum; Secretary; removal of appointed members.

      1.  The Commission on Tourism shall meet once each calendar quarter, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair or a majority of the voting members.

      2.  The Director is the Secretary of the Commission.

      3.  The Commission shall prescribe rules for its own management and government.

      4.  Six voting members of the Commission constitute a quorum.

      5.  The Governor may remove an appointed member from the Commission if the member neglects his or her duty or commits malfeasance in office.

      (Added to NRS by 1983, 1162; A 1985, 567; 1991, 11; 2007, 999; 2013, 123)

      NRS 231.190  Commission on Tourism: Salary of appointed members.  Each appointed member of the Commission on Tourism is entitled to receive a salary of $80 for each day’s attendance at a meeting of the Commission.

      (Added to NRS by 1983, 1162; A 1985, 404; 2007, 999)

      NRS 231.200  Commission on Tourism: Powers and duties.  The Commission on Tourism:

      1.  Shall establish the policies and approve the programs and budgets of the Division of Tourism concerning:

      (a) The promotion of tourism and travel in this State; and

      (b) The publication of Nevada Magazine and other promotional material.

      2.  May adopt regulations to administer and carry out the policies and programs of the Division of Tourism.

      3.  May from time to time create special advisory committees to advise it on special problems of tourism. Members of special advisory committees, other than members of the Commission, may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the Commission permits.

      (Added to NRS by 1983, 1162; A 1985, 404; 2011, 2938)

      NRS 231.210  Director: Qualifications; appointment; restrictions on other employment.  The Director:

      1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:

      (a) Voting members of the Commission on Tourism;

      (b) Chair of the Commission for Cultural Affairs;

      (c) Chair of the Board of Museums and History;

      (d) Chair of the Nevada Indian Commission; and

      (e) Chair of the Board of the Nevada Arts Council.

      2.  Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

      (Added to NRS by 1983, 1162; A 1985, 404; 1997, 616; 2007, 999; 2011, 2938; 2013, 123)

      NRS 231.220  Director: Powers and duties.  The Director shall direct and supervise all administrative and technical activities of the Department, including coordinating its plans for tourism, publications and cultural affairs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel, tourism and cultural affairs. In addition to other powers and duties, the Director:

      1.  Shall attend all appropriate meetings of the Department and appoint a staff member to act as Secretary, keeping minutes and audio recordings or transcripts of all appropriate proceedings.

      2.  Shall report regularly to the commissions, divisions and council of the Department concerning the administration of the policies and programs of the Department.

      3.  May perform any other lawful acts which he or she considers necessary to carry out the provisions of NRS 231.161 to 231.360, inclusive.

      (Added to NRS by 1983, 1163; A 2001, 2829; 2005, 1406; 2007, 999; 2011, 2939)

      NRS 231.230  Employees.

      1.  The Department through the Director may:

      (a) Employ such professional, technical, clerical and operational employees as the operation of the Department may require; and

      (b) Employ such experts, researchers and consultants and enter into such contracts with any public or private entities as may be necessary to carry out the provisions of NRS 231.161 to 231.360, inclusive.

      2.  The Director is in the unclassified service of the State.

      3.  Except as otherwise provided in subsection 4, the clerical employees of the Department are in the classified service of the State.

      4.  The Director may appoint to the Department employees in either the classified or unclassified service of the State, in accordance with the historical manner of categorization, unless state or federal law or regulation requires otherwise.

      (Added to NRS by 1983, 1163; A 2007, 999; 2011, 2939)

      NRS 231.240  Fees for materials prepared for distribution.

      1.  The Director may charge reasonable fees for materials prepared for distribution.

      2.  All such fees must be deposited with the State Treasurer for credit to the Department. The fees must first be expended exclusively for materials and labor incident to preparing and printing those materials for distribution. Any remaining fees may be expended, in addition to any other money appropriated, for the support of the Department.

      (Added to NRS by 1983, 1164; A 2007, 1000; 2011, 2939)

      NRS 231.250  Fund for the Promotion of Tourism.  The Fund for the Promotion of Tourism is hereby created as a special revenue Fund. The money in the Fund is hereby appropriated for the support of the Department.

      (Added to NRS by 1983, 476; A 1983, 1174; 2011, 2940)

Division of Tourism

      NRS 231.260  Duties.  The Department, through the Division of Tourism, shall:

      1.  Promote this State so as to increase the number of domestic and international tourists.

      2.  Promote special events and exhibitions which are designed to increase tourism.

      3.  Develop a State Plan to Promote Travel and Tourism in Nevada.

      4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this State or lengthen their stay.

      5.  Provide and administer grants of money or matching grants to political subdivisions of the State, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

      (a) Developing local programs for marketing and advertising which are consistent with the State Plan.

      (b) Promoting specific events and attractions in their communities.

      (c) Evaluating the effectiveness of the local programs and events.

Ê Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 55,000, the Division of Tourism may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.

      6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the State. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the Division of Tourism.

      7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

      8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

      9.  Prepare and publish brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

      10.  Publish or cause to be published a magazine to be known as the Nevada Magazine. The Nevada Magazine must contain materials which educate the general public about this State and thereby foster awareness and appreciation of Nevada’s heritage, culture, historical monuments, natural wonders and natural resources.

      (Added to NRS by 1983, 1163; A 1989, 553, 1912; 2001, 1962; 2011, 1153, 2940; 2013, 3824)

      NRS 231.270  Formation of councils on tourism; production of promotional films; dissemination of information.  In addition to its other duties, the Division of Tourism may:

      1.  Form a statewide council or regional councils on tourism, whose members include representatives from businesses, trade associations and governmental agencies, to provide for exchange of information and coordination of programs on travel and tourism.

      2.  Produce or cooperate in the production of promotional films which are suitable for broadcasting on television and presenting to organizations involved in travel or tourism.

      3.  Establish an office or offices which, by brochure, telephone, press release, videotape and other means, disseminate information on cultural, sporting, recreational and other special events, activities and facilities in the different parts of the State which will attract tourists from inside or outside the State.

      (Added to NRS by 1983, 1164; A 2011, 2940)

Nevada Magazine; Records

      NRS 231.290  Fund for the Nevada Magazine.

      1.  The Fund for the Nevada Magazine is hereby created as an enterprise fund.

      2.  All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the State Treasurer for credit to the Fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  This section does not preclude Nevada Magazine from trading its advertising services for services or products that promote or benefit Nevada Magazine, including, without limitation, travel services which are required by Nevada Magazine, circulation services, sponsorship of awards, memberships, entry fees for trade shows and advertising services with other publications, if:

      (a) A fair market value can be established for the service or product;

      (b) The trade is accounted for in the Fund; and

      (c) The State Board of Examiners approves the trade.

      (Added to NRS by 1983, 455; A 1987, 834; 1989, 744; 2011, 1774)

      NRS 231.300  Use of records and assistance of other state agencies.  In performing his or her duties, the Director shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the Director with data and other information from their records bearing on the objectives of the Department. The Director shall avail himself or herself of records and assistance of such other state agencies as might make a contribution to the work of the Department.

      (Added to NRS by 1983, 1165; A 2007, 1000; 2011, 2941)

Development of Projects Relating to Tourism

      NRS 231.310  Definitions.  As used in NRS 231.310 to 231.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.320, 231.330 and 231.340 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2827)

      NRS 231.320  “Commission” defined.  “Commission” means the Commission on Tourism created by NRS 231.170.

      (Added to NRS by 2001, 2827; A 2011, 2941)

      NRS 231.330  “Development of projects relating to tourism” defined.  “Development of projects relating to tourism” means the development of publicly owned property, facilities and infrastructure within this State to support and attract visitors to this State.

      (Added to NRS by 2001, 2827)

      NRS 231.340  “Grant Program” defined.  “Grant Program” means the Grant Program administered by the Commission.

      (Added to NRS by 2001, 2827; A 2011, 2941)

      NRS 231.360  Powers and duties of Commission on Tourism: Development and administration of Grant Program for Development of Projects Relating to Tourism; sources of money for Program; administration of account.

      1.  The Commission may provide grants of money to counties, cities, and local and regional organizations in this State for the development of projects relating to tourism to the extent that:

      (a) Money in the Fund for the Promotion of Tourism created by NRS 231.250 is made available for that purpose. The amount of revenue from taxes on the gross receipts from the rental of transient lodging made available for that purpose in any biennium must be determined through the budget process and approved by the Legislature.

      (b) Gifts, grants or other money is made available for that purpose.

      2.  Except as otherwise provided in this subsection, the State Controller shall, upon the request of the Commission, transfer to the State General Fund all money made available for the use of the Commission pursuant to subsection 1. All such money must be accounted for separately in the State General Fund. The State Controller shall not transfer any revenue from taxes on the gross receipts from the rental of transient lodging from the Fund for the Promotion of Tourism to the State General Fund unless the transfer is approved by the Interim Finance Committee.

      3.  The Commission shall administer the account created pursuant to subsection 2 and may make grants only from that account. Any interest earned on the money in the account must be credited to the account quarterly. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

      4.  The Commission shall:

      (a) Develop and administer the Grant Program for the Development of Projects Relating to Tourism;

      (b) Establish guidelines for the submission and review of applications to receive money from the Grant Program;

      (c) Establish the criteria for eligibility to receive money from the Grant Program; and

      (d) Consider and approve or disapprove applications for money from the Grant Program.

      5.  Except as otherwise provided in subsection 6, as a condition of eligibility for a grant from the Commission pursuant to this section, an applicant must provide an amount of money, at least equal to the amount of the grant, for the same purpose.

      6.  If an applicant for a grant is from a county whose population is less than 100,000 and the Commission determines that the applicant is financially unable to provide the matching money otherwise required by subsection 5, the Commission may provide a grant with less than equal matching money provided by the applicant.

      (Added to NRS by 2001, 2828; A 2011, 2941)