LAWS OF THE STATE OF NEVADA

…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 1κ

 

LAWS OF THE STATE OF NEVADA

Passed at the

TWENTY-FIFTH SPECIAL SESSION OF THE LEGISLATURE

2008

________

 

CHAPTER 1, AB 2

Assembly Bill No. 2–Committee of the Whole

 

CHAPTER 1

 

AN ACT relating to state financial administration; authorizing the State Treasurer to establish a line of credit under certain circumstances; reducing certain amounts of money budgeted for the 2008-2009 Fiscal Year; providing for the revisions of certain work programs necessary to carry out and process those reductions; suspending temporarily the administration of norm-referenced examinations in public schools; making various other changes relating to state financial administration; and providing other matters properly relating thereto.

 

[Approved: December 9, 2008]

 

Legislative Counsel’s Digest:

      Sections 1 and 3 of this bill authorize the State Treasurer to establish a line of credit on behalf of the State with the Local Government Pooled Investment Fund (Fund) created by NRS 355.167 for an amount that does not exceed $160 million. To establish the line of credit, the State Treasurer may, on or before August 31, 2009, sell notes to the Fund. The proceeds from the sale of the notes, less the costs of issuance, must be deposited into the State General Fund and used for the operation of the State. The notes will earn monthly interest at a rate equal to 25 basis points above the monthly rate of earnings of all the investments of money in the Fund, other than the investments in those notes, during the immediately preceding calendar month. The money borrowed from the Fund must be repaid in periodic installments in such a manner that the entire principal amount borrowed is repaid not later than August 31, 2013. The notes may be resold by the Fund as needed to provide money to any local governments that have invested in the Fund. Section 2 of this bill revises the requirements of the Governor’s proposed executive budget to include debt service on the note or notes.

      Sections 4 and 6 of this bill reduce the current amount of money budgeted for Fiscal Year 2008-2009 for certain programs and services of various state agencies. Section 5 of this bill provides for the transfer of the amount of the reductions provided in section 4 to the State General Fund Budget Reserve Account. The revisions to the work programs required to accomplish these reductions are made only upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, without further legislative approval.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 2 (Chapter 1, AB 2)κ

 

      Section 7 of this bill provides that the norm-referenced examinations required to be administered to pupils pursuant to NRS 389.015 must not be administered during the 2008-2009 School Year to accommodate the budget reduction provided in subsection 2 of section 4 of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Treasurer may, on or before August 31, 2009, in the name and on behalf of the State of Nevada, borrow money and evidence such borrowing by the issuance of one or more notes in an aggregate principal amount that does not exceed $160 million. Each such note:

      (a) Must be issued upon the order of the State Treasurer and pursuant to the provisions of the State Securities Law, except to the extent that those provisions are inconsistent with the provisions of this section; and

      (b) May be issued without the approval of the State Board of Finance or any other board, commission or agency of this State.

Κ For the purposes of this section and the State Securities Law, the State Treasurer shall be deemed to constitute an agency of the State and any order of the State Treasurer authorizing the issuance of a note pursuant to this section shall be deemed to constitute a resolution authorizing the issuance of the note.

      2.  Each note authorized pursuant to this section must be:

      (a) Issued pursuant to a written contract between the State and the Local Government Pooled Investment Fund, under which the Local Government Pooled Investment Fund agrees to invest in the note or notes issued pursuant to this section. The contract must be executed by the Governor on behalf of the State and by the State Treasurer on behalf of the Local Government Pooled Investment Fund.

      (b) Sold to the Local Government Pooled Investment Fund at a price equal to the principal amount borrowed under the note. The total amount invested by the Local Government Pooled Investment Fund in notes issued pursuant to this section must not exceed:

             (1) Twenty-five percent of the book value of the total investments of the Local Government Pooled Investment Fund on the date of the investment by the Local Government Pooled Investment Fund; or

             (2) One hundred sixty million dollars,

Κ whichever is less. The determination as to whether the requirements of this paragraph are satisfied must be made by the State Treasurer on the date of each investment by the Local Government Pooled Investment Fund in a note issued pursuant to this section. Each such determination shall be deemed to be conclusive and is not affected by any subsequent changes in the book value of the total investments of the Local Government Pooled Investment Fund.

      3.  Except as otherwise provided in subsection 6, the principal amount outstanding on any notes issued pursuant to this section must bear interest, payable monthly on the first business day of each calendar month, at a rate equal to 25 basis points above the average monthly rate of earnings of all the investments, other than any investments in notes issued pursuant to this section, of money in the Local Government Pooled Investment Fund during the immediately preceding calendar month.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 3 (Chapter 1, AB 2)κ

 

this section, of money in the Local Government Pooled Investment Fund during the immediately preceding calendar month.

      4.  The total principal amount borrowed on or before August 31, 2009, pursuant to this section must be repaid in installments in such a manner that:

      (a) At least 25 percent of the total principal amount borrowed on or before August 31, 2009, pursuant to this section must be repaid, for Fiscal Year 2009-2010, on or before August 31, 2010;

      (b) At least 50 percent of the total principal amount borrowed on or before August 31, 2009, pursuant to this section must be repaid, for Fiscal Year 2010-2011, on or before August 31, 2011;

      (c) At least 75 percent of the total principal amount borrowed on or before August 31, 2009, pursuant to this section must be repaid, for Fiscal Year 2011-2012, on or before August 31, 2012; and

      (d) The entire total principal amount borrowed on or before August 31, 2009, pursuant to this section must be repaid, for Fiscal Year 2012-2013, on or before August 31, 2013.

Κ The provisions of this subsection do not prohibit the repayment of the principal amount of any note issued pursuant to this section earlier than the dates specified in this subsection.

      5.  Each note issued pursuant to this section constitutes a general obligation of the State, and the full faith and credit of the State is hereby pledged for the payment of the principal of and interest on the note.

      6.  If necessary to provide money to any local governments that have invested in the Local Government Pooled Investment Fund, any note issued pursuant to this section, or any portion thereof, may be sold by the Local Government Pooled Investment Fund upon the direction of the State Treasurer. Each note so sold must:

      (a) Be payable as to principal on or before the dates specified in subsection 4, except that the note may have a fixed maturity date, without option of redemption, so long as the principal amount of all the notes issued pursuant to this section are retired in accordance with subsection 4.

      (b) Bear interest, payable monthly on the first business day of each calendar month, at such a rate or rates as the State Treasurer determines to be sufficient to enable the sale of the note at a price that is not less than the principal amount thereof.

      7.  Notwithstanding any other provision of law to the contrary, any statutory limitation on the rate of interest that would otherwise apply to securities issued by or on behalf of this State shall be deemed not to apply to any rate of interest payable on any notes issued pursuant to this section.

      8.  The proceeds from the sale of any notes pursuant to this section to the Local Government Pooled Investment Fund, net of costs of issuance, must be deposited into the State General Fund and used for the general operation of this State.

      9.  As used in this section, “Local Government Pooled Investment Fund” means the Local Government Pooled Investment Fund created by NRS 355.167.

      Sec. 2.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the Chief are:

      1.  To appraise the quantity and quality of services rendered by each agency in the Executive Department of the State Government, and the needs for such services and for any new services.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 4 (Chapter 1, AB 2)κ

 

      2.  To develop plans for improvements and economies in organization and operation of the Executive Department, and to install such plans as are approved by the respective heads of the various agencies of the Executive Department, or as are directed to be installed by the Governor or the Legislature.

      3.  To cooperate with the State Public Works Board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms for reports on the operations of the agencies in the Executive Department to be required periodically from the several agencies in the Executive Department, and to require the several agencies to make such reports.

      5.  To prepare the executive budget report for the Governor’s approval and submission to the Legislature.

      6.  To prepare a proposed budget for the Executive Department of the State Government for the next 2 fiscal years, which must:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the Executive Department of the State Government, including those operating on funds designated for specific purposes by the Constitution or otherwise, which must include a separate statement of:

             (1) The anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the next 2 fiscal years and of each capital improvement constructed on or after July 1, 1999, which is to be used during those fiscal years or a future fiscal year; and

             (2) The proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during the next 2 fiscal years;

      (c) Set forth all charges for interest and debt redemption during the next 2 fiscal years [;] , including, without limitation, the debt service on the note or notes authorized by section 1 of this act as if the note or notes were issued in the amount necessary to comply with the minimum reserve requirements in NRS 353.213.

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years, and which must, to the extent practicable, provide that each capital project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium; and

      (e) Set forth the anticipated revenues of the State Government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and allotments to the several agencies in the Executive Department, and changes therein.

      8.  To examine and approve statements and reports on the estimated future financial condition and the operations of the agencies in the Executive Department of the State Government and the several budgetary units that have been prepared by those agencies and budgetary units, before the reports are released to the Governor, to the Legislature or for publication.

      9.  To receive and deal with requests for information as to the budgetary status and operations of the executive agencies of the State Government.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 5 (Chapter 1, AB 2)κ

 

      10.  To prepare such statements of unit costs and other statistics relating to cost as may be required from time to time, or requested by the Governor or the Legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate proposed budget for the Executive Department of the State Government of the State of Nevada as the Governor may require.

      Sec. 3.  NRS 355.167 is hereby amended to read as follows:

      355.167  1.  The Local Government Pooled Investment Fund is hereby created as an agency fund to be administered by the State Treasurer.

      2.  Any local government, as defined in NRS 354.474, may deposit its money with the State Treasurer for credit to the Fund for purposes of investment.

      3.  The State Treasurer may invest the money of the Fund:

      (a) In securities which have been authorized as investments for a local government by any provision of NRS or any special law.

      (b) In time certificates of deposit in the manner provided by NRS 356.015.

      (c) In notes authorized by section 1 of this act.

      4.  The State Treasurer may lend securities in which he invests pursuant to subsection 3 or NRS 355.165 if he receives collateral from the borrower in the form of cash or marketable securities that are:

      (a) Acceptable to the State Treasurer; and

      (b) At least 102 percent of the value of the securities borrowed.

Κ The State Treasurer may enter into such contracts as are necessary to extend and manage loans pursuant to this subsection.

      5.  Each local government that elects to deposit money with the State Treasurer for such an investment must:

      (a) Upon the deposit, inform him in writing how long a period the money is expected to be available for investment.

      (b) At the end of the period, notify him in writing whether it wishes to extend the period.

      6.  If a local government wishes to withdraw any of its money before the end of the period of investment, it must make a written request to the State Treasurer. Whenever he is required to sell or liquidate invested securities because of a request for early withdrawal, any penalties or loss of interest incurred must be charged against the deposit of the local government which requested the early withdrawal.

      7.  All interest received on money of the Fund must be deposited for credit to the Fund.

      8.  The State Treasurer may assess reasonable charges against the Fund for reimbursement of the expenses which he incurs in administering the Fund. The amount of the assessments must be transferred to an account within the State General Fund for use of the State Treasurer in carrying out the provisions of this section.

      9.  At the end of each quarter of each fiscal year, the State Treasurer shall:

      (a) Compute the proportion of the total deposits in the Fund which were attributable during the quarter to each local government;

      (b) Apply that proportion to the total amount of interest received during the quarter on invested money of the Fund; and

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 6 (Chapter 1, AB 2)κ

 

      (c) Pay to each participating local government or reinvest upon its instructions its proportionate share of the interest, as computed pursuant to paragraphs (a) and (b), less the proportionate amounts of the assessments for the expenses of administration.

      10.  The State Treasurer may adopt reasonable regulations to carry out the provisions of this section.

      Sec. 4.  Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:

      1.  For the work program for Budget Account 101-1526, Commission on Economic Development, by transferring $1,355,414 to Category 93, Reserve for Reversion, within that Account.

      2.  For the work program for Budget Account 101-2697, Department of Education - Proficiency Testing, by transferring $476,235 to Category 93, Reserve for Reversion, within that Account.

      3.  For the work program for Budget Account 101-2699, Department of Education - Other State Education Programs Account, by transferring $300,000 to Category 93, Reserve for Reversion, within that Account.

      4.  For the work programs for various budget accounts within the Nevada System of Higher Education, by transferring $4,099,004 in workers’ compensation assessments to Category 93, Reserve for Reversion, within those accounts.

      5.  For the work program for Budget Account 101-3266, Department of Health and Human Services - Community-Based Services, by transferring $500,000 to Category 93, Reserve for Reversion, within that Account.

      6.  For the work program for:

      (a) Budget Account 101-3243, Division of Health Care Financing and Policy of the Department of Health and Human Services - Medicaid, by transferring $6,700,000 to Category 93, Reserve for Reversion, within that Account.

      (b) Budget Account 101-3178, Division of Health Care Financing and Policy of the Department of Health and Human Services - Nevada Check-Up, by transferring $100,000 to Category 93, Reserve for Reversion, within that Account.

      7.  For the work program for Budget Account 101-3243, Division of Health Care Financing and Policy of the Department of Health and Human Services - Medicaid, by transferring $1,490,536 to Category 93, Reserve for Reversion, within that Account.

      8.  For the work program for Budget Account 101-3243, Division of Health Care Financing and Policy of the Department of Health and Human Services - Medicaid, by transferring $2,200,000 to Category 93, Reserve for Reversion, within that Account.

      9.  For the work program for Budget Account 101-3252, Aging Services Division of the Department of Health and Human Services - EPS/Homemaker Program, by transferring $350,000 to Category 93, Reserve for Reversion, within that Account.

      10.  From the applicable budgets within the Department of Health and Human Services, transfer a total of $3,950,000 to category 93, reserve for reversion, within those accounts. The applicable budgets will be reimbursed from budget account 101-3230, Division of Welfare and Supportive Services of the Department of Health and Human Services - Temporary Assistance for Needy Families (TANF) in a like amount or within the eligible limits allowed by federal law with funds made available through the federal TANF program (Title IV of the Social Security Act).

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 7 (Chapter 1, AB 2)κ

 

of the Department of Health and Human Services - Temporary Assistance for Needy Families (TANF) in a like amount or within the eligible limits allowed by federal law with funds made available through the federal TANF program (Title IV of the Social Security Act).

      11.  For the work program for:

      (a) Budget Account 101-3233, Division of Welfare and Supportive Services of the Department of Health and Human Services - Field Services, by transferring $128,947 to Category 93, Reserve for Reversion, within that Account.

      (b) Budget Account 101-3228, Division of Welfare and Supportive Services of the Department of Health and Human Services - Welfare Administration, by transferring $79,450 to Category 93, Reserve for Reversion, within that Account.

      12.  For the work program for Budget Account 101-3238, Division of Welfare and Supportive Services of the Department of Health and Human Services - Child Support Enforcement, by transferring $250,000 to Category 93, Reserve for Reversion, within that Account.

      13.  For the work program for:

      (a) Budget Account 101-3161, Division of Mental Health and Developmental Services of the Department of Health and Human Services - Southern Nevada Adult Mental Health Services, by transferring $9,326,900 to Category 93, Reserve for Reversion, within that Account.

      (b) Budget Account 101-3162, Division of Mental Health and Developmental Services of the Department of Health and Human Services - Northern Nevada Adult Mental Health Services, by transferring $2,072,411 to Category 93, Reserve for Reversion, within that Account.

      14.  For the work program for Budget Account 101-3213, Health Division of the Department of Health and Human Services - Immunization Program (Immunization Information System), by transferring $118,257 to Category 93, Reserve for Reversion, within that Account.

      15.  For the work program for Budget Account 101-3259, Division of Child and Family Services of the Department of Health and Human Services - Nevada Youth Training Center, by transferring $372,000 to Category 93, Reserve for Reversion, within that Account.

      16.  For the work program for Budget Account 101-3179, Division of Child and Family Services of the Department of Health and Human Services - Caliente Youth Center, by transferring $400,000 to Category 93, Reserve for Reversion, within that Account.

      17.  For the work program for Budget Account 101-3143, Division of Child and Family Services of the Department of Health and Human Services - UNITY/SACWIS, by transferring $112,000 to Category 93, Reserve for Reversion, within that Account.

      18.  For the work program for Budget Account 101-3650, Office of the Military, by transferring $375,000 to Category 93, Reserve for Reversion, within that Account.

      19.  For the work program for Budget Account 101-3711, Department of Corrections - Correctional Programs, by transferring $188,416 to Category 93, Reserve for Reversion, within that Account.

      20.  For the work program for Budget Account 101-4730, Department of Public Safety - One-Shots, by transferring $260,404 to Category 93, Reserve for Reversion, within that Account.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 8 (Chapter 1, AB 2)κ

 

      21.  For the work program for Budget Account 101-4661, Department of Transportation - A.B. 544 Highway Projects, by transferring $30,000,000 to Category 93, Reserve for Reversion, within that Account.

      22.  For the work program for Budget Account 101-4540, Plant Industry Division of the State Department of Agriculture, by transferring $90,000 to Category 93, Reserve for Reversion, within that Account.

      23.  For the work program for Budget Account 101-3813, Division of Insurance of the Department of Business and Industry - Insurance Regulation, by transferring $135,150 to Category 93, Reserve for Reversion, within that Account.

      24.  For the work program for Budget Account 101-3952, Nevada Athletic Commission, by transferring $100,000 to Category 93, Reserve for Reversion, within that Account.

      25.  For the work program for Budget Account 101-4173, Division of State Lands of the State Department of Conservation and Natural Resources, by transferring $48,699 to Category 93, Reserve for Reversion, within that Account.

      26.  For the work program for Budget Account 101-4173, Division of State Lands of the State Department of Conservation and Natural Resources, by transferring $27,913 to Category 93, Reserve for Reversion, within that Account.

      27.  For the work program for Budget Account 101-3265, Bureau of Vocational Rehabilitation of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, by transferring $514,641 to Category 93, Reserve for Reversion, within that Account.

      28.  For the work program for Budget Account 101-3254, Bureau of Services to Persons Who Are Blind or Visually Impaired of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, by transferring $128,661 to Category 93, Reserve for Reversion, within that Account.

      Sec. 5.  Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, in each budget account pursuant to section 4 of this act must, as soon as practicable, be transferred to Budget Account 101-9081, Budget Reserve, and must be reverted to the State General Fund at the close of Fiscal Year 2008-2009, not later than September 18, 2009.

      Sec. 6.  Notwithstanding any other provision of law to the contrary, upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the following work programs must be processed and carried out, as soon as practicable, without further legislative approval:

      1.  For the work program for Budget Account 101-2615, Department of Education - Account for Programs for Innovation and the Prevention of Remediation, by transferring $240,000 to Category 93, Reserve for Reversion, within that Account.

      2.  For the work program for Budget Account 101-2363, Aging Services Division of the Department of Health and Human Services - Senior Citizens Property Tax Assistance Program, by transferring $450,000 to Category 93, Reserve for Reversion, within that Account.

      Sec. 7.  Notwithstanding the provisions of NRS 389.015 to the contrary, the norm-referenced examinations required to be administered to pupils enrolled in grades 4, 7 and 10 pursuant to that section must not be administered in the public schools of this State during the 2008-2009 School Year.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 9 (Chapter 1, AB 2)κ

 

administered in the public schools of this State during the 2008-2009 School Year. Any requirements relating to the reporting of the test scores of pupils on those examinations that would otherwise be administered during that School Year are also suspended.

      Sec. 8.  The provisions of this act shall be deemed not to reduce the amount of any appropriation as that amount is used for the purpose of establishing a base amount for any calculation that includes that appropriation.

      Sec. 9.  If any provision of this act, or the application thereof to any person, thing or circumstance, is held invalid, such invalidity shall not affect any provision or application of this act which can be given effect without the invalid provision or application, and to this end the Legislature declares that:

      1.  Each provision of this act is severable and independent;

      2.  The Legislature would have passed this act and each valid provision thereof, irrespective of the invalid provision or application; and

      3.  Each valid provision or application must be given effect to the fullest extent possible, irrespective of the invalid provision or application.

      Sec. 10.  1.  This act becomes effective upon passage and approval.

      2.  Section 2 of this act expires by limitation on June 30, 2011.

      3.  Sections 1 and 3 of this act expire by limitation on August 31, 2013.

________

 

CHAPTER 2, AB 1

Assembly Bill No. 1–Committee of the Whole

 

CHAPTER 2

 

AN ACT relating to state financial administration; requiring the transfer of certain money to the State General Fund; and providing other matters properly relating thereto.

 

[Approved: December 9, 2008]

 

Legislative Counsel’s Digest:

      Sections 1-17 of this bill require the State Controller to transfer various sums of money from certain funds and accounts to the State General Fund Budget Reserve to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. Section 18 of this bill provides that the transfers of money made in sections 1-17 do not apply to the extent that they would constitute an impairment of the rights of holders of bonds or similar obligations issued by the State. Section 21 of this bill requires that the balance of the money transferred pursuant to sections 1-17 reverts to the State General Fund at the close of Fiscal Year 2008-2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $1,016,355 from the Nevada Economic Development Fund created by NRS 231.153 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 10 (Chapter 2, AB 1)κ

 

      Sec. 2.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $2,835,000 from the Fund for the Promotion of Tourism created by NRS 231.250 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 3.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $3,500,000 from the Account for Low-Income Housing created by NRS 319.500 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 4.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $250,000 from the Homeowner Disaster Relief Account created pursuant to chapter 432, Statutes of Nevada 2005, at page 1933, to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 5.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $4,000,000 from money deposited in the Estate Tax Account in the Endowment Fund of the Nevada System of Higher Education pursuant to NRS 375A.700 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 6.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $300,000 from the Fund for the Support of the Division of Museums and History of the Department of Cultural Affairs created by NRS 381.0064 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 7.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $5,000,000 from the Millennium Scholarship Trust Fund created by NRS 396.926 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 8.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $500,000 from the Emergency Assistance Subaccount within the Disaster Relief Account created by NRS 414.135 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 9.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $800,000 from the Account for Services for Persons With Impaired Speech or Hearing created by NRS 426.295 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 11 (Chapter 2, AB 1)κ

 

Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 10.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $25,000,000 from the Indigent Accident Account deposited in Budget Account 628-3244 of the Fund for Hospital Care to Indigent Persons created by NRS 428.175 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 11.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer an amount not to exceed $1,000,000 from the Pollution Control Account created by NRS 445B.830 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. The transfer required by this section must be made only from money in the Pollution Control Account that exceeds the $1,000,000 in reserve funds that must be maintained in the Account.

      Sec. 12.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer an amount not to exceed $2,500,000 from the annual slot receipts deposited during Fiscal Year 2008-2009 from the Special Capital Construction Fund for Higher Education created by NRS 463.385 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 13.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer an amount not to exceed $14,000,000 from the Account for Verification of Insurance created by NRS 482.480 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State. The transfer required by this section must be made only from money in the Account for Verification of Insurance that exceeds the $500,000 in reserve funds that must be maintained in the Account.

      Sec. 14.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $550,000 from the Account for Education and Recovery Relating to Manufactured Housing created within the Fund for Manufactured Housing by NRS 489.4971 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 15.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $259,000 from the Recovery Fund created pursuant to NRS 598.371 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 16.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $3,500,000 from the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities created by NRS 617.1675 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 12 (Chapter 2, AB 1)κ

 

created by NRS 617.1675 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 17.  Notwithstanding any provision of law to the contrary, the State Controller shall transfer the sum of $800,000 from the Public Utilities Commission Regulatory Fund created by NRS 703.147 to Budget Account 101-9081, Budget Reserve, for unrestricted State General Fund use to offset the difference between projected revenues and collections and to be used only as necessary to meet existing and future obligations of the State.

      Sec. 18.  The provisions of this act do not apply to the extent that the provisions would constitute an impairment of the rights of holders of the bonds or similar obligations issued by the State of Nevada or a political subdivision thereof. If there are any such outstanding bonds or obligations, the State of Nevada and its officers and agencies shall take whatever actions that are deemed necessary to protect the interests of the State and the rights of the holders of the bonds and similar obligations.

      Sec. 19.  The provisions of this act shall be deemed not to reduce the amount of any appropriation as that amount is used for the purpose of establishing a base amount for any calculation that includes that appropriation.

      Sec. 20.  If any provision of this act, or the application thereof to any person, thing or circumstance, is held invalid, such invalidity shall not affect any provision or application of this act which can be given effect without the invalid provision or application, and to this end the Legislature declares that:

      1.  Each provision of this act is severable and independent;

      2.  The Legislature would have passed this act and each valid provision thereof, irrespective of the invalid provision or application; and

      3.  Each valid provision or application must be given effect to the fullest extent possible, irrespective of the invalid provision or application.

      Sec. 21.  Notwithstanding any other provision of law to the contrary, transfers of money to Budget Account 101-9081, Budget Reserve, that are required pursuant to the provisions of this act must be made as soon as practicable when the money becomes available, and the balance of that money must be reverted to the State General Fund at the close of Fiscal Year 2008-2009, not later than September 18, 2009.

      Sec. 22.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 13κ

 

CHAPTER 3, SB 1

Senate Bill No. 1–Committee of the Whole

 

CHAPTER 3

 

AN ACT relating to state financial administration; temporarily revising the provisions governing the disposition of revenue received by the State from the lease of federal lands; and providing other matters properly relating thereto.

 

[Approved: December 9, 2008]

 

Legislative Counsel’s Digest:

      Under existing law, the first $7 million received by the State of Nevada in each fiscal year pursuant to 30 U.S.C. § 191 (section 35 of the Mineral Leasing Act of 1920, as amended) is required to be deposited in the State Distributive School Account (NRS 387.030), and any amount in excess of that threshold is required to be deposited in the Account for Revenue from the Lease of Federal Lands for distribution predominantly to the counties from which certain fuels, minerals and geothermal resources are extracted. (NRS 328.450-328.470) Existing federal law provides that the money received by states pursuant to the provisions of the Mineral Leasing Act of 1920 must be used by the “State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under [Chapter 3A of Title 30 of the United States Code], for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service.” (30 U.S.C. § 191(a))

      For the entire period of Fiscal Year 2008-2009, this bill: (1) abolishes the Account for Revenue from the Lease of Federal Lands; (2) requires that all money received by the State pursuant to 30 U.S.C. § 191 be deposited in the State Distributive School Account; (3) provides for the transfer from the Account for Revenue from the Lease of Federal Lands to the State Distributive School Account any money that is in the Account for Revenue from the Lease of Federal Lands on the date on which this bill is enacted; and (4) requires that the money received by the State pursuant to 30 U.S.C. § 191 be used in a manner consistent with the applicable provisions of federal law. This bill sunsets on June 30, 2009, and therefore any money received by the State pursuant to 30 U.S.C. § 191 for Fiscal Year 2009-2010 and subsequent fiscal years will be disposed of in the manner required before July 1, 2008.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 328.450 is hereby amended to read as follows:

      328.450  1.  The State Treasurer shall deposit in the State Distributive School Account in the State General Fund money received in each fiscal year pursuant to 30 U.S.C. § 191 . [in an amount not to exceed $7,000,000.

      2.  Any amount received in a fiscal year by the State Treasurer pursuant to 30 U.S.C. § 191 in excess of $7,000,000 must be deposited in the Account for Revenue from the Lease of Federal Lands, which is hereby created.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.]

      2.  The money deposited in the State Distributive School Account pursuant to subsection 1 must be used in a manner consistent with the applicable provisions of federal law.

      Sec. 2.  NRS 328.460 and 328.470 are hereby repealed.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 14 (Chapter 3, SB 1)κ

 

      Sec. 3.  As soon as practicable after the effective date of this act, at the time the Account for Revenue from the Lease of Federal Lands is abolished, the State Treasurer shall ensure that any money in the Account for Revenue from the Lease of Federal Lands is transferred to the State Distributive School Account in the State General Fund.

      Sec. 4.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2008, and expires by limitation on June 30, 2009.

________

 

CHAPTER 4, SB 2

Senate Bill No. 2–Committee of the Whole

 

CHAPTER 4

 

AN ACT relating to state financial administration; temporarily accelerating the collection of the tax upon the net proceeds of minerals; temporarily requiring persons who extract minerals to pay the tax on the net proceeds of the estimated royalties that will be paid for that year; temporarily reducing various allowances for the collection of sales and use taxes and taxes on intoxicating liquor, cigarettes and other tobacco products; temporarily requiring the distribution to the State of an additional portion of the recovery surcharge fee collected from short-term lessees of passenger cars; and providing other matters properly relating thereto.

 

[Approved: December 9, 2008]

 

Legislative Counsel’s Digest:

      Existing law provides for the taxation of the net proceeds of minerals based upon the actual net proceeds from the preceding calendar year. (NRS 362.100-362.240) Existing law requires the person extracting any mineral in this State to file a statement which shows the estimated gross yield and estimated net proceeds from each operation for the current calendar year and an estimate of all royalties that will be paid during the current calendar year. (NRS 362.115) Sections 1-5 of this bill require advance payment of the tax based upon the estimated net proceeds and royalties for the current calendar year. Section 16 of this bill provides that the collection of the tax on net proceeds of minerals reverts back to the former method of collection on actual proceeds beginning on July 1, 2011.

      Sections 6-11 of this bill reduce the collection allowances applicable to taxes on intoxicating liquor, cigarettes and other products made from tobacco, and sales and use taxes, from 0.5 percent to 0.25 percent of the taxes otherwise due. Section 16 of this bill limits these reductions to the period beginning on January 1, 2009, and ending on June 30, 2009.

      Existing law requires a short-term lessor of a passenger car to collect a recovery surcharge fee of 4 percent from the short-term lessee, and requires the deposit of one-quarter of that fee into the State Highway Fund. (NRS 482.313) Section 12 of this bill requires the deposit of an additional one-quarter of that fee into the State General Fund. Section 15 of this bill limits the applicability of this additional deposit to fees collected during the period beginning on January 1, 2009, and ending on June 30, 2009.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 15 (Chapter 4, SB 2)κ

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 362.110 is hereby amended to read as follows:

      362.110  1.  Every person extracting any mineral in this State : [or receiving any royalty:]

      (a) Shall, on or before February 16 of each year, file with the Department a statement showing the gross yield and claimed net proceeds from each geographically separate operation where a mineral is extracted by that person during the calendar year immediately preceding the year in which the statement is filed.

      (b) May have up to 30 days after filing the statement required by paragraph (a) to file an amended statement.

      2.  The statement must:

      (a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. The deductions are limited to the costs incurred during the calendar year immediately preceding the year in which the statement is filed.

      (b) Be in the form prescribed by the Department.

      (c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the operation, or, if the owner is a natural person, by someone authorized in his behalf.

      [3.  Each recipient of a royalty as described in subsection 1 shall annually file with the Department a list showing each of the lessees responsible for taxes due in connection with the operation or operations included in the statement filed pursuant to subsections 1 and 2.]

      Sec. 2.  NRS 362.115 is hereby amended to read as follows:

      362.115  1.  In addition to the statement required by subsection 1 of NRS 362.110, each person extracting any mineral in this State [shall,] :

      (a) Shall, on or before March 1 of each year, file with the Department a statement showing the estimated gross yield and estimated net proceeds from each such operation for the entire current calendar year and an estimate of all royalties that will be paid during the current calendar year [.] and shall pay the tax upon the net proceeds and upon the royalties so estimated. The estimated payment may be reduced by the amount of any credit to which the taxpayer is entitled pursuant to NRS 362.130. The amount of the tax paid upon royalties must be deducted from the payment of the royalties.

      (b) May file with the Department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31, and pay any additional amount due. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied pursuant to paragraph (a). If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the Department not later than the last day of the month following the end of the calendar quarter and payment must be made within 30 days after filing any quarterly report that indicates an additional estimated tax liability.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 16 (Chapter 4, SB 2)κ

 

      2.  The Department shall:

      (a) Use the statement filed pursuant to subsection 1 [only] to prepare estimates for use by local governments in the preparation of their budgets; and

      (b) Submit those estimates to the affected local governments on or before March 15 of each year.

      Sec. 3.  NRS 362.130 is hereby amended to read as follows:

      362.130  1.  When the Department determines from the annual statement filed pursuant to NRS 362.110 the net proceeds of any minerals extracted, it shall prepare its certificate of the amount of the net proceeds , the amount of the estimated tax paid in the prior calendar year pursuant to paragraph (a) of subsection 1 of NRS 362.115 and any additional payments made pursuant to paragraph (b) of subsection 1 of that section, and the balance of the tax due , if any, and shall send a copy to the owner [of the mine,] or operator of the mine . [or recipient of the royalty, as the case may be.]

      2.  The certificate must be prepared and mailed not later than:

      (a) April 20 immediately following the month of February during which the statement was filed; or

      (b) April 30 immediately thereafter if an amended statement is filed in a timely manner.

      3.  The tax due as indicated in the certificate prepared pursuant to this section and any penalty must be paid on or before May 10 of the year in which the certificate is received.

      4.  If the amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is less than 90 percent of the amount certified pursuant to this section, the amount due must include a penalty of 10 percent of the amount by which the tax was underpaid unless:

      (a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115 in the prior calendar year is equal to or greater than the total liability of the operation for the preceding calendar year; or

      (b) The person files quarterly reports pursuant to paragraph (b) of subsection 1 of NRS 362.115 in a timely manner for that year and the total of all payments exceeds 90 percent of the amount certified.

      5.  If an overpayment was made, the overpayment may be credited toward the payment due on [May 10] March 1 of the next calendar year. If the certificate prepared pursuant to this section shows a net loss for the year covered by the certificate or an amount of tax due for that year which is less than an overpayment made for the preceding year, the amount or remaining amount of the overpayment must be refunded to the taxpayer within 30 days after the certification was sent to the taxpayer.

      Sec. 4.  NRS 362.170 is hereby amended to read as follows:

      362.170  1.  There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, as estimated and paid pursuant to NRS 362.115, plus any amounts paid pursuant to NRS 362.130 by the combined rate of tax ad valorem [,] for the fiscal year to which the payments apply, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year [.]

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 17 (Chapter 4, SB 2)κ

 

the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year [.] and the estimate provided pursuant to NRS 362.115 for the current calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year. The Department shall report to the State Controller any additional payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 within 15 days after receipt of the payment, and the State Controller shall distribute the money to the appropriate county within 5 days after receipt of the report from the Department. For the purposes of this subsection, payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 apply to the fiscal year in which the statement of the estimated net proceeds is filed pursuant to paragraph (a) of subsection 1 of NRS 362.115.

      2.  The county treasurer shall apportion to each local government or other local entity an amount calculated by:

      (a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;

      (b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to that local government or local entity; and

      (c) Subtracting from the amount determined pursuant to paragraph (b) a commission of 5 percent of that amount, of which 3 percent must be deposited in the county general fund and 2 percent must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.

      3.  The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.

      4.  The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

      Sec. 5.  NRS 362.170 is hereby amended to read as follows:

      362.170  1.  There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, as estimated and paid pursuant to NRS 362.115, plus any amounts paid pursuant to NRS 362.130 by the combined rate of tax ad valorem [,] for the fiscal year to which the payments apply, excluding any rate levied by the State of Nevada, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the [final statement made in February of that year] estimate provided pursuant to NRS 362.115 for the current calendar year and any adjustments made pursuant to NRS 362.130 for the preceding calendar year.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 18 (Chapter 4, SB 2)κ

 

to NRS 362.130 for the preceding calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year. The Department shall report to the State Controller any additional payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 within 15 days after receipt of the payment, and the State Controller shall distribute the money to the appropriate county within 5 days after receipt of the report from the Department. For the purposes of this subsection, payments made pursuant to paragraph (b) of subsection 1 of NRS 362.115 apply to the fiscal year in which the statement of the estimated net proceeds is filed pursuant to paragraph (a) of subsection 1 of NRS 362.115.

      2.  The county treasurer shall apportion to each local government or other local entity an amount calculated by:

      (a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity;

      (b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to that local government or local entity; and

      (c) Subtracting from the amount determined pursuant to paragraph (b) a commission of 3 percent of that amount which must be deposited in the county general fund.

      3.  The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.

      4.  The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

      Sec. 6.  NRS 369.370 is hereby amended to read as follows:

      369.370  1.  For the privilege of importing, possessing, storing or selling liquors, all licensed importers and manufacturers of liquor in this State shall pay the excise tax imposed and established by this chapter.

      2.  If, after the tax is paid on any such liquor, satisfactory evidence is presented to the Department that the imports have been actually exported and sold outside this State in a manner not in conflict with the law of the place of sale, the Department shall direct that a refund or credit of the tax so paid be made to the taxpayer. The taxpayer shall report all such exports and imports, and pay the tax on the imports monthly, on forms and subject to regulations prescribed by the Department.

      3.  The excise tax imposed by this chapter is due on or before the 20th day of the following month. If all such taxes are paid on or before the 15th day of the following month, a discount in the amount of [0.5] 0.25 percent of the tax must be allowed to the taxpayer. The Department may, for good cause, extend for not more than 15 days after the date the tax is due the time for paying the tax if a request for such an extension of time is received by the Department on or before the date the tax was due. If such an extension is granted, interest accrues from the original date the tax was due.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 19 (Chapter 4, SB 2)κ

 

      4.  The Department shall allow refunds or credits on any shipments lost, stolen or damaged in transit, or damaged or spoiled on the premises, may require all claims in connection therewith to be sworn to and may make ratable tax adjustments, credits or refunds to effectuate the purposes of this chapter.

      Sec. 7.  NRS 370.220 is hereby amended to read as follows:

      370.220  In the sale of any cigarette revenue stamps or any metered machine settings to a licensed cigarette dealer, the Department and its agents shall allow the purchaser a discount of [0.5] 0.25 percent against the amount of excise tax otherwise due for the services rendered in affixing cigarette revenue stamps or metered machine impressions to the cigarette packages.

      Sec. 8.  NRS 370.450 is hereby amended to read as follows:

      370.450  1.  Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this State a tax of 30 percent of the wholesale price of those products.

      2.  The provisions of subsection 1 do not apply to those products which are:

      (a) Shipped out of the State for sale and use outside the State;

      (b) Displayed or exhibited at a trade show, convention or other exhibition in this State by a manufacturer or wholesale dealer who is not licensed in this State; or

      (c) Acquired free of charge at a trade show, convention or other exhibition or public event in this State, and which do not have significant value as determined by the Department by regulation.

      3.  This tax must be collected and paid by the wholesale dealer to the Department, in accordance with the provisions of NRS 370.465, after the sale or distribution of those products by the wholesale dealer. The wholesale dealer is entitled to retain [0.5] 0.25 percent of the taxes collected to cover the costs of collecting and administering the taxes if the taxes are paid in accordance with the provisions of NRS 370.465.

      4.  Any wholesale dealer who sells or distributes any of those products without paying the tax provided for by this section is guilty of a misdemeanor.

      Sec. 9.  NRS 370.490 is hereby amended to read as follows:

      370.490  1.  The Department shall allow a credit of 30 percent of the wholesale price, less a discount of [0.5] 0.25 percent for the services rendered in collecting the tax, for products made from tobacco, other than cigarettes, upon which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.

      2.  A credit must also be granted for any products made from tobacco, other than cigarettes, shipped from this State and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.

      3.  A wholesale dealer may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 20 (Chapter 4, SB 2)κ

 

      Sec. 10.  NRS 372.370 is hereby amended to read as follows:

      372.370  1.  Except as otherwise provided in subsection 2, if the taxes imposed by this chapter are paid in accordance with NRS 372.355, a taxpayer may deduct and withhold from the taxes otherwise due from him [0.5] 0.25 percent of those taxes to reimburse himself for the cost of collecting the tax.

      2.  The regulations adopted by the Department pursuant to NRS 360B.110 may authorize the deduction and withholding from the taxes otherwise due from a taxpayer such other amounts as are required to carry out the Streamlined Sales and Use Tax Agreement.

      Sec. 11.  NRS 374.375 is hereby amended to read as follows:

      374.375  1.  Except as otherwise provided in subsection 2, if the taxes imposed by this chapter are paid in accordance with NRS 374.360, a taxpayer may deduct and withhold from the taxes otherwise due from him [0.5] 0.25 percent thereof to reimburse himself for the cost of collecting the tax.

      2.  The regulations adopted by the Department pursuant to NRS 360B.110 may authorize the deduction and withholding from the taxes otherwise due from a taxpayer such other amounts as are required to carry out the Streamlined Sales and Use Tax Agreement.

      Sec. 12.  NRS 482.313 is hereby amended to read as follows:

      482.313  1.  Upon the lease of a passenger car by a short-term lessor in this State, the short-term lessor shall charge and collect from the short-term lessee:

      (a) A governmental services fee of 6 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 7;

      (b) Any fee required pursuant to NRS 244A.810 or 244A.860; and

      (c) A recovery surcharge fee of 4 percent of the total amount for which the passenger car was leased, excluding the items described in subsection 8, as reimbursement for vehicle licensing fees and taxes paid by the short-term lessor.

Κ The amount of each fee charged pursuant to this subsection must be indicated in the lease agreement.

      2.  The fees due from a short-term lessor to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the short-term lessor shall:

      (a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of:

             (1) Each of the fees collected by the short-term lessor pursuant to subsection 1 during the immediately preceding calendar quarter; and

             (2) Vehicle licensing fees and taxes paid by the short-term lessor pursuant to this chapter during the immediately preceding calendar quarter.

      (b) Remit to the Department of Taxation:

             (1) The fees collected by the short-term lessor pursuant to paragraphs (a) and (b) of subsection 1 during the immediately preceding calendar quarter; and

             (2) [One-quarter] One-half of the fees collected by the short-term lessor pursuant to paragraph (c) of subsection 1 during the immediately preceding calendar quarter.

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 21 (Chapter 4, SB 2)κ

 

      3.  Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit [all] :

      (a) All the money received from short-term lessors pursuant to the provisions of [:

      (a) Subparagraph] subparagraph (1) of paragraph (b) of subsection 2 with the State Treasurer for credit to the State General Fund; [and

      (b) Subparagraph]

      (b) One-half of the money received from short-term lessors pursuant to the provisions of subparagraph (2) of paragraph (b) of subsection 2 with the State Treasurer for credit to the State General Fund; and

      (c) One-half of the money received from short-term lessors pursuant to the provisions of subparagraph (2) of paragraph (b) of subsection 2 with the State Treasurer for credit to the State Highway Fund for administration pursuant to subsection 8 of NRS 408.235.

      4.  To ensure compliance with this section, the Department of Taxation may audit the records of a short-term lessor.

      5.  The provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of this chapter.

      6.  The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a short-term lessor that the Department of Taxation considers necessary to collect the fees described in subsection 1.

      7.  For the purposes of charging and collecting the governmental services fee described in paragraph (a) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of the fees charged and collected pursuant to paragraphs (b) and (c) of subsection 1;

      (b) The amount of any charge for fuel used to operate the passenger car;

      (c) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and

      (e) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible.

      8.  For the purposes of charging and collecting the recovery surcharge fee described in paragraph (c) of subsection 1, the following items must not be included in the total amount for which the passenger car was leased:

      (a) The amount of the fees charged and collected pursuant to paragraphs (a) and (b) of subsection 1;

      (b) The amount of any charge for a collision damage waiver or a similar instrument that acts as a waiver of the short-term lessor’s right to collect from the short-term lessee for any damage to the passenger car;

      (c) The amount of any charge for fuel used to operate the passenger car;

      (d) The amount of any fee or charge for the delivery, transportation or other handling of the passenger car;

      (e) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property;

      (f) The amount of any charges assessed against a short-term lessee for damages for which the short-term lessee is held responsible; and

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 22 (Chapter 4, SB 2)κ

 

      (g) The amount of any concession fee or charge that the short-term lessor:

             (1) Is required to pay to do business at an airport, if applicable; and

             (2) Passes on to the short-term lessee of the passenger car.

      9.  The Executive Director of the Department of Taxation shall:

      (a) Adopt such regulations as he determines are necessary to carry out the provisions of this section; and

      (b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.

      10.  As used in this section, “vehicle licensing fees and taxes” means:

      (a) The fees paid by a short-term lessor for the registration of, and the issuance of certificates of title for, the passenger cars leased by him; and

      (b) The basic and supplemental governmental services taxes paid by the short-term lessor with regard to those passenger cars.

      Sec. 13.  NRS 519.130 is hereby amended to read as follows:

      519.130  1.  Except as otherwise provided in subsection 4, every person or firm engaged in the business of assaying within this state shall, in each report or other document containing the results of an assay conducted by the person or firm which is created or produced for a commercial purpose, provide in the report or document a statement, prominently displayed and in bold type, which reads substantially as follows:

 

The results of this assay were based solely upon the content of the sample submitted. Any decision to invest should be made only after the potential investment value of the claim or deposit has been determined based on the results of assays of multiple samples of geologic materials collected by the prospective investor or by a qualified person selected by him and based on an evaluation of all engineering data which is available concerning any proposed project.

 

      2.  Any person or firm who knowingly violates the provisions of subsection 1 is:

      (a) For the first violation, guilty of a misdemeanor.

      (b) For a second or subsequent violation, guilty of a gross misdemeanor.

      3.  The right to enforce the provisions of this section vests exclusively in the Attorney General.

      4.  The provisions of this section do not apply to a person who is required to file an annual statement [or list] pursuant to the provisions of NRS 362.110.

      5.  As used in this section, “business of assaying” means a business that determines the elemental composition of samples of geologic materials for a fee or other valuable consideration.

      Sec. 14.  1.  Each person required to pay the tax on the net proceeds of minerals shall pay:

      (a) The tax determined pursuant to NRS 362.130, as that section reads prior to amendment by section 3 of this act, for the calendar year 2008; and

      (b) The estimated tax for the calendar year 2009 pursuant to NRS 362.115, as amended by section 2 of this act.

      2.  For the calendar year 2009, the amount appropriated to each county pursuant to NRS 362.170 must be determined based upon the sum of:

 


…………………………………………………………………………………………………………………

κ2008 Statutes of Nevada, 25th Special Session, Page 23 (Chapter 4, SB 2)κ

 

      (a) The amount paid pursuant to NRS 362.130, as that section reads before amendment by section 3 of this act, based upon the tax paid for the calendar year 2008; and

      (b) The estimated tax for the calendar year 2009 paid pursuant to NRS 362.115, as amended by section 2 of this act.

      Sec. 15.  1.  The amendatory provisions of section 12 of this act do not apply to any recovery surcharge fees collected pursuant to subsection 1 of NRS 482.313 before January 1, 2009.

      2.  Except as otherwise provided in subsection 1 and notwithstanding the provisions of subsection 3 of section 16 of this act, the amendatory provisions of section 12 of this act shall be deemed to apply to any recovery surcharge fees collected pursuant to subsection 1 of NRS 482.313 before July 1, 2009.

      Sec. 16.  1.  This section and sections 2, 4, 14 and 15 of this act become effective upon passage and approval.

      2.  Sections 6 to 12, inclusive, of this act become effective on January 1, 2009.

      3.  Sections 4 and 6 to 12, inclusive, of this act expire by limitation on June 30, 2009.

      4.  Sections 1, 3, 5 and 13 of this act become effective on July 1, 2009.

      5.  Sections 1, 2, 3 and 5 of this act expire by limitation on June 30, 2011.

________