[Rev. 6/29/2024 3:20:57 PM--2023]
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 231.0045 “Business” defined.
NRS 231.005 “Development resource” defined.
NRS 231.0055 “Entrepreneur” defined.
NRS 231.006 “Executive Director” defined.
NRS 231.007 “Office” defined.
NRS 231.0075 “Office of Entrepreneurship” defined.
NRS 231.008 “Organization for economic development” defined.
NRS 231.009 “Regional development authority” defined.
NRS 231.0095 “State agency” defined.
ECONOMIC DEVELOPMENT
General Provisions
NRS 231.020 “Motion pictures” defined.
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; composition; budgets; classification of employees.
NRS 231.047 Executive Director of Office of Economic Development: Appointment; classification; removal; prohibition on other employment.
NRS 231.053 Executive Director of Office of Economic Development: Responsibility for Office; State Plan for Economic Development; regional development authorities; gifts, donations, bequests, grants and other sources of money for economic development; regulations; reorganization of programs of economic development; recommendations for changes in laws.
NRS 231.0535 Executive Director of Office of Economic Development: Annual report to Governor and Legislature regarding Catalyst Account and transferable tax credits to promote economic development.
NRS 231.054 Regional development authority to present plans for recruitment of professionals and businesses; strategies to encourage conservation of water resources.
NRS 231.0543 Executive Director of Office of Economic Development: Quarterly meetings with Southern Nevada Enterprise Community Board.
NRS 231.0545 Executive Director of Office of Economic Development: Formation of nonprofit corporation to promote, aid and encourage economic development; regulations.
NRS 231.055 Office of Economic Development: Provision of support for Board, regional development authorities and private sector to encourage economic development; coordination and oversight of all economic development in Nevada; assistance in marketing of vacant or decommissioned assets of electric utilities; development and implementation of programs to provide customized workforce development services; preparation of lists of authorized providers of workforce recruitment, assessment and training; participation in and administration of federal programs.
NRS 231.057 Office of Economic Development: Powers specific to contracts with regional development authorities.
NRS 231.060 Office of Economic Development: Establishment of policies and approval of programs of Nevada Film Office; creation of special advisory committees.
NRS 231.064 Office of Economic Development: Conduct of studies, investigations, research and educational activities; dissemination of information.
NRS 231.068 Office of Economic Development: Award of grants for programs for occupational education.
NRS 231.0685 Office of Economic Development: Biennial report to Legislature concerning abatements from taxation approved by the Office.
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 231.125 Office of Economic Development: Fees to support activities.
NRS 231.127 Nevada Film Office: Program to promote production of motion pictures.
NRS 231.128 Registration and permits required for production of motion picture.
NRS 231.1281 Office of Entrepreneurship: Creation; employment of personnel; cooperation by state agencies.
NRS 231.1283 Office of Entrepreneurship: Duties.
NRS 231.1285 Office of Entrepreneurship: Confidentiality of records, files and communications.
NRS 231.1287 Office of Entrepreneurship: Annual report to Legislative Commission; required contents of report.
NRS 231.1289 Office of Economic Development to encourage award of state contracts to new businesses having principal place of business in State.
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 certain businesses for certain benefits related to the costs of electricity; requirements for certification; allocations from Contingency Account; fees; regulations.
Program for Certification of Local Emerging Small Businesses
NRS 231.1401 Definitions.
NRS 231.1402 “Local emerging small business” defined.
NRS 231.1403 “Local purchasing contract” defined.
NRS 231.1404 “State purchasing contract” defined.
NRS 231.1405 Eligibility for certification: General requirements.
NRS 231.14052 Eligibility for certification: Determination of full-time equivalent employee.
NRS 231.14055 Application; certification and provision of information concerning financing programs for small businesses by Office of Economic Development; compilation and posting of list of certified businesses on Internet website.
NRS 231.14057 Restoration of right to transact business under certain circumstances.
NRS 231.14065 Establishment of outreach program in consultation with Department of Business and Industry and Purchasing Division and State Public Works Division of the Department of Administration; use of list of businesses.
NRS 231.1407 Office of Economic Development: Duties.
NRS 231.14075 Office of Economic Development: Annual report.
NRS 231.1408 Office of Economic Development: Regulations.
Program to Provide Loans for the Expansion of Certain Certified Business Enterprises
NRS 231.1409 Development and implementation; criteria for making loan; procedures for applying for loan; approval of applications for loans; rate of interest; deposits of principal and interest payments.
NRS 231.14095 Small Business Enterprise Loan Account: Creation; administration; interest and income; nonreversion; use; claims; deposit of gifts, grants, bequests and donations.
Program of Training for Employees of Business
NRS 231.141 Definitions.
NRS 231.1415 “Authorized provider” defined.
NRS 231.146 “Program of workforce development” defined.
NRS 231.1465 Declaration of public policy regarding implementation of programs of workforce development.
NRS 231.1467 Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in approved program.
NRS 231.1468 Required contents of workforce diversity action plan.
NRS 231.147 Application for approval of program of workforce training for incumbent employees that will result in certain credentials or identifiable occupational skills; contents of application; assistance in completing application; approval or denial of application by Office of Economic Development; matching money; notification of approval or denial.
NRS 231.1473 Request for confidentiality of proprietary information, intellectual property or trade secret in training materials.
NRS 231.1475 Application of credit received by student for completion of program of workforce development toward credit required for related credential, certificate or degree from certain institutions.
NRS 231.149 Office authorized to apply for and accept gifts, grants, donations and contributions; deposit of money in Workforce Innovations for a New Nevada Account; conditions on receipt and use of money by Office.
NRS 231.151 Workforce Innovations for a New Nevada Account: Creation; uses; reversion; administration.
NRS 231.1513 Office of Economic Development: Biennial report to Legislature concerning programs of workforce development.
NRS 231.152 Adoption of regulations by Office.
Program for Small Unmanned Aircraft Systems
NRS 231.1525 Duties of Office of Economic Development; agreement with nonprofit organization; acceptance of gifts, grants and donations.
Nevada Main Street Program
NRS 231.1531 Definitions.
NRS 231.1532 “Account” defined.
NRS 231.1533 “Program” defined.
NRS 231.1534 Creation; duties.
NRS 231.1535 Regulations; coordination.
NRS 231.1536 Account for the Nevada Main Street Program: Creation; administration; use; deposits; interest and income; claims; nonreversion.
Transferable Tax Credits to Promote Economic Development
NRS 231.1555 Application for certificate of eligibility; taxes to which credit may be applied; procedures for applying for certificate of eligibility and criteria for issuance of certificate of transferable tax credits; review, evaluation and approval of applications; restrictions on approval; issuance of certificate of eligibility; irrevocable declaration; issuance of certificate of transferable tax credits; notification of Department of Taxation and Nevada Gaming Control Board.
Catalyst Account
NRS 231.1573 Creation; disposition of interest and income; deposit of payments of loans; nonreversion; administration; gifts, grants and donations.
NRS 231.1577 Grant or loan from Account: Procedures for applying; application by county or city; review, evaluation and approval of applications.
NRS 231.1579 Grant from regional development authority to another organization for economic development: Procedures; requirements; reports.
Knowledge Account
NRS 231.1591 Definitions.
NRS 231.1592 Creation; disposition of interest and income; nonreversion; administration; gifts, grants and donations; allocations.
NRS 231.1593 Commercialization revenue: Authority of Executive Director to enter into agreement for allocation with research university or Desert Research Institute; deposit in Account.
NRS 231.1594 Allocations from Account: Procedures for applying; application by research university or Desert Research Institute; review and approval of applications; use of money; factors to be considered.
NRS 231.1595 Powers and duties of Executive Director: Establishment of economic development goals and objectives; expansion of research; enhancement of transfer and commercialization of research and technologies; verification and monitoring of research programs and plans; encouragement of investment; requirements for reports; agreements to obtain private equity investment.
NRS 231.1596 Technology outreach program: Establishment; required functions; cooperative design and operation with technology transfer offices at research universities and Desert Research Institute.
NRS 231.1597 Authorized uses of allocations from the Account.
DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS
General Provisions
NRS 231.161 Definitions. [Replaced in revision by NRS 231.8111.]
NRS 231.163 “Department” defined. [Replaced in revision by NRS 231.8113.]
NRS 231.165 “Director” defined. [Replaced in revision by NRS 231.8115.]
NRS 231.167 Creation; divisions. [Replaced in revision by NRS 231.8117.]
NRS 231.169 Bequests and gifts unaffected by creation of Department. [Replaced in revision by NRS 231.8119.]
NRS 231.170 Commission on Tourism: Appointment and qualifications of members. [Replaced in revision by NRS 231.8121.]
NRS 231.180 Commission on Tourism: Meetings; Secretary; rules; quorum; removal of appointed members. [Replaced in revision by NRS 231.8123.]
NRS 231.190 Commission on Tourism: Salary of appointed members. [Replaced in revision by NRS 231.8125.]
NRS 231.200 Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees. [Replaced in revision by NRS 231.8127.]
NRS 231.210 Director: Appointment; classification; restrictions on other employment. [Replaced in revision by NRS 231.8129.]
NRS 231.220 Director: Powers and duties. [Replaced in revision by NRS 231.8131.]
NRS 231.230 Employment of staff and consultants; contracts with public and private entities; classification of employees. [Replaced in revision by NRS 231.8133.]
NRS 231.235 Director: Use of records and assistance of other state agencies. [Replaced in revision by NRS 231.8135.]
NRS 231.240 Fees for materials prepared for distribution. [Replaced in revision by NRS 231.8137.]
NRS 231.250 Fund for the Promotion of Tourism. [Replaced in revision by NRS 231.8139.]
Division of Tourism
NRS 231.260 Duties. [Replaced in revision by NRS 231.8151.]
NRS 231.270 Formation of councils on tourism; production of promotional films; dissemination of information. [Replaced in revision by NRS 231.8155.]
NRS 231.290 Fund for the Nevada Magazine; conditions for trading of advertising services for services or products that benefit Nevada Magazine. [Replaced in revision by NRS 231.8157.]
Grant Program for the Development of Projects Relating to Tourism
NRS 231.310 Definitions. [Replaced in revision by NRS 231.8171.]
NRS 231.320 “Commission” defined. [Replaced in revision by NRS 231.8173.]
NRS 231.330 “Development of projects relating to tourism” defined. [Replaced in revision by NRS 231.8175.]
NRS 231.340 “Grant Program” defined. [Replaced in revision by NRS 231.8177.]
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. [Replaced in revision by NRS 231.8179.]
Projects to Assist Persons Experiencing Homelessness or at Risk of Homelessness
NRS 231.3711 Definitions.
NRS 231.3713 “Capital investment” defined.
NRS 231.3715 “Lead participant” defined.
NRS 231.3717 “Matching funds” defined.
NRS 231.3719 “Participant” defined.
NRS 231.3721 “Project” defined.
NRS 231.3723 “Qualified project” defined.
NRS 231.3725 Application for certificate of eligibility; required documentation; contents of application.
NRS 231.3727 Qualified project: Determination by Office of Economic Development; purposes; provision of services; obligations of lead participant; examples of services and facilities authorized for inclusion in project.
NRS 231.3729 Approval of application for certificate of eligibility; amount of matching funds; payment of costs of development and construction of qualified project; trust agreement.
NRS 231.3731 Duty of lead participant in qualified project to provide records to verify eligibility for matching funds; repayment of matching funds; revocation or suspension of state business registration of lead participant; material underperformance of project; transfer of facility that ceases to operate or files for bankruptcy protection.
NRS 231.3733 Abatement of fees for permits or licenses for participant in qualified project.
NRS 231.3735 Services provided at qualified project to be made available to residents of participating municipality; qualification as participating municipality.
NRS 231.3737 Financial operating plan for qualified project; annual transfer of money by State Controller; creation of provider codes to facilitate Medicaid billing for services; access of participant in project to other sources of funding; adjustments for inflation.
NRS 231.3739 Homelessness Support Services Matching Account: Creation; administration; use of money; interest and income; nonreversion; gifts, grants, donations or appropriations.
Nevada Air Service Development Commission
NRS 231.600 Definitions.
NRS 231.610 “Air carrier” defined.
NRS 231.620 “Commission” defined.
NRS 231.630 “Fund” defined.
NRS 231.640 “Large hub airport” defined. [Repealed.]
NRS 231.650 “Local air service development entity” defined.
NRS 231.655 “National Plan of Integrated Airport Systems public airport” or “NPIAS airport” defined.
NRS 231.660 “Nonhub airport” defined. [Repealed.]
NRS 231.665 “Public use airport” defined.
NRS 231.670 “Small hub airport” defined. [Repealed.]
NRS 231.680 Creation; membership; terms; election of Chair, Vice Chair and Secretary; meetings; quorum.
NRS 231.690 Nevada Air Service Development Fund: Creation; gifts, grants and donations; interest; use.
NRS 231.700 Administration of Fund; regulations.
NRS 231.710 Grant program for air service or enhanced air service; requirements for grant application.
NRS 231.720 Award of grants.
NRS 231.730 Annual reports to Legislature.
DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS
General Provisions
NRS 231.8111 Definitions.
NRS 231.8113 “Department” defined.
NRS 231.8115 “Director” defined.
NRS 231.8117 Creation; divisions. [Effective through June 30, 2024.]
NRS 231.8117 Creation; divisions. [Effective July 1, 2024.]
NRS 231.8119 Bequests and gifts unaffected by creation of Department.
NRS 231.8121 Commission on Tourism: Membership; qualifications of members.
NRS 231.8123 Commission on Tourism: Meetings; Secretary; rules; quorum; removal of appointed members.
NRS 231.8125 Commission on Tourism: Salary of appointed members.
NRS 231.8127 Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees.
NRS 231.8129 Director: Appointment; classification; restrictions on other employment. [Effective through June 30, 2024.]
NRS 231.8129 Director: Appointment; classification; restrictions on other employment. [Effective July 1, 2024.]
NRS 231.8131 Director: Powers and duties.
NRS 231.8133 Employment of staff and consultants; contracts with public and private entities; classification of employees.
NRS 231.8135 Director: Use of records and assistance of other state agencies.
NRS 231.8137 Fees for materials prepared for distribution.
NRS 231.8139 Fund for the Promotion of Tourism.
NRS 231.8141 Fund for Tourism and Cultural Affairs: Creation; administration; use of money; nonreversion; payment of claims; interest and income.
Division of Tourism
NRS 231.8151 Duties.
NRS 231.8153 Deputy of Division: Appointment; classification; duties; restrictions on other employment.
NRS 231.8155 Formation of councils on tourism; production of promotional films; dissemination of information.
NRS 231.8157 Deposit of receipts from publication of Nevada Magazine and Visitor Guide; use of revenue for educational materials; trading of advertising services for services or products.
Grant Program for the Development of Projects Relating to Tourism
NRS 231.8171 Definitions.
NRS 231.8173 “Commission” defined.
NRS 231.8175 “Development of projects relating to tourism” defined.
NRS 231.8177 “Grant Program” defined.
NRS 231.8179 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 231.0095, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 3427; A 2023, 3342)
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 231.0045 “Business” defined. “Business” means any corporation, partnership, company, cooperative, sole proprietorship or other legal entity organized or operating for pecuniary or nonpecuniary gain.
(Added to NRS by 2023, 3341)
NRS 231.005 “Development resource” defined.
1. “Development resource” means any funding or other resource for economic development, including, without limitation, a structured lease of real property.
2. The term does not include any:
(a) Funding for administrative or operating purposes;
(b) Grant or loan of money from the Catalyst Account created by NRS 231.1573;
(c) Issuance of a certificate of eligibility for transferable tax credits or a certificate of transferable tax credits pursuant to NRS 231.1555; or
(d) Allocation of money from the Knowledge Account created by NRS 231.1592.
(Added to NRS by 2011, 3428; A 2013, 2748; 2015, 2481)
NRS 231.0055 “Entrepreneur” defined. “Entrepreneur” means a person who initiates and assumes the financial risk of a business.
(Added to NRS by 2023, 3341)
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 231.0075 “Office of Entrepreneurship” defined. “Office of Entrepreneurship” means the Office of Entrepreneurship created by NRS 231.1281.
(Added to NRS by 2023, 3341)
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)
NRS 231.0095 “State agency” defined. “State agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the State Government.
(Added to NRS by 2023, 3341)
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, programs made for broadcast or other electronic transmission, commercials and other audiovisual media.
[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; 2019, 870; 2021, 326)
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;
(2) The Superintendent of Public Instruction or his or her designee;
(3) The Director of the Department of Business and Industry; and
(4) 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 voting members of the Board constitutes a quorum, and the affirmative vote of a majority of the voting members 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 voting 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; 2021, 326; 2023, 3004)
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;
(d) The development and implementation of programs to provide customized workforce development services to existing and prospective businesses in this State; and
(e) 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; 2015, 29th Special Session, 6)
NRS 231.043 Office of Economic Development: Creation; composition; budgets; classification 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;
(b) The Nevada Film Office; and
(c) The Office of Entrepreneurship.
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; 2021, 327; 2023, 3342)
NRS 231.047 Executive Director of Office of Economic Development: Appointment; classification; removal; prohibition on other employment. The Executive Director:
1. Must be appointed by the Governor from a list of not more than 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; A 2021, 327)
NRS 231.053 Executive Director of Office of Economic Development: Responsibility for Office; State Plan for Economic Development; regional development authorities; gifts, donations, bequests, grants and other sources of money for economic development; regulations; reorganization of programs of economic development; recommendations for changes in laws. After considering any 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:
(a) Must include a statement of:
(1) New industries which have the potential to be developed in this State;
(2) The strengths and weaknesses of this State for business incubation;
(3) The competitive advantages and weaknesses of this State;
(4) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;
(5) The manner in which this State can maximize the efficient use of the water resources of this State through the programs of economic development in this State;
(6) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and
(7) 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; and
(b) Must not include provisions for the granting of any abatement, partial abatement or exemption from taxes or any other incentive for economic development to a person who will locate or expand a business in this State that is subject to the tax imposed pursuant to NRS 362.130 or the gaming license fees imposed by the provisions of NRS 463.370.
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 231.1555 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 231.1555 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; 2015, 2481; 2015, 29th Special Session, 34; 2023, 2947)
NRS 231.0535 Executive Director of Office of Economic Development: Annual report to Governor and Legislature regarding Catalyst Account and transferable tax credits to promote economic development.
1. On or before November 1 of each year, the Executive Director shall submit a report that includes the information required by this section to:
(a) The Governor; and
(b) The Director of the Legislative Counsel Bureau for transmittal to:
(1) The Interim Finance Committee if the report is received during an odd-numbered year; or
(2) The next regular session of the Legislature if the report is received during an even-numbered year.
2. The report must include, without limitation:
(a) The amount of all grants, gifts and donations of money to the Catalyst Account created by NRS 231.1573 which have been applied for and accepted from public and private sources;
(b) The amount of all grants and loans of money from the Catalyst Account which have been approved by the Executive Director or the Board pursuant to NRS 231.1577;
(c) The amount of all transferable tax credits which have been approved by the Executive Director or the Board pursuant to NRS 231.1555;
(d) The number of businesses which have been created or expanded in this State, or which have located to this State, because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555; and
(e) The number of jobs which have been created or saved because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555.
(Added to NRS by 2015, 2480)
NRS 231.054 Regional development authority to present plans for recruitment of professionals and businesses; strategies to encourage conservation of water resources.
1. Each regional development authority shall present a plan to the Executive Director that includes 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.
2. The plan submitted pursuant to subsection 1 by a regional development authority located in a county whose population is 100,000 or more must also include strategies to encourage the conservation of the water resources of this State through such a recruiting and marketing effort.
3. 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; A 2023, 2948)
NRS 231.0543 Executive Director of Office of Economic Development: Quarterly meetings with Southern Nevada Enterprise Community Board.
1. The Executive Director shall meet with the Southern Nevada Enterprise Community Board at least once each calendar quarter to collaborate and discuss:
(a) Ways to develop the economy within the Community and its surrounding areas;
(b) Projects within the Community and its surrounding areas that may be eligible to obtain an abatement, partial abatement or exemption from taxes or any other incentive for economic development which is administered by the Office; and
(c) Strategies, in addition to the incentives for economic development administered by the Office, to encourage businesses to locate in the Community and its surrounding areas.
2. As used in this section, “Community” means the Southern Nevada Enterprise Community, which consists of the nine census tracts designated by President William Jefferson Clinton on December 21, 1994.
(Added to NRS by 2019, 870)
NRS 231.0545 Executive Director of Office of Economic Development: Formation of nonprofit corporation to promote, aid and encourage economic development; regulations.
1. After considering any advice and recommendations of the Board, the Executive Director may:
(a) Propose to the Board the formation of a nonprofit corporation that is exempt from federal income taxation, the purpose of which is to promote, aid and encourage economic development in this State or a locality or region of this State; and
(b) Upon approval of a proposal by the Board, cause such a corporation to be formed.
2. The Board shall:
(a) Review each proposal by the Executive Director pursuant to subsection 1; and
(b) As the Board determines to be in the best interests of this State, approve, disapprove or modify the proposal made by the Executive Director.
3. A nonprofit corporation formed pursuant to this section must have a board of directors consisting of:
(a) The Executive Director.
(b) Four members from the private sector who have at least 10 years of experience in the field of investment, finance, accounting, technology, commercialization or banking, appointed by the Executive Director, with the approval of the Board.
(c) One member appointed by the Speaker of the Assembly.
(d) One member appointed by the Senate Majority Leader.
4. The Executive Director shall serve as chair of the board of directors of the nonprofit corporation formed pursuant to this section.
5. Except as otherwise provided in this subsection, each member appointed to the board of directors of the nonprofit corporation formed pursuant to this section serves a term of 4 years. Two of the initial members of the board of directors who are appointed pursuant to paragraph (b) of subsection 3 must be appointed to an initial term of 2 years.
6. Each member of the board of directors of the nonprofit corporation formed pursuant to this section continues in office until a successor is appointed. Members of the board of directors may be reappointed for additional terms of 4 years in the same manner as the original appointments.
7. Vacancies in the appointed positions on the board of directors of the nonprofit corporation formed pursuant to this section must be filled by the appointing authority for the unexpired term.
8. The members of the board of directors of the corporation formed pursuant to this section must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.
9. A member of the board of directors of the corporation formed pursuant to this section must not have an equity interest in any:
(a) External asset manager or venture capital or private equity investment firm contracting with the nonprofit corporation; or
(b) Business which receives private equity funding from the nonprofit corporation.
10. The nonprofit corporation shall keep confidential any record or other document of a client which is in its possession to the same extent that the record or other document would be required to be kept confidential pursuant to NRS 231.069.
11. The board of directors of the nonprofit corporation formed pursuant to this section shall, on or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:
(a) An accounting of all money received and expended by the nonprofit corporation, including, without limitation, any matching grant funds, gifts or donations; and
(b) The name and a brief description of all businesses receiving an investment of money from the nonprofit corporation formed pursuant to this section.
12. Under the direction of the Executive Director, the Office shall adopt regulations prescribing:
(a) The means by which the Office will verify that a nonprofit corporation formed pursuant to this section furthers the public interest in economic development and ensure that the nonprofit corporation carries out such a purpose; and
(b) The procedures the Office will follow to ensure that the records and documents that are confidential pursuant to NRS 231.069 will be kept confidential when the records or other documents are used by a nonprofit corporation created pursuant to this section.
(Added to NRS by 2015, 701)
NRS 231.055 Office of Economic Development: Provision of support for Board, regional development authorities and private sector to encourage economic development; coordination and oversight of all economic development in Nevada; assistance in marketing of vacant or decommissioned assets of electric utilities; development and implementation of programs to provide customized workforce development services; preparation of lists of authorized providers of workforce recruitment, assessment and training; participation in and administration of federal programs. 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, licenses and registrations 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. Shall, upon request, assist an electric utility with the marketing of vacant or decommissioned assets for sale and redevelopment pursuant to NRS 704.734.
5. Shall, in consultation with the Nevada System of Higher Education, the Department of Employment, Training and Rehabilitation, the Department of Education and any other person or entity which the Executive Director determines is appropriate, develop and implement one or more programs to provide customized workforce development services to persons that create and expand businesses in Nevada and relocate businesses to Nevada.
6. Shall prepare a list of authorized providers that are eligible to provide programs of workforce recruitment, assessment and training pursuant to NRS 231.1467.
7. 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; 2015, 2219; 2015, 29th Special Session, 6)
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: Establishment of policies and approval of programs of Nevada Film Office; creation of special advisory committees. The Office of Economic Development:
1. Shall establish the policies and approve the programs of the Nevada Film Office 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 of Economic Development permits.
[6:322:1955]—(NRS A 1969, 231, 1455; 1983, 1168; 1985, 403; 2011, 3442)
NRS 231.064 Office of Economic Development: Conduct of studies, investigations, research and educational activities; 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: Award of 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 Legislature concerning abatements from taxation approved by the Office. 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, 360.753 or 360.754. 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;
7. Any information concerning whether the business for which the abatement was approved participates or has participated in a program of workforce development, as defined in NRS 231.146, implemented by the Executive Director; and
8. 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; 2015, 2334, 3051; 2015, 29th Special Session, 7)
NRS 231.069 Office of Economic Development: Confidentiality of records and documents submitted by client.
1. Except as otherwise provided in subsection 3 and NRS 239.0115, 360.890 and 360.950, the Office shall keep confidential any record or other document of a client which is in its possession if the client:
(a) Submits a request in writing that the record or other document be kept confidential by the Office; and
(b) Demonstrates to the satisfaction of the Office that the record or other document contains proprietary or confidential information.
2. If the Office determines that a record or other document of a client contains proprietary or confidential information, the Executive Director shall attach to the file containing the record or document:
(a) A certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request;
(b) A copy of the written request submitted by the client;
(c) The documentation to support the request which was submitted by the client; and
(d) A copy of the decision of the Office determining that the record or other document contains proprietary or confidential information.
3. The Office may share the records and other documents that are confidential pursuant to this section with the nonprofit corporation formed by the Executive Director pursuant to NRS 231.0545, as deemed necessary by the Office to accomplish the purposes for which the nonprofit corporation was formed.
4. Records and documents that are confidential pursuant to this section:
(a) Are proprietary or confidential information of the business;
(b) Are not a public record; and
(c) Must not be disclosed to any person who is not an officer or employee of the Office unless the business consents to the disclosure.
5. As used in this section, “proprietary or confidential information” has the meaning ascribed to it in NRS 360.247.
(Added to NRS by 1987, 1671; A 1989, 554; 2007, 2080; 2011, 3443; 2015, 702, 703; 2015, 29th Special Session, 35)
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 $500,000 or more; or
(b) Upon approval by the Executive Director for partial tax abatements with a projected value to a single entity of less than $500,000.
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; A 2023, 588)
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 Nevada Film Office: Program to promote production of motion pictures.
1. The Nevada Film Office shall formulate a program to promote the production of motion pictures in Nevada. The program must include development of a directory of:
(a) 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) The locations in this State which are available for the production of motion pictures, including, without limitation, visual depictions of a variety of such locations.
Ê The directory must be kept current and made available on an Internet website maintained by the Nevada Film Office.
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 media production 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; 2021, 328)
NRS 231.128 Registration and permits required for production of motion picture.
1. Before a media production company begins production of a motion picture in this State, the media production company must:
(a) Register with the Nevada Film Office; and
(b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this State.
2. The registration filed with the Nevada Film Office must:
(a) Contain a provision which provides that the media production 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 media production 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 media production company; and
(2) The Administrator of the Nevada Film Office.
(Added to NRS by 1997, 2479; A 2011, 1152; 2021, 328)
NRS 231.1281 Office of Entrepreneurship: Creation; employment of personnel; cooperation by state agencies.
1. The Office of Entrepreneurship is hereby created within the Office of Economic Development.
2. The Office of Entrepreneurship shall employ such personnel as are necessary to perform the functions and duties of the Office of Entrepreneurship set forth in NRS 231.1281 to 231.1287, inclusive.
3. A state agency shall cooperate with and assist the Office of Entrepreneurship in the performance of its duties and functions.
(Added to NRS by 2023, 3341)
NRS 231.1283 Office of Entrepreneurship: Duties. The Office of Entrepreneurship shall:
1. Work to strengthen policies and programs supporting the growth of entrepreneurship in the State, including, without limitation, across demographic segments and geographic areas.
2. Work with stakeholders and organizations supporting entrepreneurship to enhance the learning and skills of, provide technical support to and expand access to resources for entrepreneurs across the State.
3. Serve as a point of contact to assist businesses that have been in operation for not more than 5 years in their interactions with state agencies and, where appropriate, refer businesses to other state or local agencies that provide assistance to businesses.
(Added to NRS by 2023, 3341)
NRS 231.1285 Office of Entrepreneurship: Confidentiality of records, files and communications. All records, files and communications of the Office of Entrepreneurship made or received pursuant to NRS 231.1281 to 231.1287, inclusive, are confidential and not a public record.
(Added to NRS by 2023, 3342)
NRS 231.1287 Office of Entrepreneurship: Annual report to Legislative Commission; required contents of report. On or before November 1 of each year beginning 2 years after the creation of the Office of Entrepreneurship, and annually thereafter, the Office of Entrepreneurship shall submit to the Legislative Commission a report that includes, without limitation:
1. The number and total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years, including, without limitation, a breakdown by demographic segments and geographical areas throughout the State;
2. The percentage of the number of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total number of contracts awarded;
3. The number of businesses owned by women, minorities or veterans that have been in operation for not more than 5 years and have been awarded a state contract;
4. The percentage of the total dollar amount of state contracts awarded to businesses that have been in operation for not more than 5 years compared to the total dollar amount of contracts awarded;
5. The types of businesses awarded a state contract;
6. Recommendations on improving access to state contracts for businesses that have been in operation for not more than 5 years, including, without limitation, those businesses in statistically underrepresented demographic segments and geographic areas of Nevada;
7. Recommendations on improving overall entrepreneurship in this State, including, without limitation, identifying regional challenges to entrepreneurship; and
8. Any additional information deemed necessary by the Office of Economic Development to provide an accurate depiction of the condition of entrepreneurship in Nevada.
(Added to NRS by 2023, 3341)
NRS 231.1289 Office of Economic Development to encourage award of state contracts to new businesses having principal place of business in State. The Office of Economic Development shall encourage 5 percent of the total number of state contracts to be awarded to businesses that have been in operation for not more than 5 years and whose principal place of business is in this State.
(Added to NRS by 2023, 3342)
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 of Economic Development and the Administrator of the Nevada Film Office 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 of Economic Development. 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 of Economic Development.
[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 certain businesses for certain benefits related to the costs of electricity; 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)
Program for Certification of Local Emerging Small Businesses
NRS 231.1401 Definitions. 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; A 2019, 930)
NRS 231.1402 “Local emerging small business” defined. “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)
NRS 231.1403 “Local purchasing contract” defined. “Local purchasing contract” has the meaning ascribed to it in NRS 332.201.
(Added to NRS by 2013, 3692)
NRS 231.1404 “State purchasing contract” defined. “State purchasing contract” has the meaning ascribed to it in NRS 333.177.
(Added to NRS by 2013, 3692)
NRS 231.1405 Eligibility for certification: General requirements.
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 231.14052 to determine whether an employee is a full-time equivalent employee for the purposes of such a designation.
(Added to NRS by 2013, 3692)
NRS 231.14052 Eligibility for certification: Determination of full-time equivalent employee. 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)—(Substituted in revision for NRS 231.1406)
NRS 231.14055 Application; certification and provision of information concerning financing programs for small businesses by Office of Economic Development; compilation and posting of list of certified businesses on Internet website.
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:
(a) Certify the business as a local emerging small business; and
(b) Provide to the business, in written or electronic form, information concerning public and private programs to provide financing for small businesses and the criteria for obtaining financing through such programs. The information must include, without limitation, information concerning:
(1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;
(2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;
(3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;
(4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;
(5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;
(6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;
(7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and
(8) Any other private program to provide financing for small businesses approved by the Office.
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; A 2017, 2861)
NRS 231.14057 Restoration of right to transact business under certain circumstances.
1. Notwithstanding any other provision of chapter 78, 80, 82, 84, 86, 87, 87A, 88, 88A or 89 of NRS to the contrary, the Secretary of State shall reinstate a local emerging small business which has forfeited or which forfeits its right to transact business or which has had its right to transact business revoked pursuant to chapter 78, 80, 82, 84, 86, 87, 87A, 88, 88A or 89 of NRS and restore the right to transact business in this State and to exercise its privileges and immunities if it pays to the Secretary of State at least 25 percent of the total amount of the delinquent fees and penalties set forth in the applicable chapter of title 7 of NRS.
2. If the local emerging small business fails to pay the entirety of the delinquent fees and penalties pursuant to subsection 1, the local emerging small business shall enter into a payment plan with the Secretary of State to pay the remaining balance of such fees and penalties in monthly payments within 1 year.
3. If a local emerging small business fails to comply with any provision of the payment plan entered into with the Secretary of State pursuant to subsection 2, the Secretary of State shall revoke the right of the local emerging small business to transact business in this State.
4. If the right of a local emerging small business to transact business in this State has been forfeited pursuant to chapter 78, 80, 82, 84, 86, 87, 87A, 88, 88A or 89 of NRS and has remained forfeited for a period of at least 5 consecutive years, the right is not subject to reinstatement pursuant to this section.
(Added to NRS by 2019, 930)
NRS 231.14065 Establishment of outreach program in consultation with Department of Business and Industry and Purchasing Division and State Public Works Division of the Department of Administration; use of list of businesses.
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)
NRS 231.1407 Office of Economic Development: Duties.
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)
NRS 231.14075 Office of Economic Development: Annual report. On or before December 1 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; A 2017, 730)
NRS 231.1408 Office of Economic Development: Regulations.
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)
Program to Provide Loans for the Expansion of Certain Certified Business Enterprises
NRS 231.1409 Development and implementation; criteria for making loan; procedures for applying for loan; approval of applications for loans; rate of interest; deposits of principal and interest payments.
1. The Office shall develop and carry into effect a program under which a business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise may obtain a loan of money distributed from the Account to finance the expansion of its business.
2. In carrying out the program, the Office may:
(a) Enter into an agreement with a person who operates a program in this State to provide loans to small business enterprises, minority-owned business enterprises, women-owned business enterprises, LGBTQ-owned business enterprises and disadvantaged business enterprises.
(b) Make grants of money from the Account to that person, which must be used by that person to make loans or participate with private lending institutions in the making of loans to finance the expansion of a business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise.
3. The Office shall establish the criteria which must be used by the program to determine whether to make a loan to a business described in subsection 1 and the criteria which such a business must meet to qualify for a loan under the program. In establishing such criteria, the Office shall consider, without limitation, whether the making of the loan will assist this State to:
(a) Diversify and expand the number and types of businesses and industries in this State;
(b) Encourage economic growth and maintain a stable economy;
(c) Expand employment opportunities or relieve unemployment or underemployment in any segments of the population of this State that traditionally have experienced the highest rates of unemployment and underemployment; and
(d) Encourage the formation and expansion of businesses located in this State that are certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise.
4. The Office shall establish procedures for applying for a loan from the program. The procedures must require an applicant to submit an application for a loan that includes, without limitation:
(a) A statement of the proposed use of the loan;
(b) A business plan; and
(c) Such other information as the Office deems necessary to determine whether the making of the loan to the applicant satisfies the criteria established by the Office pursuant to subsection 3 and whether the applicant is qualified for the loan.
5. A business located in this State that is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise may submit an application for a loan to the Office or the person with whom the Office has entered into an agreement to carry out the program.
6. The Office, or the person with whom the Office has entered into an agreement to carry out the program, may approve an application for a loan submitted pursuant to subsection 5 if the Office, or the person carrying out the program, finds that:
(a) The applicant operates a for-profit business in this State and has the capability to continue in operation in this State for a period prescribed by the Office;
(b) The applicant maintains its principal place of business in this State;
(c) The applicant is certified by an agency or entity approved by the Office as a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise and is in compliance with all applicable licensing and registration requirements in this State;
(d) The loan will enable the business to acquire the capital equipment necessary to expand in this State and hire additional employees in this State;
(e) There is adequate assurance that the loan will be repaid; and
(f) The making of the loan satisfies the criteria established by the Office pursuant to subsection 3.
7. If the Office, or a person with whom the Office has entered into an agreement to carry out the program, approves an application for a loan pursuant to this section:
(a) The Office, or the person carrying out the program, and the applicant must execute a loan agreement that contains such terms as the Office or person deems necessary; and
(b) The Office, or the person carrying out the program, must fund the loan from the money in the Account.
8. The rate of interest on loans made pursuant to the program must be as low as practicable, but sufficient to pay the cost of the program.
9. After deducting the costs directly related to administering the program, payments of principal and interest on loans made to a small business enterprise, minority-owned business enterprise, woman-owned business enterprise, LGBTQ-owned business enterprise or disadvantaged business enterprise from money distributed from the Account must be deposited in the State General Fund for credit to the Account.
10. As used in this section:
(a) “Account” means the Small Business Enterprise Loan Account created by NRS 231.14095.
(b) “LGBTQ” means lesbian, gay, bisexual, transgender, queer or intersex or of any other nonheterosexual or noncisgender orientation or gender identity or expression.
(c) “LGBTQ-owned business enterprise” means a business that:
(1) Is owned by a natural person who identifies as LGBTQ; or
(2) Has at least 51 percent of its ownership interest held by one or more natural persons who identify as LGBTQ.
(Added to NRS by 2017, 2911; A 2021, 3172)
NRS 231.14095 Small Business Enterprise Loan Account: Creation; administration; interest and income; nonreversion; use; claims; deposit of gifts, grants, bequests and donations.
1. The Small Business Enterprise Loan Account is hereby created in the State General Fund as a revolving loan account. The Account must be administered by the Office.
2. All interest and income earned on the money in the Account must be credited to the Account.
3. 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. Money in the Account must be used by the Office to develop and carry into effect the program developed by the Office pursuant to NRS 231.1409 or for any other purpose authorized by the Legislature.
5. Claims against the Account must be paid as other claims against the agency are paid.
6. The Office may apply for and accept gifts, grants, bequests and donations from any source for deposit in the Account.
(Added to NRS by 2017, 2911; A 2020, 31st Special Session, 87)
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 231.1415 and 231.146 have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1262; A 2003, 2646; 2011, 3446; 2015, 29th Special Session, 8; 2017, 446)
NRS 231.1415 “Authorized provider” defined. “Authorized provider” means any institution within the Nevada System of Higher Education, a state or local agency, a school district, a charter school, a nonprofit organization, a labor organization or a private postsecondary educational institution that provides a program of workforce development approved by the Office.
(Added to NRS by 2015, 29th Special Session, 3)
NRS 231.146 “Program of workforce development” defined. “Program of workforce development” includes:
1. A program of workforce training provided pursuant to NRS 231.147.
2. A program of workforce recruitment, assessment and training provided pursuant to NRS 231.1467.
(Added to NRS by 1999, 1263; A 2015, 29th Special Session, 8)
NRS 231.1465 Declaration of public policy regarding implementation of programs of workforce development. It is hereby declared to be the public policy of this State in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 that:
1. The industrial and economic development of all geographic areas of this State be supported through the implementation of programs of workforce development that prioritize the recruitment, assessment and training of a highly skilled and diverse workforce; and
2. Creating equal opportunities is critical to ensuring equity, social and economic mobility and sustainability.
(Added to NRS by 2015, 29th Special Session, 3)
NRS 231.1467 Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in approved program.
1. A person who wishes to provide a program of workforce recruitment, assessment and training may apply to the Office for approval of the program. The application must be submitted on a form prescribed by the Office.
2. Each application must include:
(a) The name, address, electronic mail address and telephone number of the applicant;
(b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;
(c) A statement of the objectives of the proposed program of workforce recruitment, assessment and training;
(d) A description of the primary economic sector to be served by the proposed program of workforce recruitment, assessment and training;
(e) Evidence of workforce shortages within the industry to be served by the proposed program of workforce recruitment, assessment and training;
(f) Evidence that there is an insufficient number of existing programs to develop the workforce needed for the industry to be served by the proposed program of workforce recruitment, assessment and training;
(g) A statement of the number and types of jobs with the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training that are available or will be available upon completion of the proposed program;
(h) A statement demonstrating the past performance of the applicant in providing programs of workforce development, including, without limitation:
(1) The number and type of credentials and certifications issued by programs of workforce development provided by the applicant; and
(2) The number of businesses successfully served by the programs of workforce development provided by the applicant;
(i) A proposed plan for the provision of the proposed program of workforce recruitment, assessment and training on a statewide basis;
(j) A list of facilities that will be used by the proposed program of workforce recruitment, assessment and training;
(k) A projection of the number of primary jobs that will be served by the proposed program of workforce recruitment, assessment and training and the wages for those jobs;
(l) Evidence satisfactory to the Office that the proposed program of workforce recruitment, assessment and training is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112;
(m) A workforce diversity action plan;
(n) The estimated cost of the proposed program of workforce recruitment, assessment and training;
(o) A statement by the business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which commits the business to report to the Office required performance metrics to enable the Office to comply with NRS 231.1513;
(p) A report from each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training, which sets forth the basis for any furloughs or layoffs conducted by the business in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training; and
(q) Any other information requested by the Executive Director.
3. Any program of workforce recruitment, assessment and training approved by the Office pursuant to this section must:
(a) Include a workforce diversity action plan approved by the Office;
(b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State; and
(c) Result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard.
4. The Office shall:
(a) Maintain on the Internet website of the Office a list of the criteria for evaluating applications for approval of a program of workforce recruitment, assessment and training;
(b) Ensure, through coordination with relevant state agencies and by reviewing any notices required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., and the regulations adopted pursuant thereto, that each business for which an applicant that submitted an application pursuant to this section will provide a program of workforce recruitment, assessment and training:
(1) Is in compliance with the laws of this State pertaining to the conduct of businesses and employers;
(2) Is not excluded from receiving contracts from the Federal Government as a result of being debarred; and
(3) Has included in the report submitted pursuant to paragraph (p) of subsection 2 the basis for each furlough or layoff conducted in the 12 months immediately preceding the date of the application for the job categories related to the proposed program of workforce recruitment, assessment and training;
(c) Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application; and
(d) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.
5. An authorized provider that provides a program of workforce recruitment, assessment and training approved by the Office pursuant to this section or the governing body of a local government within the jurisdiction of which the authorized provider will provide the program may apply to the Office for an allocation, grant or loan of money to defray in whole or in part the cost of the program. The application must be submitted on a form prescribed by the Office.
6. The Office shall approve or deny each application for an allocation, grant or loan of money submitted pursuant to subsection 5 within 45 days after receipt of the application. When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide workforce development services to one or more businesses that:
(a) Provide high-skill and high-wage jobs to residents of this State, as defined by the Board of Economic Development;
(b) Provide postsecondary or industry-recognized credentials or identifiable skills meeting the applicable industry standard, which are not otherwise offered or not otherwise offered at scale in this State;
(c) Impart a course of study for not more than 12 months that delivers skills that are needed in the workforce;
(d) To the greatest extent practicable, use materials that are produced or bought in this State;
(e) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(f) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.
7. An authorized provider may use money distributed pursuant to this section:
(a) To provide curriculum development and instructional services;
(b) To pay for equipment or technology necessary to conduct the training;
(c) To pay training fees or tuition for the program of workforce recruitment, assessment and training, which are not otherwise covered by the program budget or other workforce development funding;
(d) To promote the program of workforce recruitment, assessment and training and for job recruiting and assessments conducted through the program;
(e) To provide analysis of on-site training;
(f) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;
(g) To pay administrative and personnel costs, except that not more than 10 percent of the money distributed pursuant to this section is used for such purposes; and
(h) To pay any other costs, not including administrative and personnel costs, necessary to effectively carry out the program of workforce recruitment, assessment and training.
8. Equipment purchased with money distributed as a grant pursuant to this section is the property of the Office. At the end of the grant period, the Office may recapture the equipment for redistribution to other programs of workforce recruitment, assessment and training provided by an authorized provider.
9. A business in this State may apply to the Office to participate in an approved program of workforce recruitment, assessment and training provided by an authorized provider. The application must be submitted on a form prescribed by the Office and must include, without limitation:
(a) The name, address and telephone number of the business;
(b) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;
(c) A description of the number and types of jobs that the business expects will be created as a result of its participation in the program of workforce recruitment, assessment and training and the wages the business expects to pay to persons employed in those jobs;
(d) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;
(e) A workforce diversity action plan approved by the Office; and
(f) Any other information required by the Office.
(Added to NRS by 2015, 29th Special Session, 3; A 2021, 2539)
NRS 231.1468 Required contents of workforce diversity action plan. A workforce diversity action plan submitted to the Office for approval pursuant to paragraph (a) of subsection 3 of NRS 231.1467 or paragraph (e) of subsection 9 of NRS 231.1467 must include, without limitation:
1. A statement expressing a commitment to workforce diversity, an explanation of the actions that will be taken and strategies that will be implemented to promote workforce diversity and the goals and performance measures which will be used to measure the success of the plan in achieving those goals; and
2. A statement expressing a commitment to comply with all applicable federal and state laws.
(Added to NRS by 2015, 29th Special Session, 5; A 2021, 2542)
NRS 231.147 Application for approval of program of workforce training for incumbent employees that will result in certain credentials or identifiable occupational skills; contents of application; assistance in completing application; approval or denial of application by Office of Economic Development; 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 of workforce training for incumbent employees that will result in a postsecondary or industry-recognized credential, or an identifiable occupational skill that meets the applicable industry standard. 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 of workforce training;
(c) A statement of the objectives of the proposed program of workforce training;
(d) An initial plan for wage increases for employees who successfully complete the program of workforce training;
(e) The estimated cost for each person enrolled in the program of workforce training; and
(f) A statement signed by the applicant certifying that, if the program of workforce training set forth in the application is approved and money is granted by the Office to an authorized provider for the program of workforce training, each employee who completes the program of workforce training:
(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;
(c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(d) Is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.
5. Before approving an application, the Office shall establish the amount of matching money that the applicant must provide for the program of workforce training. 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 of workforce training.
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; 2015, 29th Special Session, 8; 2021, 2543)
NRS 231.1473 Request for confidentiality of proprietary information, intellectual property or trade secret in training materials. A business that participates in a program of workforce development may request that any proprietary information, intellectual property or trade secret which is contained in any training materials provided through the program be deemed confidential. Upon approval by the Executive Director of such a request, the proprietary information, intellectual property or trade secret identified by the business shall be deemed confidential, may be redacted from the training materials and may not be disclosed.
(Added to NRS by 2015, 29th Special Session, 5)
NRS 231.1475 Application of credit received by student for completion of program of workforce development toward credit required for related credential, certificate or degree from certain institutions. An institution within the Nevada System of Higher Education or a private postsecondary educational institution in this State that is an authorized provider shall allow a student, including, without limitation, a student who is enrolled in a dual credit course at a public high school, who successfully completes a program of workforce development that is provided by the institution to apply the credit received for the completion of the program toward the total number of credits required for a related credential, certificate or degree from that institution.
(Added to NRS by 2017, 446)
NRS 231.149 Office authorized to apply for and accept gifts, grants, donations and contributions; deposit of money in Workforce Innovations for a New Nevada Account; conditions on receipt and use of money by Office.
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 for credit to the Workforce Innovations for a New Nevada Account pursuant to NRS 231.151.
3. A person who makes a gift, grant, donation or contribution to the Office to carry out the provisions of NRS 231.141 to 231.152, inclusive, must be:
(a) Informed that the receipt and use by the Office of the gift, grant, donation or contribution may be conditioned upon terms specified by the person; and
(b) Provided the opportunity to place conditions upon the receipt and use by the Office of the gift, grant, donation or contribution.
(Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447; 2015, 29th Special Session, 9)
NRS 231.151 Workforce Innovations for a New Nevada Account: Creation; uses; reversion; administration.
1. The Workforce Innovations for a New Nevada Account is hereby created in the State General Fund. 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 General Fund for credit to the Account; 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 an odd-numbered fiscal year reverts to the State General Fund.
3. In calculating the uncommitted remaining balance in the Account at the end of an odd-numbered 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 each odd-numbered 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; 2015, 29th Special Session, 9)
NRS 231.1513 Office of Economic Development: Biennial report to Legislature concerning programs of workforce development. 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 programs of workforce development which receive money from the Workforce Innovations for a New Nevada Account created by NRS 231.151. The report must include:
1. A summary of the expenditures from the Account;
2. A summary of the outcomes of the programs of workforce development which receive money from the Account, including, without limitation, the number of persons trained by each program, the number of persons employed by businesses that participate in each program and the average wages of the employees who are hired through each program;
3. An evaluation of the workforce diversity action plan of each authorized provider and each business that participates in a program of workforce development; and
4. Any other information the Executive Director of the Office determines is appropriate.
(Added to NRS by 2015, 29th Special Session, 5)
NRS 231.152 Adoption of regulations by Office. The Office may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive.
(Added to NRS by 1999, 1264; A 2003, 2648; 2011, 3447; 2015, 29th Special Session, 10)
Program for Small Unmanned Aircraft Systems
NRS 231.1525 Duties of Office of Economic Development; agreement with nonprofit organization; acceptance of gifts, grants and donations.
1. The Office shall, to the extent that money is available for this purpose, establish and carry out a program to facilitate the growth and safe integration of small unmanned aircraft systems in Nevada. The Office shall ensure that the program complies with all applicable federal statutes, rules and regulations.
2. The program established pursuant to subsection 1 may, upon the request of an operator of a small unmanned aircraft system:
(a) Provide training;
(b) Conduct testing; and
(c) Provide assistance with complying with any safety standards developed by the Federal Aviation Administration regarding small unmanned aircraft systems.
3. In carrying out the program, the Office may enter into an agreement with a nonprofit organization for the operation of the program. Such a nonprofit organization must have expertise relating to small unmanned aircraft systems.
4. The Office may accept any gifts, grants or donations for the support of the program.
5. As used in this section, “small unmanned aircraft system” has the meaning ascribed to it in 14 C.F.R. § 107.3.
(Added to NRS by 2019, 3455)
Nevada Main Street Program
NRS 231.1531 Definitions. As used in NRS 231.1531 to 231.1536, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.1532 and 231.1533 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 3001)
NRS 231.1532 “Account” defined. “Account” means the Account for the Nevada Main Street Program created by NRS 231.1536.
(Added to NRS by 2017, 3001)
NRS 231.1533 “Program” defined. “Program” means the Nevada Main Street Program created by NRS 231.1534.
(Added to NRS by 2017, 3001)
NRS 231.1534 Creation; duties. The Nevada Main Street Program is hereby created within the Office. The Program must:
1. Be administered in accordance with the standards developed by the National Main Street Center, Inc., a subsidiary of the National Trust for Historic Preservation;
2. Designate local Main Street programs in accordance with regulations adopted pursuant to NRS 231.1535;
3. Coordinate those designated local Main Street programs;
4. Provide training and technical assistance to those designated local Main Street programs; and
5. Award grants from the Account to those designated local Main Street programs to further the community and economic revitalization and development of aging business districts and neighborhoods in this State.
(Added to NRS by 2017, 3001)
NRS 231.1535 Regulations; coordination.
1. The Executive Director shall adopt regulations setting forth:
(a) The requirements to apply for and receive approval as a designated local Main Street program, including, without limitation, a requirement that each designated local Main Street program be administered by a county, city or nonprofit entity; and
(b) The requirements for applying for a grant from the Account.
2. The Executive Director or his or her designee shall coordinate the Program in accordance with the standards developed by the National Main Street Center, Inc., to further the requirements set forth in NRS 231.1534 and to approve or deny applications for designation as a local Main Street program or for grants from the Account which are submitted in accordance with the regulations adopted pursuant to subsection 1.
(Added to NRS by 2017, 3002)
NRS 231.1536 Account for the Nevada Main Street Program: Creation; administration; use; deposits; interest and income; claims; nonreversion.
1. The Account for the Nevada Main Street Program is hereby created in the State General Fund.
2. The Executive Director or his or her designee shall administer the Account and may apply for and accept any donation, gift, grant, bequest or other source of money for deposit in the Account.
3. The money in the Account must be used to:
(a) Provide technical assistance and training to local Main Street programs;
(b) Award grants to designated local Main Street programs approved pursuant to the regulations adopted pursuant to NRS 231.1535; and
(c) Pay any reasonable administrative expenses incurred by the Executive Director or his or her designee to carry out the Program.
4. Any money appropriated from the State General Fund for the Program must be deposited in the Account.
5. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.
6. Any claims against the Account must be paid as other claims against the State are paid.
7. Any money in the Account remaining at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2017, 3002)
Transferable Tax Credits to Promote Economic Development
NRS 231.1555 Application for certificate of eligibility; taxes to which credit may be applied; procedures for applying for certificate of eligibility and criteria for issuance of certificate of transferable tax credits; review, evaluation and approval of applications; restrictions on approval; issuance of certificate of eligibility; irrevocable declaration; issuance of certificate of transferable tax credits; notification of Department of Taxation and Nevada Gaming Control Board.
1. A person who intends to locate or expand a business in this State may apply to the Office for a certificate of eligibility for transferable tax credits which may be applied to:
(a) Any tax imposed by chapter 363A or 363B of NRS;
(b) The gaming license fee imposed by the provisions of NRS 463.370;
(c) Any tax imposed by chapter 680B of NRS; or
(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).
2. After considering any advice and recommendations of the Board, the Executive Director shall establish:
(a) Procedures for applying to the Office for a certificate of eligibility for transferable tax credits which must:
(1) Include, without limitation, a requirement that the applicant set forth in the application:
(I) The proposed use of the transferable tax credits;
(II) The plans, projects and programs for which the transferable tax credits will be used;
(III) The expected benefits of the issuance of the transferable tax credits; and
(IV) A statement of the short-term and long-term impacts of the issuance of the transferable tax credits; and
(2) Allow the applicant to revise the application upon the recommendation of the Executive Director.
(b) The criteria which a person to whom a certificate of eligibility for transferable tax credits has been issued must satisfy to be issued a certificate of transferable tax credits.
3. After receipt of an application pursuant to this section, the Executive Director shall review and evaluate 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.
4. If the applicant is requesting transferable tax credits in an amount of $100,000 or less, the Executive Director may approve the application, subject to the provisions of subsection 6, 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.
5. If the applicant is requesting transferable tax credits in an amount greater than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application, subject to the provisions of subsection 6, if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.
6. The Executive Director or the Board shall not approve any application for transferable tax credits for:
(a) A period of more than 5 fiscal years;
(b) Fiscal Year 2015-2016; or
(c) Any fiscal year if the approval of the application would cause the total amount of transferable tax credits issued pursuant to this section to exceed:
(1) For Fiscal Year 2016-2017, $1,000,000.
(2) For Fiscal Year 2017-2018, $2,000,000.
(3) For Fiscal Year 2018-2019, $2,000,000.
(4) For Fiscal Year 2019-2020, $3,000,000.
(5) For a fiscal year beginning on or after July 1, 2020, $5,000,000.
7. If the Executive Director or the Board approves an application and issues a certificate of eligibility for transferable tax credits, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:
(a) The applicant;
(b) The Department of Taxation; and
(c) The Nevada Gaming Control Board.
8. Within 14 days after the Office determines that a person to whom a certificate of eligibility for transferable tax credits has been issued satisfies the criteria established by the Executive Director pursuant to subsection 2, the Office shall notify the person that transferable tax credits will be issued. Within 30 days after the receipt of the notice, the person shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the person a certificate of transferable tax credits in the amount approved by the Executive Director or the Board, as applicable, for the fees or taxes included in the declaration. The Office shall notify the Department of Taxation and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, and the amount of any transferable tax credits transferred.
(Added to NRS by 2015, 2479; A 2015, 29th Special Session, 12)
Catalyst Account
NRS 231.1573 Creation; disposition of interest and income; deposit of payments of loans; nonreversion; administration; gifts, grants and donations.
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 Grant or loan from Account: Procedures for applying; application by county or city; review, evaluation and approval of applications.
1. After considering any advice and recommendations of the Board, the Executive Director shall 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 the applicant to revise the 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. After receipt of an application pursuant to this section, the Executive Director shall review and evaluate 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.
4. If the applicant is requesting $100,000 or less, the Executive Director may approve the application and make a grant or loan of money from the Catalyst Account to the applicant 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.
5. If the applicant is requesting more than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application and make a grant or loan of money from the Catalyst Account to the applicant if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.
(Added to NRS by 2011, 3435; A 2013, 402, 2749; 2015, 2482)
NRS 231.1579 Grant from regional development authority to another organization for economic development: 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; disposition of interest and income; nonreversion; administration; gifts, grants and donations; allocations.
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 agreement for allocation with research university or Desert Research Institute; deposit in Account.
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 Allocations from Account: Procedures for applying; application by research university or Desert Research Institute; review and approval of applications; use of money; factors to be considered.
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 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.
3. 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.
4. 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.
(Added to NRS by 2011, 3438; A 2013, 2752)
NRS 231.1595 Powers and duties of Executive Director: Establishment of economic development goals and objectives; expansion of research; enhancement of transfer and commercialization of research and technologies; verification and monitoring of research programs and plans; encouragement of investment; requirements for reports; agreements to obtain private equity investment.
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: Establishment; required functions; cooperative design and operation with technology transfer offices at research universities and Desert Research Institute.
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 Authorized uses of allocations from the Account. 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. [Replaced in revision by NRS 231.8111.]
NRS 231.163 “Department” defined. [Replaced in revision by NRS 231.8113.]
NRS 231.165 “Director” defined. [Replaced in revision by NRS 231.8115.]
NRS 231.167 Creation; divisions. [Replaced in revision by NRS 231.8117.]
NRS 231.169 Bequests and gifts unaffected by creation of Department. [Replaced in revision by NRS 231.8119.]
NRS 231.170 Commission on Tourism: Appointment and qualifications of members. [Replaced in revision by NRS 231.8121.]
NRS 231.180 Commission on Tourism: Meetings; Secretary; rules; quorum; removal of appointed members. [Replaced in revision by NRS 231.8123.]
NRS 231.190 Commission on Tourism: Salary of appointed members. [Replaced in revision by NRS 231.8125.]
NRS 231.200 Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees. [Replaced in revision by NRS 231.8127.]
NRS 231.210 Director: Appointment; classification; restrictions on other employment. [Replaced in revision by NRS 231.8129.]
NRS 231.220 Director: Powers and duties. [Replaced in revision by NRS 231.8131.]
NRS 231.230 Employment of staff and consultants; contracts with public and private entities; classification of employees. [Replaced in revision by NRS 231.8133.]
NRS 231.235 Director: Use of records and assistance of other state agencies. [Replaced in revision by NRS 231.8135.]
NRS 231.240 Fees for materials prepared for distribution. [Replaced in revision by NRS 231.8137.]
NRS 231.250 Fund for the Promotion of Tourism. [Replaced in revision by NRS 231.8139.]
Division of Tourism
NRS 231.260 Duties. [Replaced in revision by NRS 231.8151.]
NRS 231.270 Formation of councils on tourism; production of promotional films; dissemination of information. [Replaced in revision by NRS 231.8155.]
NRS 231.290 Fund for the Nevada Magazine; conditions for trading of advertising services for services or products that benefit Nevada Magazine. [Replaced in revision by NRS 231.8157.]
Grant Program for the Development of Projects Relating to Tourism
NRS 231.310 Definitions. [Replaced in revision by NRS 231.8171.]
NRS 231.320 “Commission” defined. [Replaced in revision by NRS 231.8173.]
NRS 231.330 “Development of projects relating to tourism” defined. [Replaced in revision by NRS 231.8175.]
NRS 231.340 “Grant Program” defined. [Replaced in revision by NRS 231.8177.]
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. [Replaced in revision by NRS 231.8179.]
Projects to Assist Persons Experiencing Homelessness or at Risk of Homelessness
NRS 231.3711 Definitions. As used in NRS 231.3711 to 231.3739, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.3713 to 231.3723, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 3124)
NRS 231.3713 “Capital investment” defined. “Capital investment” means all costs and expenses incurred by the participants in a qualified project in connection with the acquisition, construction, installation and equipping of the qualified project.
(Added to NRS by 2023, 3124)
NRS 231.3715 “Lead participant” defined. “Lead participant” means a nonprofit corporation that:
1. Is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3);
2. Has a physical location in this State; and
3. Is designated by the participants in a project as the lead participant in an application submitted pursuant to NRS 231.3725.
(Added to NRS by 2023, 3124)
NRS 231.3717 “Matching funds” defined. “Matching funds” means an amount of money invested by this State in the capital construction of a qualified project in an amount equal to the amount of money invested by the participants in that project. The term does not include the value of in-kind services or other nonmonetary contributions.
(Added to NRS by 2023, 3124)
NRS 231.3719 “Participant” defined. “Participant” means a business, including, without limitation, a nonprofit organization or governmental entity which operates within the geographic boundaries of a project site and which contributes to or participates in the project.
(Added to NRS by 2023, 3124)
NRS 231.3721 “Project” defined. “Project” means a project undertaken by a business, group of businesses, including, without limitation, one or more nonprofit organizations, or one or more local governments:
1. Located within the geographic boundaries of one or more project sites in the State; and
2. Engaged in a common purpose or business endeavor.
(Added to NRS by 2023, 3124)
NRS 231.3723 “Qualified project” defined. “Qualified project” means a project which the Office determines meets all the requirements set forth in NRS 231.3725 and 231.3727.
(Added to NRS by 2023, 3125)
NRS 231.3725 Application for certificate of eligibility; required documentation; contents of application.
1. On behalf of a project, the lead participant in the project may apply to the Office for a certificate of eligibility for matching funds of up to $100,000,000 to be used exclusively for the acquisition, construction, installation and equipping of a qualified project.
2. For a project to be eligible for the matching funds described in subsection 1, the lead participant of the project must, on behalf of the project:
(a) Submit an application that meets the requirements of subsection 3;
(b) Provide documentation satisfactory to the Office that approval of the application would:
(1) Facilitate the economic development of this State;
(2) Aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(3) Increase the workforce in this State by helping those persons experiencing homelessness or at risk of becoming homeless to transition from experiencing homelessness or being at risk of homelessness to being economically self-sufficient.
3. An application submitted pursuant to subsection 2 must include:
(a) Documentation satisfactory to the Office that the project meets all of the requirements of a qualified project described in NRS 231.3727;
(b) A detailed business plan containing an outline of services to be provided by the project, capital construction financing, operational revenues and expenditures, governance structure, the core operating team and a plan for capital maintenance;
(c) The total cost of the project, which shall not be less than $150,000,000;
(d) Documentation satisfactory to the Office that the qualified project is reasonably expected to:
(1) Increase the workforce in this State by promoting greater opportunities for economic self-sufficiency;
(2) Improve the mental and physical well-being of persons at risk of becoming homeless;
(3) Reduce the incidence of homelessness in areas of acute risk and impact;
(4) Decrease long-term reliance on social services and public assistance programs;
(5) Increase the opportunity for services integration and collaboration; and
(6) Reduce criminal activity and recidivism and increase the share of the population with employable job skills;
(e) A summary of the relationship between and roles and responsibilities of the lead participant and the other participants in the project;
(f) A detailed description of the location or locations of the project, including, without limitation, a precise description of the geographic boundaries of the project site or sites;
(g) The name and business address of each participant in the project, which must be an address in this State;
(h) A detailed description of the plan by which the lead participant and the other participants in the project intend to comply with the requirement that the participants collectively make a total capital investment not less than $75,000,000 in the 5-year period immediately following approval of the application;
(i) Documentation satisfactory to the Office that the lead participant has the financial ability and operational expertise to effectively develop and operate the project;
(j) Documentation satisfactory to the Office that the participants in the project are engaged in a common purpose or business endeavor;
(k) Documentation satisfactory to the Office that the place of business of each participant is or will be located within the geographic boundaries of the project site or sites;
(l) Documentation satisfactory to the Office that each participant in the project is registered pursuant to the laws of this State or commits to obtaining a valid business license and all other permits required by the county, city or town in which the project operates;
(m) Documentation satisfactory to the Office of the number of employees engaged or anticipated to be engaged in the construction of the project;
(n) Documentation satisfactory to the Office of the number of qualified employees employed or anticipated to be employed at the project by the participants;
(o) Documentation satisfactory to the Office of the number of individuals expected to be served by the project;
(p) Documentation satisfactory to the Office that each employer engaged in the construction of the project provides a plan of health insurance and that each employee engaged in the construction of the project is offered coverage under the plan of health insurance provided by his or her employer;
(q) Documentation satisfactory to the Office that at least 50 percent of the employees engaged or anticipated to be engaged in construction of the project and 50 percent of the employees employed at the project are residents of Nevada, unless waived by the Executive Director of the Office upon proof satisfactory to the Executive Director of the Office that there is an insufficient number of residents of Nevada available and qualified for such employment;
(r) An agreement to provide the Office with a compliance report for the project at the end of each calendar quarter during construction and at the end of each fiscal year during all the years of operations, which:
(1) Provides the amount of money invested in the project;
(2) Provides the number of employees engaged in the construction of the project;
(3) Provides the number of employees employed at the project;
(4) Provides the total number of persons served by the project, including, without limitation, the number of persons placed in permanent housing and verifiable employment; and
(5) Meets any other requirements prescribed by the Office; and
(s) Any other information deemed necessary and appropriate by the Executive Director.
(Added to NRS by 2023, 3125)
NRS 231.3727 Qualified project: Determination by Office of Economic Development; purposes; provision of services; obligations of lead participant; examples of services and facilities authorized for inclusion in project.
1. In addition to meeting the requirements set forth in subsection 2 of NRS 231.3725, for a project to be eligible for the matching funds described in subsection 1 of NRS 231.3725, the project must be determined by the Office to be a qualified project as provided in this section.
2. A qualified project is a facility or facilities designed, developed and operated to:
(a) Provide comprehensive, sustainable and compassionate support services to individuals and families experiencing homelessness or at risk of homelessness; and
(b) Assist those individuals and families to overcome the barriers created by homelessness, find housing stability and achieve their full potential, while at the same time allowing them the opportunity to contribute to the economy of this State and participate in its workforce.
3. Services offered at a qualified project may be provided in collaboration with a nonprofit participant, for-profit or not-for-profit service provider, local government or other community-based organization within the public or private sectors.
4. The lead participant in a qualified project shall:
(a) In consultation with local governments, identify the site or sites where the qualified project will be located;
(b) Have a construction and development plan that identifies the sources and uses of funds to be used to construct the qualified project, including, without limitation, a private or nonprofit capital investment of not less than $75,000,000;
(c) Have a financial operating plan that sets forth revenues and expenditures for the first 10 years of operations and identifies sources of funding from private and public sources, including, without limitation, local, state and federal governments;
(d) Have an operating plan that identifies the services that will be provided at the qualified project;
(e) Establish a board of directors consisting of not less than nine members, each of whom must be a resident of this State and none of whom may be persons holding elected office or who held elected office in the immediately preceding 3 years;
(f) Identify and establish a qualified management and operating team of professionals with the requisite experience and expertise to effectively operate the qualified project; and
(g) Establish a technical advisory committee comprised of nonprofit organizations and local governments focused on providing essential services to the community, including, without limitation, those primarily related to homelessness prevention, food insecurity, domestic violence, emergency services and public safety, workforce development, education, early childhood development, housing, health and wellness and social services. The technical advisory committee shall advise the board of directors by providing critical insight into the most pressing needs of community members, thereby ensuring the organization is continually evolving to address current challenges within the local community.
5. A qualified project may include, without limitation:
(a) Navigation centers and emergency intake facilities that provide emergency shelter, nutritious meals, hygiene facilities, clothing and access to essential supplies. Such facilities must implement a low-barrier approach to ensuring inclusivity and accessibility, address the immediate needs of those experiencing homelessness and identify individuals who are ready, willing and able to utilize a broader range of available services.
(b) Health care and mental health care, including, without limitation, medical care, mental health counseling, addiction treatment programs and preventive care tailored to the unique needs of the homeless population.
(c) Job training and employment assistance, including, without limitation, the development of vocational training programs, job placement services and partnerships with local businesses and other service providers to equip individuals with marketable skills, employment opportunities and the necessary support for sustainable employment.
(d) Transitional housing services that:
(1) Facilitate temporary accommodations and support programs to assist individuals or families experiencing homelessness or unstable housing situations; and
(2) Are designed to provide a bridge between homelessness and permanent housing by offering a safe and stable living environment and supportive services to assist individuals or families stabilize their lives and regain independence.
(e) Permanent housing solutions that facilitate access to a range of housing options, including, without limitation, transitional housing, rapid rehousing, permanent supportive housing and affordable housing initiatives in partnership with local governments, housing authorities, landlords and developers.
(f) Integrated social service providers, including, without limitation, organizations or agencies that offer a comprehensive range of services and program access to individuals and families, including, without limitation, case management, housing assistance, employment and job training, health and mental health services, food and nutrition assistance, financial and economic support, child and family services and legal aid and advocacy.
(g) Community engagement and education through public awareness campaigns, educational workshops and community outreach initiatives to foster empathy, dispel stereotypes and engage the broader community in addressing homelessness.
(Added to NRS by 2023, 3127)
NRS 231.3729 Approval of application for certificate of eligibility; amount of matching funds; payment of costs of development and construction of qualified project; trust agreement.
1. If the Office of Economic Development approves an application for a certificate of eligibility for matching funds submitted pursuant to paragraph (a) of subsection 2 of NRS 231.3725, the Office shall immediately forward a copy of the certificate of eligibility which identifies the amount of the award to:
(a) The lead participant in the qualified project;
(b) The Director of the Legislative Counsel Bureau;
(c) The Chief of the Budget Division of the Office of Finance in the Office of the Governor; and
(d) The State Treasurer.
2. A qualified project may be approved for a certificate of eligibility for matching funds pursuant to subsection 1 in an amount not to exceed $100,000,000.
3. Except as otherwise provided in NRS 231.3711 to 231.3737, inclusive, the contribution from the matching funds awarded to the qualified project pursuant to subsection 1 must be proportional in terms of amount, contemporaneous in terms of timing and similar in terms of risk profile to the contribution to the cost of the development and construction of the qualified project by the lead participant, and:
(a) The lead participant shall pay the initial $25,000,000 of the costs of the development and construction of the qualified project.
(b) Payments after the initial payment required by paragraph (a) must be pro rata, based on the percentage of the total cost of the qualified project described in paragraph (c) of subsection 3 of NRS 231.3725 to be paid from approved matching funds and those to be paid by all other sources of project funding as set forth in an application approved by the Office pursuant to NRS 231.3725, except that such pro rata allocation must be adjusted such that the matching funds are used to pay the last $10,000,000 in project costs.
(c) The procedure for making monthly draws for the cost of the qualified project will be delineated in a trust agreement to be entered into by the Office and the lead participant, which will ensure that no money derived from the matching funds awarded pursuant to subsection 1 are expended unless money of the lead participant is previously or simultaneously expended, except for the initial payment described in paragraph (a) and the last payment described in paragraph (b).
(Added to NRS by 2023, 3128)
NRS 231.3731 Duty of lead participant in qualified project to provide records to verify eligibility for matching funds; repayment of matching funds; revocation or suspension of state business registration of lead participant; material underperformance of project; transfer of facility that ceases to operate or files for bankruptcy protection.
1. The lead participant of a qualified project shall, upon the request of the Office of Economic Development, furnish the Office with copies of all records necessary to verify that the qualified project meets or has met the eligibility requirements for state matching funds issued pursuant to NRS 231.3711 to 231.3737, inclusive.
2. The lead participant shall repay to the State Treasurer, as applicable, any portion of the matching funds to which the lead participant is not entitled if:
(a) The participants in the qualified project collectively fail to make the investment in this State necessary to support the determination by the Office that the project is a qualified project;
(b) The lead participant submits any false statement, representation or certification in any document submitted for the purpose of obtaining matching funds;
(c) The lead participant otherwise becomes ineligible for matching funds after receiving the matching funds pursuant to sections NRS 231.3711 to 231.3737, inclusive; or
(d) The lead participant ceases operation within 30 years of having received the last installment of matching funds pursuant to NRS 231.3711 to 231.3737, inclusive.
3. The Secretary of State may, upon application by the Executive Director, revoke or suspend the state business registration of the lead participant in a qualified project which is required to repay any portion of the matching funds allocated pursuant to subsection 2. If the state business registration of the lead participant in a qualified project is suspended or revoked pursuant to this subsection, the Secretary of State shall provide written notice of the action to the lead participant. The Secretary of State shall not reinstate a state business registration suspended pursuant to this subsection or issue a new state business registration to the lead participant whose state business registration has been revoked pursuant to this subsection unless the Executive Director provides proof satisfactory to the Secretary of State that the lead participant is in compliance with the requirements of this section governing repayment.
4. In the event the Executive Director determines that the project is materially underperforming based on the reports provided by the lead participant pursuant to paragraph (r) of subsection 3 of NRS 231.3725, the Executive Director may:
(a) Require that the lead participant review, revise and submit any element of the application submitted pursuant to subsection 3 of NRS 231.3725;
(b) Request operating recommendations for improvement from the technical advisory committee created pursuant to paragraph (g) of subsection 4 of NRS 231.3727;
(c) Request that the lead participant retain a subject matter expert to address the identified areas of underperformance; or
(d) Any combination of paragraphs (a), (b) and (c).
5. In the event the project ceases to operate pursuant to subsection 2 or files for bankruptcy protection under any chapter of Title 11 of United States Code after having received matching funds pursuant to NRS 231.3711 to 231.3737, inclusive, the facility, including the underlying land and any personal property necessary for the operations of the facility, shall be transferred to the incorporated city in which any part of the facility exists. If the facility does not exist in an incorporated city, it shall be transferred to the county in which the facility exists. Such transfer shall be made at no cost to the city or county, and the city or county may determine, at its sole discretion, whether to operate the facility in whole or in part or otherwise close, modify or sell the facility and any related assets.
(Added to NRS by 2023, 3129)
NRS 231.3733 Abatement of fees for permits or licenses for participant in qualified project. For the purpose of encouraging local economic development, the governing body of a city or county in which a qualified project is located may grant to any participant in a qualified project an abatement of all or any percentage of the amount of any permitting fee or licensing fee which the local government is authorized to impose or charge pursuant to chapter 244 or 268 of NRS.
(Added to NRS by 2023, 3130)
NRS 231.3735 Services provided at qualified project to be made available to residents of participating municipality; qualification as participating municipality.
1. Services provided at a qualified project that has received matching funds pursuant to NRS 231.3711 to 231.3737, inclusive, must be made available to the residents of any participating municipality described in subsection 2 within the county where the qualified project operates.
2. To qualify as a participating municipality pursuant to subsection 1, a municipality must:
(a) Have, within its borders, a navigation center or other process for initial intake and screening of individuals that are experiencing homelessness or are at imminent risk of homelessness, as well as a process whereby individuals or families seeking additional assistance may opt in to the services provided by the qualified project;
(b) Enter into a shared services agreement with the lead participant of the qualified project whereby the municipality contributes annually to ongoing facility operations and maintenance costs and receives equitable access to a share of the qualified project’s capacity; and
(c) Have an approved plan to provide affordable, attainable workforce development and permanent supportive housing within the borders of the municipality.
(Added to NRS by 2023, 3130)
NRS 231.3737 Financial operating plan for qualified project; annual transfer of money by State Controller; creation of provider codes to facilitate Medicaid billing for services; access of participant in project to other sources of funding; adjustments for inflation.
1. The financial operating plan for the qualified project prepared in accordance with paragraph (c) of subsection 4 of NRS 231.3727 must provide for the annual operations and maintenance of the facility as well as the ongoing capital needs of the facility.
2. To pay the operating costs of a facility within a qualified project, the State Controller shall, on July 1 of each fiscal year, transfer from the Homelessness Support Services Matching Account created by NRS 231.3739 an amount of money equal to the amount of money to be provided for that fiscal year by any participating municipalities pursuant to paragraph (b) of subsection 2 of NRS 231.3735, but such amount transferred by the State Controller must not exceed $15,000,000 per fiscal year, as adjusted pursuant to subsection 5.
3. In addition to any support provided pursuant to subsection 2, the Department of Health and Human Services may administratively create any necessary provider codes to maximize Medicaid billing for the services provided by the qualified project.
4. Nothing contained in NRS 231.3711 to 231.3737, inclusive, shall be deemed to limit the ability of any participant in a qualified project from accessing programmatic funding for services provided by the qualified project that would otherwise be available from a government, private sector or nonprofit source.
5. The monetary amount specified in subsection 2 shall be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the consumer price inflation index between the calendar year ending on December 31, 2023, and the calendar year immediately preceding the fiscal year for which the adjustment is made.
6. For the purposes of this section, “consumer price inflation index” means the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor or, if that index ceases to be published by the United States Department of Labor, the published index selected by the Department of Taxation pursuant to subsection 11 of NRS 361.091.
(Added to NRS by 2023, 3130)
NRS 231.3739 Homelessness Support Services Matching Account: Creation; administration; use of money; interest and income; nonreversion; gifts, grants, donations or appropriations.
1. The Homelessness Support Services Matching Account is hereby created in the State General Fund. The Account must be administered by the Executive Director of the Office of Economic Development and money in the Account may be expended only for the purpose of providing matching funds pursuant to NRS 231.3711 to 231.3737, inclusive.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. Any money in the 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 Account must be carried forward to the next fiscal year.
4. The Executive Director may apply for and accept any gift, grant, donation or appropriation for deposit in the Account.
(Added to NRS by 2023, 3131)
Nevada Air Service Development Commission
NRS 231.600 Definitions. As used in NRS 231.600 to 231.730, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.610 to 231.665, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 2144; A 2023, 2748)
NRS 231.610 “Air carrier” defined. “Air carrier” means a person who provides commercial air transportation to passengers. The term includes, without limitation, an air taxi operator designated pursuant to 14 C.F.R. § 298.3.
(Added to NRS by 2019, 2144; A 2023, 2748)
NRS 231.620 “Commission” defined. “Commission” means the Nevada Air Service Development Commission created by NRS 231.680.
(Added to NRS by 2019, 2144)
NRS 231.630 “Fund” defined. “Fund” means the Nevada Air Service Development Fund created by NRS 231.690.
(Added to NRS by 2019, 2144)
NRS 231.640 “Large hub airport” defined. Repealed. (See chapter 449, Statutes of Nevada 2023, at page 2750.)
NRS 231.650 “Local air service development entity” defined. “Local air service development entity” means:
1. A tourism or development organization;
2. An organization formed to encourage increased air service in this State; or
3. A chamber of commerce.
(Added to NRS by 2019, 2144)
NRS 231.655 “National Plan of Integrated Airport Systems public airport” or “NPIAS airport” defined. “National Plan of Integrated Airport Systems public airport” or “NPIAS airport” means an airport in this State that is part of the most recent version of the National Plan of Integrated Airport Systems published by the United States Secretary of Transportation pursuant to 49 U.S.C. § 47103.
(Added to NRS by 2023, 2748)
NRS 231.660 “Nonhub airport” defined. Repealed. (See chapter 449, Statutes of Nevada 2023, at page 2750.)
NRS 231.665 “Public use airport” defined. “Public use airport” has the meaning ascribed to it in 49 U.S.C. § 47102.
(Added to NRS by 2023, 2748)
NRS 231.670 “Small hub airport” defined. Repealed. (See chapter 449, Statutes of Nevada 2023, at page 2750.)
NRS 231.680 Creation; membership; terms; election of Chair, Vice Chair and Secretary; meetings; quorum.
1. There is hereby created within the Office of Economic Development the Nevada Air Service Development Commission, consisting of:
(a) The Executive Director; and
(b) One member appointed by the Governor who is a member of the Commission on Tourism;
(c) One member appointed by the Governor who represents the Nevada Aviation Association or its successor organization;
(d) One member appointed by the Governor who represents the department of aviation in a county whose population is 700,000 or more;
(e) One member appointed by the Governor who represents the Reno-Tahoe Airport Authority;
(f) One member appointed by the Governor who represents the Nevada Resort Association or its successor organization;
(g) One member appointed by the Governor who represents the Nevada Association of Counties or its successor organization; and
(h) One member appointed by the Governor who represents the Nevada League of Cities or its successor organization.
2. The Governor shall ensure that at least one member appointed pursuant to subsection 1 is a resident of a county whose population is less than 100,000.
3. The terms of office for the members of the Commission appointed pursuant to paragraphs (b) to (h), inclusive, of subsection 1 are 2 years, which terms must be staggered.
4. At the first meeting of each fiscal year, the Commission shall elect from among its members a Chair, a Vice Chair and a Secretary.
5. The Commission shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.
6. A majority of the members of the Commission constitutes a quorum for the transaction of all business.
(Added to NRS by 2019, 2144; A 2023, 2748)
NRS 231.690 Nevada Air Service Development Fund: Creation; gifts, grants and donations; interest; use.
1. There is hereby created as a special revenue fund in the State Treasury the Nevada Air Service Development Fund.
2. The Commission may accept gifts, bequests, grants, appropriations and donations from any source for deposit in the Fund.
3. The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.
4. The Commission may make grants of money from the Fund to air carriers that satisfy the criteria set forth in NRS 231.710.
(Added to NRS by 2019, 2144)
NRS 231.700 Administration of Fund; regulations. The Commission shall:
1. Administer the Fund; and
2. Adopt any regulations necessary or convenient to carry out the provisions of NRS 231.600 to 231.720, inclusive.
(Added to NRS by 2019, 2145)
NRS 231.710 Grant program for air service or enhanced air service; requirements for grant application.
1. The Commission shall develop a program to provide grants of money from the Fund to an air carrier or any governmental entity for the purpose of establishing air service or providing enhanced air service routes that service a public use airport that is an NPIAS airport.
2. An application for a grant of money from the Fund must be in the form prescribed by the Commission and must include, without limitation:
(a) A statement designating the airport described in subsection 1 for which the air carrier will commence or continue air service if the grant is awarded;
(b) Commitments from the air carrier that if the Commission awards the grant to the air carrier, the air carrier will enter into a written agreement with the Commission that provides for the air carrier to commence or continue air service to the airport designated in the application in exchange for receiving from the Commission one of the guarantees set forth in subsection 2 of NRS 231.720; and
(c) Letters of support from each airport that participates in the air service route offered by an air carrier pursuant to subsection 1.
(Added to NRS by 2019, 2145; A 2023, 2749)
1. The Commission may make a grant of money from the Fund if the Commission finds that the grant will:
(a) Enable an air carrier to commence or continue air service to an airport described in subsection 1 of NRS 231.710; and
(b) Provide economic benefit to this State.
2. The Commission may make a grant of money from the Fund only to:
(a) Guarantee that an air carrier will receive an agreed amount of revenue per flight that the air carrier operates into or out of the airport designated in the application pursuant to paragraph (a) of subsection 2 of NRS 231.710; or
(b) Guarantee a profit goal for the air carrier that is established by agreement between the air carrier and the Commission.
(Added to NRS by 2019, 2145; A 2023, 2750)
NRS 231.730 Annual reports to Legislature. On or before February 1 of each year, the Commission shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, the Legislative Commission, a report detailing for the immediately preceding calendar year:
1. The total number of applications for grants of money from the Fund that were received;
2. The total amount of grants from the Fund that were awarded by the Commission to air carriers; and
3. For each grant of money awarded from the Fund, the amount of each grant and an explanation of how the grant will be used by the air carrier to provide or enhance air service to an airport.
(Added to NRS by 2023, 2748)
DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS
General Provisions
NRS 231.8111 Definitions. As used in NRS 231.8111 to 231.8179, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.8113 and 231.8115 have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 2937; A 2023, 1976)—(Substituted in revision for NRS 231.161)
NRS 231.8113 “Department” defined. “Department” means the Department of Tourism and Cultural Affairs.
(Added to NRS by 2011, 2937)—(Substituted in revision for NRS 231.163)
NRS 231.8115 “Director” defined. “Director” means the Director of the Department.
(Added to NRS by 2011, 2937)—(Substituted in revision for NRS 231.165)
NRS 231.8117 Creation; divisions. [Effective through June 30, 2024.] 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.1005;
6. The Board of the Nevada Arts Council, created by NRS 233C.030; and
7. The Commission on Tourism.
(Added to NRS by 1983, 1161; A 2011, 2938; 2015, 73)—(Substituted in revision for NRS 231.167)
NRS 231.8117 Creation; divisions. [Effective July 1, 2024.] 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 Board of the Nevada Arts Council, created by NRS 233C.030; and
6. The Commission on Tourism.
(Added to NRS by 1983, 1161; A 2011, 2938; 2015, 73; 2023, 2761, effective July 1, 2024)—(Substituted in revision for NRS 231.167)
NRS 231.8119 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)—(Substituted in revision for NRS 231.169)
NRS 231.8121 Commission on Tourism: Membership; qualifications of members.
1. The Commission on Tourism is composed of 11 voting members as follows:
(a) The Lieutenant Governor, who is its Chair;
(b) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and
(c) 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 231.8139 for the previous fiscal year.
2. A change in any member of the Commission who serves pursuant to paragraph (c) 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 paragraph (b) 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 may 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; 2015, 73; 2023, 1976, 2761)—(Substituted in revision for NRS 231.170)
NRS 231.8123 Commission on Tourism: Meetings; Secretary; rules; quorum; 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)—(Substituted in revision for NRS 231.180)
NRS 231.8125 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)—(Substituted in revision for NRS 231.190)
NRS 231.8127 Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees. 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 Visitor Guide 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; 2023, 1977)—(Substituted in revision for NRS 231.200)
NRS 231.8129 Director: Appointment; classification; restrictions on other employment. [Effective through June 30, 2024.] 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 Board of Museums and History;
(c) Chair of the Nevada Indian Commission; and
(d) Chair of the Board of the Nevada Arts Council.
2. Is in the unclassified service of the State.
3. 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; 2015, 74)—(Substituted in revision for NRS 231.210)
NRS 231.8129 Director: Appointment; classification; restrictions on other employment. [Effective July 1, 2024.] 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 Board of Museums and History; and
(c) Chair of the Board of the Nevada Arts Council.
2. Is in the unclassified service of the State.
3. 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; 2015, 74; 2023, 2762, effective July 1, 2024)—(Substituted in revision for NRS 231.210)
NRS 231.8131 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 231.8111 to 231.8179, inclusive.
(Added to NRS by 1983, 1163; A 2001, 2829; 2005, 1406; 2007, 999; 2011, 2939)—(Substituted in revision for NRS 231.220)
NRS 231.8133 Employment of staff and consultants; contracts with public and private entities; classification of 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 231.8111 to 231.8179, inclusive.
2. Except as otherwise provided in subsection 3, the clerical employees of the Department are in the classified service of the State.
3. Except as otherwise provided in NRS 231.8153, 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; 2023, 1977)—(Substituted in revision for NRS 231.230)
NRS 231.8135 Director: 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)—(Substituted in revision for NRS 231.235)
NRS 231.8137 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)—(Substituted in revision for NRS 231.240)
NRS 231.8139 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 or for any other purpose authorized by the Legislature.
(Added to NRS by 1983, 476; A 1983, 1174; 2011, 2940; 2015, 2206)—(Substituted in revision for NRS 231.250)
NRS 231.8141 Fund for Tourism and Cultural Affairs: Creation; administration; use of money; nonreversion; payment of claims; interest and income.
1. The Fund for Tourism and Cultural Affairs is hereby created in the State Treasury, to be administered by the Director.
2. Money in the Fund must be used to support the operations of the Department in administering the provisions of NRS 231.8111 to 231.8179, inclusive. The money in the Fund must remain in the Fund and does not revert to the State General Fund at the end of any fiscal year.
3. Claims against the Fund must be paid as other claims against the State are paid.
4. Interest and income earned on money in the Fund must be credited to the Fund.
(Added to NRS by 2023, 1976)
Division of Tourism
NRS 231.8151 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 and Visitor Guide. The Nevada Magazine and Visitor Guide 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; 2023, 1977)—(Substituted in revision for NRS 231.260)
NRS 231.8153 Deputy of Division: Appointment; classification; duties; restrictions on other employment.
1. The Director may appoint a Deputy of the Division of Tourism in the unclassified service of the State.
2. If appointed pursuant to subsection 1, the Deputy shall:
(a) Carry out the duties of the Division set forth in NRS 231.8151, 231.8155 and 231.8157.
(b) 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 2023, 1976)
NRS 231.8155 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)—(Substituted in revision for NRS 231.270)
NRS 231.8157 Deposit of receipts from publication of Nevada Magazine and Visitor Guide; use of revenue for educational materials; trading of advertising services for services or products.
1. All receipts from publication of the Nevada Magazine and Visitor Guide and from any other operation conducted by the magazine must be deposited with the State Treasurer for credit to the Fund for Tourism and Cultural Affairs created pursuant to NRS 231.8141, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the Fund. Revenue from the publication of the Nevada Magazine and Visitor Guide may be used for the publication and distribution to schools of educational materials relating to the natural and cultural resources of this State.
2. This section does not preclude Nevada Magazine and Visitor Guide from trading its advertising services for services or products that promote or benefit Nevada Magazine and Visitor Guide, including, without limitation, travel services which are required by Nevada Magazine and Visitor Guide, 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; 2023, 1978)—(Substituted in revision for NRS 231.290)
Grant Program for the Development of Projects Relating to Tourism
NRS 231.8171 Definitions. As used in NRS 231.8171 to 231.8179, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.8173, 231.8175 and 231.8177 have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2827)—(Substituted in revision for NRS 231.310)
NRS 231.8173 “Commission” defined. “Commission” means the Commission on Tourism created by NRS 231.8121.
(Added to NRS by 2001, 2827; A 2011, 2941)—(Substituted in revision for NRS 231.320)
NRS 231.8175 “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)—(Substituted in revision for NRS 231.330)
NRS 231.8177 “Grant Program” defined. “Grant Program” means the Grant Program administered by the Commission.
(Added to NRS by 2001, 2827; A 2011, 2941)—(Substituted in revision for NRS 231.340)
NRS 231.8179 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 231.8139 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)—(Substituted in revision for NRS 231.360)