Assembly Bill No. 363

Assembly Bill No. 363-Assemblymen Segerblom, Ohrenschall, Perkins, Williams, Herrera, Carpenter, Lee, Koivisto, Anderson, Krenzer, Giunchigliani, Freeman, Amodei, de Braga, Parks, Lambert, Bache, Marvel, Neighbors, Manendo, Collins, Von Tobel, Humke, Goldwater, Tiffany and Evans

CHAPTER

518

AN ACT relating to entertainment; revising provisions governing the making of stage productions and motion pictures within this state; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a motion picture company begins production of a motion picture in this state, the motion picture company must:
(a) Register with the division of motion pictures; and
(b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this state.
2. The registration filed with the division of motion pictures must:
(a) Contain a provision which provides that the motion picture company agrees to pay, within 30 days after the filming of the motion picture is completed in this state, all of the debts and obligations incurred by the motion picture company in the production of the motion picture in this state.
(b) Be signed by:
(1) A person who is authorized to enter into an agreement on behalf of the motion picture company; and
(2) The administrator of the division of motion pictures or, in a county whose population is 400,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.
Sec. 2. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.030 to 231.130, inclusive, and section 1 of this act, unless the context otherwise requires, "motion pictures" includes [films to be shown in theaters and on television, industrial, training and educational films, commercials for television, and video discs and tapes.] feature films, movies made for broadcast on television and programs made for broadcast on television in episodes.
Sec. 3. NRS 364A.153 is hereby amended to read as follows:
364A.153 1. The division of motion pictures of the commission on economic development [, as an agent] or, in a county whose population is 400,000 or more, the department or agency within that county which is authorized to issue business licenses on behalf of the county, as agents of the department of taxation, shall collect the tax imposed by this chapter from those businesses that engage in the business of creating or producing motion pictures, as that term is defined in NRS 231.020, that are not residents or do not have a permanent place of business in [Nevada.] this state. All taxes collected [by the division of motion pictures] pursuant to this subsection must be immediately forwarded to the department upon receipt.
2. The tax must be calculated pursuant to NRS 364A.140 and 364A.150 upon the number of hours worked in this state, but a person who conducts a business described in subsection 1 need not obtain a business license under this chapter.
Sec. 4. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
In a county whose population is 400,000 or more, if the department or agency within that county which is authorized to issue business licenses on behalf of the county receives:
1. A request for a waiver pursuant to subsection 5 of section 6 of this act; or
2. A bond posted pursuant to section 7 of this act,
the department or agency shall, within 1 working day, transmit the request or bond to the division of motion pictures of the commission on economic development. Upon the receipt of a request or bond, the producer-promoter-employer to whom the request or bond pertains shall be deemed to have complied with section 1 of this act.
Sec. 5. NRS 608.300 is hereby amended to read as follows:
608.300 As used in NRS 608.310 and 608.320, and section 4 of this act, unless the context otherwise requires:
1. "Artist" means an actor, musician, dancer or athlete.
2. "Production" means [a stage or screen production or a radio or television program using artists and including the technical personnel used to create and produce it.
3. "Producer-promoter"] :
(a) A stage production; or
(b) A motion picture, as that term is defined in NRS 231.020,
that uses artists. The term includes the technical personnel used to create and produce the production.
3. "Producer-promoter-employer" means a natural person who, or a firm, association or corporation which, supervises or finances a production or attempts to organize a production. The term also includes a company that, in connection with the production of a motion picture within this state:
(a) Is hired or established to organize or manage the payroll of the production and is the employer of record of any or all of the persons engaged in the production; or
(b) Is responsible for all of the debts and obligations incurred by a motion picture company in the production.
Sec. 6. NRS 608.310 is hereby amended to read as follows:
608.310 1. Except as otherwise provided in subsection 4, a [producer-promoter] producer-promoter-employer intending to do business in this state must obtain a permit from the labor commissioner.
2. An application for the permit required by subsection 1 must contain information concerning:
(a) The applicant's name and permanent address;
(b) The financing for the production;
(c) The type of production intended by the applicant, the number of artists, technical personnel and other persons required for the production and where the applicant intends to exhibit the production; and
(d) Such other information as the labor commissioner may require by regulation for the protection of persons associated with the entertainment industry.
3. The commissioner may by regulation require a reasonable fee for processing an application.
4. The provisions of this section do not apply to any [producer-promoter] producer-promoter-employer who produces proof to the commissioner or, in a county whose population is 400,000 or more, produces proof to the department or agency within that county which is authorized to issue business licenses on behalf of the county that he:
(a) Has been in the business of a [producer-promoter] producer-promoter-employer in this state for the 5-year period immediately preceding the filing of the application and has had no successful wage claim filed with the labor commissioner during that period;
(b) Has sufficient tangible assets in this state which, if executed upon, would equal or exceed the amount of bond required; [or]
(c) Holds a license to operate a nonrestricted gaming operation in this state [.] ; or
(d) If the producer-promoter-employer is engaged in the production of a motion picture, as that term is defined in NRS 231.020, within a county whose population is 400,000 or more, has contracted with a company to organize or manage the payroll of the production and the company is the employer of record of any or all of the persons engaged in the production.
5. If a producer-promoter-employer is exempt from the provisions of this section pursuant to subsection 4, he may request a waiver confirming that exemption from:
(a) The director of the division of motion pictures of the commission on economic development; or
(b) In a county whose population is 400,000 or more, the department or agency within that county which is authorized to issue business licenses on behalf of the county.
If the request is made pursuant to paragraph (b), the department or agency shall submit the request to the division of motion pictures in accordance with section 4 of this act. The labor commissioner shall, within 1 working day, approve such a request upon confirmation that the producer-promoter-employer fulfills one or more of the criteria for an exemption set forth in subsection 4. A waiver approved pursuant to this subsection is effective for a period of 5 years unless the labor commissioner determines that good cause exists to revoke the waiver. Upon the expiration of a waiver at the end of the 5-year period, the labor commissioner may extend the waiver for an additional period if the labor commissioner determines that the producer-promoter-employer has acted in good faith and has complied with the statutes and regulations of this state.
Sec. 7. NRS 608.320 is hereby amended to read as follows:
608.320 A [producer-promoter] producer-promoter-employer required by NRS 608.310 to obtain a permit from the labor commissioner must, before being granted the permit, post a bond with [the] :
1. The labor commissioner ; or
2. In a county whose population is 400,000 or more, with the department or agency within that county which is authorized to issue business licenses on behalf of the county,
in the amount of at least twice the average weekly wages to be paid by the [producer-promoter] producer-promoter-employer to persons to be employed in the production. Except as otherwise provided in this section, the bond must be conditioned on the payment of all wages due all artists, technical personnel and other persons employed in the production upon the cessation of the production or upon the subrogation of another for the liabilities of the [producer-promoter,] producer-promoter-employer, if that subrogation is satisfactory to the labor commissioner. The bond need not be conditioned upon the payment of any wages due to the persons who are the celebrity headliners in the production or the executive personnel, managers or supervisors.
Sec. 8. NRS 608.330 is hereby amended to read as follows:
608.330 Any person who fails to comply with the provisions of NRS 608.300, 608.310 and 608.320 [is] :
(a) Is guilty of a misdemeanor [.] ; and
(b) May be prohibited by the division of motion pictures of the commission on economic development from proceeding with the production until the division determines that he is in compliance with those provisions.
Sec. 9. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
________