requires two-thirds majority vote (§§ 14, 17, 21, 42, 44, 48, 63-66, 76, 77,
79-89, 91-156, 158-164, 170, 171, 173-180, 184-187, 189)
S.B. 238
Senate Bill No. 238–Committee on Taxation
(On Behalf of the Governor)
March 5, 2003
____________
Referred to Committee on Taxation
SUMMARY—Provides revenue in support of state budget. (BDR 32‑1208)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation included in Executive Budget.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to state finances; providing for the imposition and administration of state taxes on the gross receipts of businesses and on certain admissions and amusements; increasing certain taxes and fees; levying an ad valorem tax and revising certain limitations on the total ad valorem tax levy; revising certain provisions governing state business licenses; providing for the implementation of certain administrative methods to increase the generation of revenue; requiring certain public bodies to include a clause regarding compliance with state and local laws in each contract for a public work; requiring the review of laws regarding certain exemptions from taxes; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1 Section 1. Title 32 of NRS is hereby amended by adding
2-2 thereto a new chapter to consist of the provisions set forth as
2-3 sections 2 to 33, inclusive, of this act.
2-4 Sec. 2. As used in this chapter, unless the context otherwise
2-5 requires, the words and terms defined in sections 3 to 10,
2-6 inclusive, of this act have the meanings ascribed to them in those
2-7 sections.
2-8 Sec. 3. 1. “Business entity” includes:
2-9 (a) A corporation, partnership, proprietorship, business
2-10 association and any other person engaging in a business; and
2-11 (b) A natural person engaging in a business if he is deemed to
2-12 be a business entity pursuant to section 16 of this act.
2-13 2. The term includes an independent contractor.
2-14 3. The term does not include a governmental entity.
2-15 Sec. 4. “Business” means any activity engaged in or caused
2-16 to be engaged in with the object of gain, benefit or advantage,
2-17 either direct or indirect, to any person or governmental entity.
2-18 Sec. 5. “Commission” means the Nevada Tax Commission.
2-19 Sec. 6. “Engaging in a business” means commencing,
2-20 conducting or continuing a business, the exercise of corporate or
2-21 franchise powers regarding a business, and the liquidation of a
2-22 business entity which is or was engaging in a business when the
2-23 liquidator holds itself out to the public as conducting that
2-24 business.
2-25 Sec. 7. “Fiscal year” means the 12-month period beginning
2-26 on the first day of July and ending on the last day of June.
2-27 Sec. 8. “Gross amount received or receivable” means the
2-28 total sum of any money and the fair market value of any other
2-29 property or services received or receivable, including, without
2-30 limitation, rents, royalties, interest and dividends.
2-31 Sec. 9. 1. Except as otherwise provided in this section,
2-32 “gross receipts” means the gross amount received or receivable on
2-33 the use, sale or exchange of property or capital or for the
2-34 performance of services, from any transaction involving a
2-35 business, without any reduction for the basis of property sold, the
2-36 cost of goods or services sold, or any other expense of the
2-37 business.
2-38 2. “Gross receipts” does not include:
2-39 (a) Any revenue which this state is prohibited from taxing
2-40 pursuant to the Constitution or laws of the United States or the
2-41 Nevada Constitution.
2-42 (b) Any revenue received by a nonprofit organization that
2-43 qualifies as a tax-exempt organization pursuant to 26 U.S.C. §
2-44 501(c), as membership fees or dues or as a result of its fund-
2-45 raising activities.
3-1 (c) Any revenue received by a natural person from the rental
3-2 of not more than four residential units.
3-3 (d) Any revenue from the sale of agricultural products at
3-4 wholesale.
3-5 (e) If a business entity pays a tax on premiums pursuant to title
3-6 57 of NRS, the total income of the business entity derived from
3-7 direct premiums written.
3-8 (f) If a business entity pays a license fee pursuant to NRS
3-9 463.370, the total sum of all amounts specifically included by
3-10 statute in and all amounts specifically excluded by statute from the
3-11 calculation of that fee for the business entity.
3-12 (g) If a business entity pays a license fee pursuant to NRS
3-13 463.373, the gross receipts of the business entity from the
3-14 operation of the slot machines upon which that fee is paid.
3-15 Sec. 10. 1. “Pass-through revenue” means revenue
3-16 received by a business entity solely on behalf of another in a
3-17 disclosed agency capacity, including, without limitation, revenue
3-18 received as a broker, bailee, consignee or auctioneer,
3-19 notwithstanding that the business entity may incur liability,
3-20 primarily or secondarily, in a transaction in its capacity as an
3-21 agent.
3-22 2. “Pass-through revenue” includes reimbursement for
3-23 advances made by a business entity on behalf of a customer or
3-24 client, other than with respect to services rendered or with respect
3-25 to purchases of goods by the business entity in carrying out the
3-26 business in which it engages.
3-27 Sec. 11. The Legislature hereby finds and declares that the
3-28 tax imposed by this chapter on a business entity must not be
3-29 construed as a tax upon the customers of the business entity, but
3-30 as a tax which is imposed upon and collectible from the business
3-31 entity and which constitutes part of the operating overhead of the
3-32 business entity.
3-33 Sec. 12. The Department shall:
3-34 1. Administer and enforce the provisions of this chapter, and
3-35 may adopt such regulations as it deems appropriate for that
3-36 purpose.
3-37 2. Deposit all taxes, interest and penalties it receives pursuant
3-38 to this chapter in the State Treasury for credit to the State General
3-39 Fund.
3-40 Sec. 13. 1. Each person responsible for maintaining the
3-41 records of a business entity shall:
3-42 (a) Keep such records as may be necessary to determine the
3-43 amount of its liability pursuant to the provisions of this chapter;
4-1 (b) Preserve those records for 4 years or until any litigation or
4-2 prosecution pursuant to this chapter is finally determined,
4-3 whichever is longer; and
4-4 (c) Make the records available for inspection by the
4-5 Department upon demand at reasonable times during regular
4-6 business hours.
4-7 2. Any person who violates the provisions of subsection 1 is
4-8 guilty of a misdemeanor.
4-9 Sec. 14. 1. To verify the accuracy of any return filed, or, if
4-10 no return is filed by a business entity, to determine the amount
4-11 required to be paid, the Department, or any person authorized in
4-12 writing by the Department, may examine the books, papers and
4-13 records of any person or business entity that may be liable for the
4-14 tax imposed by this chapter.
4-15 2. Any person or business entity which may be liable for the
4-16 tax imposed by this chapter and which keeps outside of this state
4-17 its books, papers and records relating thereto shall pay to the
4-18 Department an amount equal to the allowance provided for state
4-19 officers and employees generally while traveling outside of the
4-20 State for each day or fraction thereof during which an employee
4-21 of the Department is engaged in examining those documents, plus
4-22 any other actual expenses incurred by the employee while he is
4-23 absent from his regular place of employment to examine those
4-24 documents.
4-25 Sec. 15. 1. Except as otherwise provided in this section and
4-26 NRS 360.250, the records and files of the Department concerning
4-27 the administration of this chapter are confidential and privileged.
4-28 The Department, and any employee engaged in the administration
4-29 of this chapter or charged with the custody of any such records or
4-30 files, shall not disclose any information obtained from the
4-31 Department’s records or files or from any examination,
4-32 investigation or hearing authorized by the provisions of this
4-33 chapter. Neither the Department nor any employee of the
4-34 Department may be required to produce any of the records, files
4-35 and information for the inspection of any person or for use in any
4-36 action or proceeding.
4-37 2. The records and files of the Department concerning the
4-38 administration of this chapter are not confidential and privileged
4-39 in the following cases:
4-40 (a) Testimony by a member or employee of the Department
4-41 and production of records, files and information on behalf of the
4-42 Department or a taxpayer in any action or proceeding pursuant to
4-43 the provisions of this chapter if that testimony or the records, files
4-44 or information, or the facts shown thereby are directly involved in
4-45 the action or proceeding.
5-1 (b) Delivery to a taxpayer or his authorized representative of a
5-2 copy of any return or other document filed by the taxpayer
5-3 pursuant to this chapter.
5-4 (c) Publication of statistics so classified as to prevent the
5-5 identification of a particular business entity or document.
5-6 (d) Exchanges of information with the Internal Revenue
5-7 Service in accordance with compacts made and provided for in
5-8 such cases.
5-9 (e) Disclosure in confidence to the Governor or his agent in
5-10 the exercise of the Governor’s general supervisory powers, or to
5-11 any person authorized to audit the accounts of the Department in
5-12 pursuance of an audit, or to the Attorney General or other legal
5-13 representative of the State in connection with an action or
5-14 proceeding pursuant to this chapter, or to any agency of this or
5-15 any other state charged with the administration or enforcement of
5-16 laws relating to taxation.
5-17 (f) Exchanges of information pursuant to subsection 3.
5-18 3. The Commission may agree with any county fair and
5-19 recreation board or the governing body of any county, city or town
5-20 for the continuing exchange of information concerning taxpayers.
5-21 Sec. 16. A natural person engaging in a business shall be
5-22 deemed to be a business entity that is subject to the provisions of
5-23 this chapter if the person is required to file with the Internal
5-24 Revenue Service a Schedule C (Form 1040), Profit or Loss From
5-25 Business form, or its equivalent or successor form, or a Schedule
5-26 F (Form 1040), Profit or Loss From Farming form, or its
5-27 equivalent or successor form, for the business.
5-28 Sec. 17. 1. An excise tax is hereby imposed upon each
5-29 business entity for the privilege of engaging in a business in this
5-30 state at the rate of 0.25 percent of the amount of the gross receipts
5-31 of the business entity in this state in excess of $450,000 per fiscal
5-32 year. The tax is due and payable as provided in this section.
5-33 2. Each business entity engaging in a business in this state
5-34 during a calendar quarter shall, on or before the last day of
5-35 the month immediately following that calendar quarter, file with
5-36 the Department a return on a form prescribed by the Department.
5-37 The form must provide each business entity with an opportunity
5-38 for account reconciliation.
5-39 3. Except as otherwise provided in subsection 4, a business
5-40 entity shall remit with the return required to be filed pursuant to
5-41 subsection 2 on or before the last day of:
5-42 (a) October, a sum equal to 0.25 percent of the amount of the
5-43 gross receipts of the business entity in this state for the first
5-44 calendar quarter of that fiscal year in excess of $112,500;
6-1 (b) January, a sum equal to 0.25 percent of the amount of the
6-2 gross receipts of the business entity in this state for the first 2
6-3 calendar quarters of that fiscal year in excess of $225,000, except
6-4 that the business entity is entitled to a credit against the sum due
6-5 pursuant to this paragraph equal to the amount of any sum
6-6 remitted pursuant to paragraph (a) for that fiscal year;
6-7 (c) April, a sum equal to 0.25 percent of the amount of the
6-8 gross receipts of the business entity in this state for the first 3
6-9 calendar quarters of that fiscal year in excess of $337,500, except
6-10 that the business entity is entitled to a credit against the sum due
6-11 pursuant to this paragraph equal to the total amount of any sums
6-12 remitted pursuant to paragraphs (a) and (b) for that fiscal year;
6-13 and
6-14 (d) July, a sum equal to 0.25 percent of the amount of the
6-15 gross receipts of the business entity in this state for the
6-16 immediately preceding fiscal year in excess of $450,000, except
6-17 that the business entity is entitled to a credit against the sum due
6-18 pursuant to this paragraph equal to the total amount of any sums
6-19 remitted pursuant to paragraphs (a), (b) and (c) for that fiscal
6-20 year.
6-21 4. A business entity may, under such conditions as the
6-22 Department deems appropriate, elect to defer the remittance of any
6-23 of the sums due pursuant to paragraphs (a), (b) and (c) of
6-24 subsection 3 for a fiscal year until not later than the last day of
6-25 July immediately following that fiscal year. If a business entity
6-26 elects to defer any payments pursuant to this subsection and the
6-27 amount of the gross receipts of the business entity in this state for
6-28 that fiscal year:
6-29 (a) Does not exceed $450,000, the business entity is not liable
6-30 for the payment of any of the amounts otherwise required
6-31 pursuant to subsection 3 for that fiscal year.
6-32 (b) Exceeds $450,000, the deferral of any payments pursuant
6-33 to this subsection shall be deemed, for the purposes of NRS
6-34 360.417, to constitute a failure to pay the tax within the time
6-35 required pursuant to this section.
6-36 Sec. 18. 1. The Department shall, by regulation, adopt
6-37 criteria for determining the amount of gross receipts attributable
6-38 to business conducted in this state by each business entity for the
6-39 purpose of calculating the tax liability of the business entity
6-40 pursuant to this chapter.
6-41 2. The regulations required by subsection 1 must include
6-42 criteria which:
6-43 (a) Give adequate weight to the essential elements responsible
6-44 for the earning of income by each business entity;
7-1 (b) Fairly, equitably and reasonably determine the amount of
7-2 the gross receipts of each business entity to which the tax imposed
7-3 pursuant to this chapter is applicable;
7-4 (c) Ensure that all gross receipts that are lawfully taxable
7-5 pursuant to this chapter are included in the calculation of the tax
7-6 liability of each business entity; and
7-7 (d) Ensure that the business entity is not liable for the taxes
7-8 imposed by this state if another state lawfully imposes taxes on the
7-9 same gross receipts.
7-10 3. The criteria required by subsection 2 may include, without
7-11 limitation, consideration of such factors as sales, purchases,
7-12 expenses of manufacture, payroll, value and situs of tangible
7-13 property to determine gross receipts or reference to any of these or
7-14 other factors or such other method of determination as is fairly
7-15 calculated to determine the gross receipts derived from or
7-16 attributable to business within this state. In determining the gross
7-17 receipts derived from the sale of products, the Department may
7-18 provide for the determination of the value of the products based
7-19 upon the gross receipts from sales within this state of similar
7-20 products of like character and quality, in similar quantities by
7-21 other business entities, if the Department determines that the
7-22 income derived from the sale of the products is not indicative of
7-23 the true value of the subject matter of the sale.
7-24 4. The Department shall ensure that the tax imposed by this
7-25 chapter:
7-26 (a) Is applied only to business that has a substantial nexus
7-27 with this state;
7-28 (b) Does not discriminate against interstate commerce; and
7-29 (c) Is fairly related to the presence and activities of the
7-30 business entity within this state.
7-31 5. The Department shall include in the regulations adopted
7-32 pursuant to subsection 1 appropriate procedures for appeals from
7-33 decisions made by the Department in carrying out the regulations
7-34 adopted pursuant to this section. The regulations must require that
7-35 to prevail in the appeal the taxpayer must prove by clear and
7-36 convincing evidence that the method used by the Department for
7-37 determining the amount of gross receipts that are taxable
7-38 pursuant to this chapter did not fairly represent the extent of the
7-39 business conducted by the business entity in this state.
7-40 Sec. 19. In calculating the tax liability of a business entity
7-41 pursuant to this chapter, the business entity is entitled to deduct
7-42 from it gross receipts:
7-43 1. The amount of any federal, state or local governmental
7-44 fuel taxes collected by the business entity.
8-1 2. Any revenue of the business entity attributable to interest
8-2 upon any bonds or securities of the Federal Government, the State
8-3 of Nevada, or a political subdivision of this state.
8-4 3. Any pass-through revenue of the business entity.
8-5 4. Any revenue received as dividends or distributions by a
8-6 parent organization from the capital account of a subsidiary entity
8-7 of the parent organization.
8-8 5. Any operating revenue of a public utility for the provision
8-9 of electric, gas, water or sewer service.
8-10 6. Any revenue received by a hospital or provider of health
8-11 care from a governmental entity.
8-12 7. Any cash discounts the business entity allows a purchaser
8-13 of property, rights or services.
8-14 8. Any indebtedness to the business entity which is impossible
8-15 or impracticable to collect and which is written off by the business
8-16 entity as a bad debt for purposes of federal taxation.
8-17 9. Any counterfeit currency received by the business entity for
8-18 which the business entity is not reimbursed.
8-19 10. The amount of any payments received by the business
8-20 entity upon claims for health, casualty or life insurance.
8-21 11. The amount of any refunds by the business entity of the
8-22 purchase price of defective goods.
8-23 Sec. 20. 1. If the Department determines, after notice and
8-24 hearing, that:
8-25 (a) Two or more business entities are members of the same
8-26 control group;
8-27 (b) Those business entities are engaged in essentially identical
8-28 activities; and
8-29 (c) The purpose of engaging in those activities through
8-30 multiple legal entities is to avoid or to reduce liability for the tax
8-31 imposed by this chapter,
8-32 the Department may require those business entities or the control
8-33 group to compute their liability for the tax imposed by this chapter
8-34 as a single business entity.
8-35 2. As used in this section, “control group” means any
8-36 business entity in which 50 percent or more of the ownership
8-37 belongs to a single legal entity, whether through holdings of stock
8-38 or otherwise.
8-39 Sec. 21. Upon written application made before the date on
8-40 which payment must be made, the Department may for good cause
8-41 extend by 30 days the time within which a business entity is
8-42 required to pay the tax imposed by this chapter. If the tax is paid
8-43 during the period of extension, no penalty or late charge may be
8-44 imposed for failure to pay at the time required, but the business
8-45 entity shall pay interest at the rate of 1 percent per month from the
9-1 date on which the amount would have been due without the
9-2 extension until the date of payment, unless otherwise provided in
9-3 NRS 360.232 or 360.320.
9-4 Sec. 22. The remedies of the State provided for in this
9-5 chapter are cumulative, and no action taken by the Department or
9-6 the Attorney General constitutes an election by the State to pursue
9-7 any remedy to the exclusion of any other remedy for which
9-8 provision is made in this chapter.
9-9 Sec. 23. If the Department determines that any tax, penalty
9-10 or interest has been paid more than once or has been erroneously
9-11 or illegally collected or computed, the Department shall set forth
9-12 that fact in the records of the Department and certify to the State
9-13 Board of Examiners the amount collected in excess of the amount
9-14 legally due and the business entity or person from which it was
9-15 collected or by whom paid. If approved by the State Board of
9-16 Examiners, the excess amount collected or paid must be credited
9-17 on any amounts then due from the person or business entity under
9-18 this chapter, and the balance refunded to the person or business
9-19 entity, or its successors, administrators or executors.
9-20 Sec. 24. 1. Except as otherwise provided in NRS 360.235
9-21 and 360.395:
9-22 (a) No refund may be allowed unless a claim for it is filed with
9-23 the Department within 3 years after the last day of July
9-24 immediately following the close of the fiscal year for which the
9-25 overpayment was made.
9-26 (b) No credit may be allowed after the expiration of the period
9-27 specified for filing claims for refund unless a claim for credit is
9-28 filed with the Department within that period.
9-29 2. Each claim must be in writing and must state the specific
9-30 grounds upon which the claim is founded.
9-31 3. Failure to file a claim within the time prescribed in this
9-32 chapter constitutes a waiver of any demand against the State on
9-33 account of overpayment.
9-34 4. Within 30 days after rejecting any claim in whole or in
9-35 part, the Department shall serve notice of its action on the
9-36 claimant in the manner prescribed for service of notice of a
9-37 deficiency determination.
9-38 Sec. 25. 1. Except as otherwise provided in this section and
9-39 NRS 360.320, interest must be paid upon any overpayment of any
9-40 amount of the tax imposed by this chapter at the rate of 0.50
9-41 percent per month, or fraction thereof, from the last day of July
9-42 immediately following the fiscal year for which the overpayment
9-43 was made. No refund or credit may be made of any interest
9-44 imposed upon the person or business entity making the
10-1 overpayment with respect to the amount being refunded or
10-2 credited.
10-3 2. The interest must be paid:
10-4 (a) In the case of a refund, to the last day of the calendar
10-5 month following the date upon which the person making the
10-6 overpayment, if he has not already filed a claim, is notified by
10-7 the Department that a claim may be filed or the date upon which
10-8 the claim is certified to the State Board of Examiners, whichever is
10-9 earlier.
10-10 (b) In the case of a credit, to the same date as that to which
10-11 interest is computed on the tax or amount against which the credit
10-12 is applied.
10-13 3. If the Department determines that any overpayment has
10-14 been made intentionally or by reason of carelessness, the
10-15 Department shall not allow any interest on the overpayment.
10-16 Sec. 26. 1. No injunction, writ of mandate or other legal or
10-17 equitable process may issue in any suit, action or proceeding in
10-18 any court against this state or against any officer of the State to
10-19 prevent or enjoin the collection under this chapter of the tax
10-20 imposed by this chapter or any amount of tax, penalty or interest
10-21 required to be collected.
10-22 2. No suit or proceeding may be maintained in any court for
10-23 the recovery of any amount alleged to have been erroneously or
10-24 illegally determined or collected unless a claim for refund or credit
10-25 has been filed.
10-26 Sec. 27. 1. Within 90 days after a final decision upon a
10-27 claim filed pursuant to this chapter is rendered by the
10-28 Commission, the claimant may bring an action against the
10-29 Department on the grounds set forth in the claim in a court of
10-30 competent jurisdiction in Carson City, the county of this state
10-31 where the claimant resides or maintains his principal place of
10-32 business or a county in which any relevant proceedings were
10-33 conducted by the Department, for the recovery of the whole or any
10-34 part of the amount with respect to which the claim has been
10-35 disallowed.
10-36 2. Failure to bring an action within the time specified
10-37 constitutes a waiver of any demand against the State on account of
10-38 alleged overpayments.
10-39 Sec. 28. 1. If the Department fails to mail notice of action
10-40 on a claim within 6 months after the claim is filed, the claimant
10-41 may consider the claim disallowed and file an appeal with the
10-42 Commission within the 30 days after the last day of the 6-month
10-43 period. If the claimant is aggrieved by the decision of the
10-44 Commission rendered on appeal, the claimant may, within 90 days
10-45 after the decision is rendered, bring an action against the
11-1 Department on the grounds set forth in the claim for the recovery
11-2 of the whole or any part of the amount claimed as an
11-3 overpayment.
11-4 2. If judgment is rendered for the plaintiff, the amount of the
11-5 judgment must first be credited towards any tax due from the
11-6 plaintiff.
11-7 3. The balance of the judgment must be refunded to the
11-8 plaintiff.
11-9 Sec. 29. In any judgment, interest must be allowed at the rate
11-10 of 6 percent per annum upon the amount found to have been
11-11 illegally collected from the date of payment of the amount to the
11-12 date of allowance of credit on account of the judgment, or to a
11-13 date preceding the date of the refund warrant by not more than 30
11-14 days. The date must be determined by the Department.
11-15 Sec. 30. A judgment may not be rendered in favor of the
11-16 plaintiff in any action brought against the Department to recover
11-17 any amount paid when the action is brought by or in the name of
11-18 an assignee of the business entity paying the amount or by any
11-19 person other than the person or business entity which paid the
11-20 amount.
11-21 Sec. 31. 1. The Department may recover a refund or any
11-22 part thereof which is erroneously made and any credit or part
11-23 thereof which is erroneously allowed in an action brought in a
11-24 court of competent jurisdiction in Carson City or Clark County in
11-25 the name of the State of Nevada.
11-26 2. The action must be tried in Carson City or Clark County
11-27 unless the court with the consent of the Attorney General orders a
11-28 change of place of trial.
11-29 3. The Attorney General shall prosecute the action, and the
11-30 provisions of NRS, the Nevada Rules of Civil Procedure and the
11-31 Nevada Rules of Appellate Procedure relating to service of
11-32 summons, pleadings, proofs, trials and appeals are applicable to
11-33 the proceedings.
11-34 Sec. 32. 1. If any amount in excess of $25 has been
11-35 illegally determined, either by the person filing the return or by the
11-36 Department, the Department shall certify this fact to the State
11-37 Board of Examiners, and the latter shall authorize the
11-38 cancellation of the amount upon the records of the Department.
11-39 2. If an amount not exceeding $25 has been illegally
11-40 determined, either by the person or business entity filing a return
11-41 or by the Department, the Department, without certifying this fact
11-42 to the State Board of Examiners, shall authorize the cancellation
11-43 of the amount upon the records of the Department.
11-44 Sec. 33. 1. A person shall not:
12-1 (a) Make, cause to be made or permit to be made any false or
12-2 fraudulent return or declaration or false statement in any return
12-3 or declaration, with intent to defraud the State or to evade
12-4 payment of the tax or any part of the tax imposed by this chapter.
12-5 (b) Make, cause to be made or permit to be made any false
12-6 entry in books, records or accounts with intent to defraud the State
12-7 or to evade the payment of the tax or any part of the tax imposed
12-8 by this chapter.
12-9 (c) Keep, cause to be kept or permit to be kept more than one
12-10 set of books, records or accounts with intent to defraud the State
12-11 or to evade the payment of the tax or any part of the tax imposed
12-12 by this chapter.
12-13 2. Any person who violates the provisions of subsection 1 is
12-14 guilty of a gross misdemeanor.
12-15 Sec. 34. Title 32 of NRS is hereby amended by adding thereto
12-16 a new chapter to consist of the provisions set forth as sections 35 to
12-17 60, inclusive, of this act.
12-18 Sec. 35. As used in this chapter, unless the context otherwise
12-19 requires, the words and terms defined in sections 36 to 39,
12-20 inclusive, of this act have the meanings ascribed to them in those
12-21 sections.
12-22 Sec. 36. “Admission charge” means the total amount,
12-23 expressed in terms of money, of:
12-24 1. Any consideration provided, whether directly or indirectly,
12-25 for the right or privilege to have access to a place or location
12-26 where group entertainment is provided; and
12-27 2. If any consideration is otherwise required for the right or
12-28 privilege to have access to a place or location where group
12-29 entertainment is provided and all or part of that consideration is
12-30 waived as part of a promotional or marketing plan, the total
12-31 amount of the consideration that would otherwise be required.
12-32 Sec. 37. “Commission” means the Nevada Tax Commission.
12-33 Sec. 38. “Group entertainment” means entertainment
12-34 provided for groups of spectators, including, without limitation:
12-35 1. Athletic and sporting events, including, without limitation,
12-36 motor sports, rodeos and equestrian events.
12-37 2. Closed circuit and other transmissions of events.
12-38 3. Displays of motion pictures.
12-39 4. Concerts.
12-40 5. Theatrical productions, stage productions and other
12-41 presentations of performing arts, including, without limitation,
12-42 circuses and ice shows.
12-43 6. Exhibitions of art, skills or goods.
12-44 7. Beauty contests.
12-45 8. Lectures and speaking performances.
13-1 9. Live entertainment provided at cocktail lounges, nightclubs
13-2 and similar venues.
13-3 10. Adult cabarets, gentlemen’s clubs and similar forms of
13-4 entertainment.
13-5 11. Tours and tour services.
13-6 Sec. 39. “Taxpayer” means any person liable for the tax
13-7 imposed pursuant to this chapter.
13-8 Sec. 40. The Department shall:
13-9 1. Administer and enforce the provisions of this chapter, and
13-10 may adopt such regulations as it deems appropriate for that
13-11 purpose.
13-12 2. Deposit all taxes, interest and penalties it receives pursuant
13-13 to this chapter in the State Treasury for credit to the State General
13-14 Fund.
13-15 Sec. 41. 1. Each person responsible for maintaining the
13-16 records of a taxpayer shall:
13-17 (a) Keep such records as may be necessary to determine the
13-18 amount of the liability of the taxpayer pursuant to the provisions
13-19 of this chapter;
13-20 (b) Preserve those records for 4 years or until any litigation or
13-21 prosecution pursuant to this chapter is finally determined,
13-22 whichever is longer; and
13-23 (c) Make the records available for inspection by the
13-24 Department upon demand at reasonable times during regular
13-25 business hours.
13-26 2. The Department may by regulation specify the types of
13-27 records which must be kept to determine the amount of the
13-28 liability of a taxpayer pursuant to the provisions of this chapter.
13-29 3. Any person who violates the provisions of subsection 1 is
13-30 guilty of a misdemeanor.
13-31 Sec. 42. 1. To verify the accuracy of any return filed, or, if
13-32 no return is filed by a taxpayer, to determine the amount required
13-33 to be paid, the Department, or any person authorized in writing by
13-34 the Department, may examine the books, papers and records of
13-35 any person who may be liable for the tax imposed by this chapter.
13-36 2. Any person who may be liable for the tax imposed by this
13-37 chapter and who keeps outside of this state any books, papers and
13-38 records relating thereto shall pay to the Department an amount
13-39 equal to the allowance provided for state officers and employees
13-40 generally while traveling outside of the State for each day or
13-41 fraction thereof during which an employee of the Department is
13-42 engaged in examining those documents, plus any other actual
13-43 expenses incurred by the employee while he is absent from his
13-44 regular place of employment to examine those documents.
14-1 Sec. 43. 1. Except as otherwise provided in this section and
14-2 NRS 360.250, the records and files of the Department concerning
14-3 the administration of this chapter are confidential and privileged.
14-4 The Department, and any employee engaged in the administration
14-5 of this chapter or charged with the custody of any such records or
14-6 files, shall not disclose any information obtained from the
14-7 Department’s records or files or from any examination,
14-8 investigation or hearing authorized by the provisions of this
14-9 chapter. Neither the Department nor any employee of the
14-10 Department may be required to produce any of the records, files
14-11 and information for the inspection of any person or for use in any
14-12 action or proceeding.
14-13 2. The records and files of the Department concerning the
14-14 administration of this chapter are not confidential and privileged
14-15 in the following cases:
14-16 (a) Testimony by a member or employee of the Department
14-17 and production of records, files and information on behalf of the
14-18 Department or a taxpayer in any action or proceeding pursuant to
14-19 the provisions of this chapter if that testimony or the records, files
14-20 or information, or the facts shown thereby are directly involved in
14-21 the action or proceeding.
14-22 (b) Delivery to a taxpayer or his authorized representative of a
14-23 copy of any return or other document filed by the taxpayer
14-24 pursuant to this chapter.
14-25 (c) Publication of statistics so classified as to prevent the
14-26 identification of a particular person or document.
14-27 (d) Exchanges of information with the Internal Revenue
14-28 Service in accordance with compacts made and provided for in
14-29 such cases.
14-30 (e) Disclosure in confidence to the Governor or his agent in
14-31 the exercise of the Governor’s general supervisory powers, or to
14-32 any person authorized to audit the accounts of the Department in
14-33 pursuance of an audit, or to the Attorney General or other legal
14-34 representative of the State in connection with an action or
14-35 proceeding pursuant to this chapter, or to any agency of this or
14-36 any other state charged with the administration or enforcement of
14-37 laws relating to taxation.
14-38 (f) Exchanges of information pursuant to subsection 3.
14-39 3. The Commission may agree with any county fair and
14-40 recreation board or the governing body of any county, city or town
14-41 for the continuing exchange of information concerning taxpayers.
14-42 Sec. 44. 1. There is hereby imposed an excise tax of 7.25
14-43 percent of the admission charge to any place or location in this
14-44 state where group entertainment is provided.
15-1 2. The person who receives an admission charge is liable for
15-2 the tax imposed by this section, but is entitled to collect
15-3 reimbursement from the person paying the admission charge.
15-4 3. Any ticket for admission to a place or location in this state
15-5 where group entertainment is provided must state whether the tax
15-6 imposed by this section is included in the price of the ticket. If the
15-7 ticket does not include such a statement, the taxpayer shall pay the
15-8 tax on the face amount of the ticket.
15-9 4. The tax imposed by this section does not apply to an
15-10 admission charge:
15-11 (a) Included in the computation of the tax imposed pursuant
15-12 to NRS 463.401 or any fee imposed pursuant to chapter 467 of
15-13 NRS;
15-14 (b) Provided to a governmental entity or a public or private
15-15 educational institution for any group entertainment sponsored by
15-16 a governmental entity;
15-17 (c) Provided to a nonprofit organization that qualifies as a tax-
15-18 exempt organization pursuant to 26 U.S.C. § 501(c), or to a person
15-19 who remits to such a nonprofit organization at least 60 percent of
15-20 the net revenue from the group entertainment for which access is
15-21 granted;
15-22 (d) Provided for the right or privilege to have access to a
15-23 convention, an exhibition or a trade show, if the opportunity for
15-24 admission is not made available to the general public; or
15-25 (e) Provided for the right or privilege to engage in a
15-26 participatory recreational activity, including, without limitation,
15-27 any consideration provided:
15-28 (1) For the use or rental of bicycles, boats, exercise
15-29 equipment, horses, motorcycles, snowboards, skis or other
15-30 recreational equipment;
15-31 (2) To engage in games of billiards, bowling, golf,
15-32 racquetball or tennis, or similar recreational games;
15-33 (3) To engage in aerobics, calisthenics, fishing, hunting,
15-34 running, shooting, skiing, snowboarding, swimming, ice skating
15-35 or roller skating, or similar recreational activities;
15-36 (4) For memberships in country clubs, golf clubs, tennis
15-37 clubs, gun clubs or similar recreational clubs;
15-38 (5) For access to the participatory portions of amusement,
15-39 theme or water parks, or similar recreational parks; or
15-40 (6) To participate in classes of instruction on recreational
15-41 activities, including, without limitation, classes of instruction in
15-42 arts and crafts, culinary arts, massage, yoga, athletic or sporting
15-43 activities, or similar recreational activities.
16-1 Sec. 45. A taxpayer shall hold the amount of all taxes for
16-2 which he is liable pursuant to this chapter in a separate account in
16-3 trust for the State.
16-4 Sec. 46. 1. The tax imposed by this chapter is payable to the
16-5 Department monthly on or before the last day of the month
16-6 immediately following the month in which liability for the tax
16-7 arose.
16-8 2. Each taxpayer shall file with the Department a return on a
16-9 form prescribed by the Department, together with the remittance
16-10 of the tax due pursuant to this chapter, on or before the last day of
16-11 the month immediately following the month in which liability for
16-12 the tax arose.
16-13 Sec. 47. A taxpayer may deduct and withhold from the
16-14 amount of the tax otherwise due from him pursuant to this chapter
16-15 1.25 percent of that amount to reimburse himself for the cost of
16-16 collecting, reporting and remitting the tax.
16-17 Sec. 48. Upon written application made before the date on
16-18 which payment must be made, the Department may for good cause
16-19 extend by 30 days the time within which a taxpayer is required to
16-20 pay the tax imposed by this chapter. If the tax is paid during the
16-21 period of extension, no penalty or late charge may be imposed for
16-22 failure to pay at the time required, but the taxpayer shall pay
16-23 interest at the rate of 1 percent per month from the date on which
16-24 the amount would have been due without the extension until the
16-25 date of payment, unless otherwise provided in NRS 360.232 or
16-26 360.320.
16-27 Sec. 49. The remedies of the State provided for in this
16-28 chapter are cumulative, and no action taken by the Department or
16-29 the Attorney General constitutes an election by the State to pursue
16-30 any remedy to the exclusion of any other remedy for which
16-31 provision is made in this chapter.
16-32 Sec. 50. If the Department determines that any tax, penalty
16-33 or interest has been paid more than once or has been erroneously
16-34 or illegally collected or computed, the Department shall set forth
16-35 that fact in the records of the Department and certify to the State
16-36 Board of Examiners the amount collected in excess of the amount
16-37 legally due and the person from which it was collected or by whom
16-38 paid. If approved by the State Board of Examiners, the excess
16-39 amount collected or paid must be credited on any amounts then
16-40 due from the person under this chapter, and the balance refunded
16-41 to the person or his successors in interest.
16-42 Sec. 51. 1. Except as otherwise provided in NRS 360.235
16-43 and 360.395:
17-1 (a) No refund may be allowed unless a claim for it is filed with
17-2 the Department within 3 years after the last day of the month
17-3 following the month for which the overpayment was made.
17-4 (b) No credit may be allowed after the expiration of the period
17-5 specified for filing claims for refund unless a claim for credit is
17-6 filed with the Department within that period.
17-7 2. Each claim must be in writing and must state the specific
17-8 grounds upon which the claim is founded.
17-9 3. Failure to file a claim within the time prescribed in this
17-10 chapter constitutes a waiver of any demand against the State on
17-11 account of overpayment.
17-12 4. Within 30 days after rejecting any claim in whole or in
17-13 part, the Department shall serve notice of its action on the
17-14 claimant in the manner prescribed for service of notice of a
17-15 deficiency determination.
17-16 Sec. 52. 1. Except as otherwise provided in this section and
17-17 NRS 360.320, interest must be paid upon any overpayment of any
17-18 amount of the tax imposed by this chapter at the rate of 0.50
17-19 percent per month, or fraction thereof, from the last day of the
17-20 calendar month following the month for which the overpayment
17-21 was made. No refund or credit may be made of any interest
17-22 imposed upon the person making the overpayment with respect to
17-23 the amount being refunded or credited.
17-24 2. The interest must be paid:
17-25 (a) In the case of a refund, to the last day of the calendar
17-26 month following the date upon which the person making the
17-27 overpayment, if he has not already filed a claim, is notified by
17-28 the Department that a claim may be filed or the date upon which
17-29 the claim is certified to the State Board of Examiners, whichever is
17-30 earlier.
17-31 (b) In the case of a credit, to the same date as that to which
17-32 interest is computed on the tax or amount against which the credit
17-33 is applied.
17-34 3. If the Department determines that any overpayment has
17-35 been made intentionally or by reason of carelessness, the
17-36 Department shall not allow any interest on the overpayment.
17-37 Sec. 53. 1. No injunction, writ of mandate or other legal or
17-38 equitable process may issue in any suit, action or proceeding in
17-39 any court against this state or against any officer of the State to
17-40 prevent or enjoin the collection under this chapter of the tax
17-41 imposed by this chapter or any amount of tax, penalty or interest
17-42 required to be collected.
17-43 2. No suit or proceeding may be maintained in any court for
17-44 the recovery of any amount alleged to have been erroneously or
18-1 illegally determined or collected unless a claim for refund or credit
18-2 has been filed.
18-3 Sec. 54. 1. Within 90 days after a final decision upon a
18-4 claim filed pursuant to this chapter is rendered by the
18-5 Commission, the claimant may bring an action against the
18-6 Department on the grounds set forth in the claim in a court of
18-7 competent jurisdiction in Carson City, the county of this state
18-8 where the claimant resides or maintains his principal place of
18-9 business or a county in which any relevant proceedings were
18-10 conducted by the Department, for the recovery of the whole or any
18-11 part of the amount with respect to which the claim has been
18-12 disallowed.
18-13 2. Failure to bring an action within the time specified
18-14 constitutes a waiver of any demand against the State on account of
18-15 alleged overpayments.
18-16 Sec. 55. 1. If the Department fails to mail notice of action
18-17 on a claim within 6 months after the claim is filed, the claimant
18-18 may consider the claim disallowed and file an appeal with the
18-19 Commission within 30 days after the last day of the 6-month
18-20 period. If the claimant is aggrieved by the decision of the
18-21 Commission rendered on appeal, the claimant may, within 90 days
18-22 after the decision is rendered, bring an action against the
18-23 Department on the grounds set forth in the claim for the recovery
18-24 of the whole or any part of the amount claimed as an
18-25 overpayment.
18-26 2. If judgment is rendered for the plaintiff, the amount of the
18-27 judgment must first be credited towards any tax due from the
18-28 plaintiff.
18-29 3. The balance of the judgment must be refunded to the
18-30 plaintiff.
18-31 Sec. 56. In any judgment, interest must be allowed at the rate
18-32 of 6 percent per annum upon the amount found to have been
18-33 illegally collected from the date of payment of the amount to the
18-34 date of allowance of credit on account of the judgment, or to a
18-35 date preceding the date of the refund warrant by not more than 30
18-36 days. The date must be determined by the Department.
18-37 Sec. 57. A judgment may not be rendered in favor of the
18-38 plaintiff in any action brought against the Department to recover
18-39 any amount paid when the action is brought by or in the name of
18-40 an assignee of the person paying the amount or by any person
18-41 other than the person who paid the amount.
18-42 Sec. 58. 1. The Department may recover a refund or any
18-43 part thereof which is erroneously made and any credit or part
18-44 thereof which is erroneously allowed in an action brought in a
19-1 court of competent jurisdiction in Carson City or Clark County in
19-2 the name of the State of Nevada.
19-3 2. The action must be tried in Carson City or Clark County
19-4 unless the court with the consent of the Attorney General orders a
19-5 change of place of trial.
19-6 3. The Attorney General shall prosecute the action, and the
19-7 provisions of NRS, the Nevada Rules of Civil Procedure and the
19-8 Nevada Rules of Appellate Procedure relating to service of
19-9 summons, pleadings, proofs, trials and appeals are applicable to
19-10 the proceedings.
19-11 Sec. 59. 1. If any amount in excess of $25 has been
19-12 illegally determined, either by the person filing the return or by the
19-13 Department, the Department shall certify this fact to the State
19-14 Board of Examiners, and the latter shall authorize the
19-15 cancellation of the amount upon the records of the Department.
19-16 2. If an amount not exceeding $25 has been illegally
19-17 determined, either by the person filing a return or by the
19-18 Department, the Department, without certifying this fact to
19-19 the State Board of Examiners, shall authorize the cancellation of
19-20 the amount upon the records of the Department.
19-21 Sec. 60. 1. A person shall not:
19-22 (a) Make, cause to be made or permit to be made any false or
19-23 fraudulent return or declaration or false statement in any return
19-24 or declaration, with intent to defraud the State or to evade
19-25 payment of the tax or any part of the tax imposed by this chapter.
19-26 (b) Make, cause to be made or permit to be made any false
19-27 entry in books, records or accounts with intent to defraud the State
19-28 or to evade the payment of the tax or any part of the tax imposed
19-29 by this chapter.
19-30 (c) Keep, cause to be kept or permit to be kept more than one
19-31 set of books, records or accounts with intent to defraud the State
19-32 or to evade the payment of the tax or any part of the tax imposed
19-33 by this chapter.
19-34 2. Any person who violates the provisions of subsection 1 is
19-35 guilty of a gross misdemeanor.
19-36 Sec. 61. Chapter 360 of NRS is hereby amended by adding
19-37 thereto a new section to read as follows:
19-38 The Nevada Tax Commission shall adopt regulations providing
19-39 for:
19-40 1. The electronic submission of returns to the Department;
19-41 and
19-42 2. The payment of taxes, fees, interest and penalties to the
19-43 Department through the use of credit cards, debit cards and
19-44 electronic transfers of money.
20-1 Sec. 62. NRS 360.2935 is hereby amended to read as follows:
20-2 360.2935 Except as otherwise provided in [NRS 361.485,] this
20-3 title, a taxpayer is entitled to receive on any overpayment of taxes,
20-4 after the offset required by NRS 360.320 has been made, a refund
20-5 together with interest at a rate determined pursuant to NRS 17.130.
20-6 No interest is allowed on a refund of any penalties or interest paid
20-7 by a taxpayer.
20-8 Sec. 63. NRS 360.300 is hereby amended to read as follows:
20-9 360.300 1. If a person fails to file a return or the Department
20-10 is not satisfied with the return or returns of any tax, contribution or
20-11 premium or amount of tax, contribution or premium required to be
20-12 paid to the State by any person, in accordance with the applicable
20-13 provisions of this chapter, chapter 362, 364A, 369, 370, 372, 372A,
20-14 374, 377, 377A or 444A of NRS, NRS 482.313, [or] chapter 585 or
20-15 680B of NRS , or sections 35 to 60, inclusive, of this act as
20-16 administered or audited by the Department, it may compute and
20-17 determine the amount required to be paid upon the basis of:
20-18 (a) The facts contained in the return;
20-19 (b) Any information within its possession or that may come into
20-20 its possession; or
20-21 (c) Reasonable estimates of the amount.
20-22 2. One or more deficiency determinations may be made with
20-23 respect to the amount due for one or for more than one period.
20-24 3. In making its determination of the amount required to be
20-25 paid, the Department shall impose interest on the amount of tax
20-26 determined to be due, calculated at the rate and in the manner set
20-27 forth in NRS 360.417, unless a different rate of interest is
20-28 specifically provided by statute.
20-29 4. The Department shall impose a penalty of 10 percent in
20-30 addition to the amount of a determination that is made in the case of
20-31 the failure of a person to file a return with the Department.
20-32 5. When a business is discontinued, a determination may be
20-33 made at any time thereafter within the time prescribed in NRS
20-34 360.355 as to liability arising out of that business, irrespective of
20-35 whether the determination is issued before the due date of the
20-36 liability.
20-37 Sec. 64. NRS 360.300 is hereby amended to read as follows:
20-38 360.300 1. If a person fails to file a return or the Department
20-39 is not satisfied with the return or returns of any tax, contribution or
20-40 premium or amount of tax, contribution or premium required to be
20-41 paid to the State by any person, in accordance with the applicable
20-42 provisions of this chapter, chapter 362, 364A, 369, 370, 372, 372A,
20-43 374, 377, 377A or 444A of NRS, NRS 482.313, chapter 585 or
20-44 680B of NRS, or sections 2 to 33, inclusive, or 35 to 60, inclusive,
20-45 of this act as administered or audited by the Department, it may
21-1 compute and determine the amount required to be paid upon the
21-2 basis of:
21-3 (a) The facts contained in the return;
21-4 (b) Any information within its possession or that may come into
21-5 its possession; or
21-6 (c) Reasonable estimates of the amount.
21-7 2. One or more deficiency determinations may be made with
21-8 respect to the amount due for one or for more than one period.
21-9 3. In making its determination of the amount required to be
21-10 paid, the Department shall impose interest on the amount of tax
21-11 determined to be due, calculated at the rate and in the manner set
21-12 forth in NRS 360.417, unless a different rate of interest is
21-13 specifically provided by statute.
21-14 4. The Department shall impose a penalty of 10 percent in
21-15 addition to the amount of a determination that is made in the case of
21-16 the failure of a person to file a return with the Department.
21-17 5. When a business is discontinued, a determination may be
21-18 made at any time thereafter within the time prescribed in NRS
21-19 360.355 as to liability arising out of that business, irrespective of
21-20 whether the determination is issued before the due date of the
21-21 liability.
21-22 Sec. 65. NRS 360.417 is hereby amended to read as follows:
21-23 360.417 Except as otherwise provided in NRS 360.232 and
21-24 360.320, and unless a different penalty or rate of interest is
21-25 specifically provided by statute, any person who fails to pay any tax
21-26 provided for in chapter 362, 364A, 369, 370, 372, 374, 377, 377A,
21-27 444A or 585 of NRS, or sections 35 to 60, inclusive, of this act
21-28 or the fee provided for in NRS 482.313, to the State or a county
21-29 within the time required, shall pay a penalty of not more than 10
21-30 percent of the amount of the tax or fee which is owed, as determined
21-31 by the Department, in addition to the tax or fee, plus interest at the
21-32 rate of 1 percent per month, or fraction of a month, from the last day
21-33 of the month following the period for which the amount or any
21-34 portion of the amount should have been reported until the date of
21-35 payment. The amount of any penalty imposed must be based on a
21-36 graduated schedule adopted by the Nevada Tax Commission which
21-37 takes into consideration the length of time the tax or fee remained
21-38 unpaid.
21-39 Sec. 66. NRS 360.417 is hereby amended to read as follows:
21-40 360.417 Except as otherwise provided in NRS 360.232 and
21-41 360.320, and unless a different penalty or rate of interest is
21-42 specifically provided by statute, any person who fails to pay any tax
21-43 provided for in chapter 362, 364A, 369, 370, 372, 374, 377, 377A,
21-44 444A or 585 of NRS, or sections 2 to 33, inclusive, or 35 to 60,
21-45 inclusive, of this act or the fee provided for in NRS 482.313, to the
22-1 State or a county within the time required, shall pay a penalty of not
22-2 more than 10 percent of the amount of the tax or fee which is owed,
22-3 as determined by the Department, in addition to the tax or fee, plus
22-4 interest at the rate of 1 percent per month, or fraction of a month,
22-5 from the last day of the month following the period for which the
22-6 amount or any portion of the amount should have been reported
22-7 until the date of payment. The amount of any penalty imposed must
22-8 be based on a graduated schedule adopted by the Nevada Tax
22-9 Commission which takes into consideration the length of time the
22-10 tax or fee remained unpaid.
22-11 Sec. 67. NRS 360.419 is hereby amended to read as follows:
22-12 360.419 1. If the Executive Director or a designated hearing
22-13 officer finds that the failure of a person to make a timely return or
22-14 payment of a tax imposed pursuant to NRS 361.320 or chapter
22-15 361A, 376A, 377 or 377A of NRS, or by chapter 362, 364A, 369,
22-16 370, 372, 372A, 374, 375A or 375B of NRS, or sections 35 to 60,
22-17 inclusive, of this act is the result of circumstances beyond his
22-18 control and occurred despite the exercise of ordinary care and
22-19 without intent, the Department may relieve him of all or part of any
22-20 interest or penalty , or both.
22-21 2. A person seeking this relief must file with the Department a
22-22 statement under oath setting forth the facts upon which he bases his
22-23 claim.
22-24 3. The Department shall disclose, upon the request of any
22-25 person:
22-26 (a) The name of the person to whom relief was granted; and
22-27 (b) The amount of the relief.
22-28 4. The Executive Director or a designated hearing officer shall
22-29 act upon the request of a taxpayer seeking relief pursuant to NRS
22-30 361.4835 which is deferred by a county treasurer or county assessor.
22-31 Sec. 68. NRS 360.419 is hereby amended to read as follows:
22-32 360.419 1. If the Executive Director or a designated hearing
22-33 officer finds that the failure of a person to make a timely return or
22-34 payment of a tax imposed pursuant to NRS 361.320 or chapter
22-35 361A, 376A, 377 or 377A of NRS, or by chapter 362, 364A, 369,
22-36 370, 372, 372A, 374, 375A or 375B of NRS, or sections 2 to 33,
22-37 inclusive, or 35 to 60, inclusive, of this act is the result of
22-38 circumstances beyond his control and occurred despite the exercise
22-39 of ordinary care and without intent, the Department may relieve him
22-40 of all or part of any interest or penalty, or both.
22-41 2. A person seeking this relief must file with the Department a
22-42 statement under oath setting forth the facts upon which he bases his
22-43 claim.
22-44 3. The Department shall disclose, upon the request of any
22-45 person:
23-1 (a) The name of the person to whom relief was granted; and
23-2 (b) The amount of the relief.
23-3 4. The Executive Director or a designated hearing officer shall
23-4 act upon the request of a taxpayer seeking relief pursuant to NRS
23-5 361.4835 which is deferred by a county treasurer or county assessor.
23-6 Sec. 69. NRS 360.510 is hereby amended to read as follows:
23-7 360.510 1. If any person is delinquent in the payment of any
23-8 tax or fee administered by the Department or if a determination has
23-9 been made against him which remains unpaid, the Department may:
23-10 (a) Not later than 3 years after the payment became delinquent
23-11 or the determination became final; or
23-12 (b) Not later than 6 years after the last recording of an abstract
23-13 of judgment or of a certificate constituting a lien for tax
23-14 owed,
23-15 give a notice of the delinquency and a demand to transmit
23-16 personally or by registered or certified mail to any person,
23-17 including, without limitation, any officer or department of this state
23-18 or any political subdivision or agency of this state, who has in his
23-19 possession or under his control any credits or other personal
23-20 property belonging to the delinquent, or owing any debts to the
23-21 delinquent or person against whom a determination has been made
23-22 which remains unpaid, or owing any debts to the delinquent or that
23-23 person. In the case of any state officer, department or agency, the
23-24 notice must be given to the officer, department or agency before
23-25 the Department presents the claim of the delinquent taxpayer to the
23-26 State Controller.
23-27 2. A state officer, department or agency which receives such a
23-28 notice may satisfy any debt owed to it by that person before it
23-29 honors the notice of the Department.
23-30 3. After receiving the demand to transmit, the person notified
23-31 by the demand may not transfer or otherwise dispose of the credits,
23-32 other personal property, or debts in his possession or under his
23-33 control at the time he received the notice until the Department
23-34 consents to a transfer or other disposition.
23-35 4. Every person notified by a demand to transmit shall, within
23-36 10 days after receipt of the demand to transmit, inform the
23-37 Department of, and transmit to the Department all such credits,
23-38 other personal property, or debts in his possession, under his control
23-39 or owing by him within the time and in the manner requested by the
23-40 Department. Except as otherwise provided in subsection 5, no
23-41 further notice is required to be served to that person.
23-42 5. If the property of the delinquent taxpayer consists of a series
23-43 of payments owed to him, the person who owes or controls the
23-44 payments shall transmit the payments to the Department until
23-45 otherwise notified by the Department. If the debt of the delinquent
24-1 taxpayer is not paid within 1 year after the Department issued the
24-2 original demand to transmit, the Department shall issue another
24-3 demand to transmit to the person responsible for making the
24-4 payments informing him to continue to transmit payments to
24-5 the Department or that his duty to transmit the payments to the
24-6 Department has ceased.
24-7 6. If the notice of the delinquency seeks to prevent the transfer
24-8 or other disposition of a deposit in a bank or credit union or other
24-9 credits or personal property in the possession or under the control of
24-10 a bank, credit union or other depository institution, the notice must
24-11 be delivered or mailed to any branch or office of the bank, credit
24-12 union or other depository institution at which the deposit is carried
24-13 or at which the credits or personal property is held.
24-14 7. If any person notified by the notice of the delinquency
24-15 makes any transfer or other disposition of the property or debts
24-16 required to be withheld or transmitted, to the extent of the value of
24-17 the property or the amount of the debts thus transferred or paid, he is
24-18 liable to the State for any indebtedness due pursuant to this chapter,
24-19 [or] chapter 362, 364A, 369, 370, 372, 372A, 374, 377, 377A or
24-20 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS , or
24-21 sections 35 to 60, inclusive, of this act from the person with respect
24-22 to whose obligation the notice was given if solely by reason of
24-23 the transfer or other disposition the State is unable to recover the
24-24 indebtedness of the person with respect to whose obligation the
24-25 notice was given.
24-26 Sec. 70. NRS 360.510 is hereby amended to read as follows:
24-27 360.510 1. If any person is delinquent in the payment of any
24-28 tax or fee administered by the Department or if a determination has
24-29 been made against him which remains unpaid, the Department may:
24-30 (a) Not later than 3 years after the payment became delinquent
24-31 or the determination became final; or
24-32 (b) Not later than 6 years after the last recording of an abstract
24-33 of judgment or of a certificate constituting a lien for tax
24-34 owed,
24-35 give a notice of the delinquency and a demand to transmit
24-36 personally or by registered or certified mail to any person,
24-37 including, without limitation, any officer or department of this state
24-38 or any political subdivision or agency of this state, who has in his
24-39 possession or under his control any credits or other personal
24-40 property belonging to the delinquent, or owing any debts to the
24-41 delinquent or person against whom a determination has been made
24-42 which remains unpaid, or owing any debts to the delinquent or that
24-43 person. In the case of any state officer, department or agency, the
24-44 notice must be given to the officer, department or agency before
25-1 the Department presents the claim of the delinquent taxpayer to the
25-2 State Controller.
25-3 2. A state officer, department or agency which receives such a
25-4 notice may satisfy any debt owed to it by that person before it
25-5 honors the notice of the Department.
25-6 3. After receiving the demand to transmit, the person notified
25-7 by the demand may not transfer or otherwise dispose of the credits,
25-8 other personal property, or debts in his possession or under his
25-9 control at the time he received the notice until the Department
25-10 consents to a transfer or other disposition.
25-11 4. Every person notified by a demand to transmit shall, within
25-12 10 days after receipt of the demand to transmit, inform the
25-13 Department of, and transmit to the Department all such credits,
25-14 other personal property, or debts in his possession, under his control
25-15 or owing by him within the time and in the manner requested by the
25-16 Department. Except as otherwise provided in subsection 5, no
25-17 further notice is required to be served to that person.
25-18 5. If the property of the delinquent taxpayer consists of a series
25-19 of payments owed to him, the person who owes or controls the
25-20 payments shall transmit the payments to the Department until
25-21 otherwise notified by the Department. If the debt of the delinquent
25-22 taxpayer is not paid within 1 year after the Department issued the
25-23 original demand to transmit, the Department shall issue another
25-24 demand to transmit to the person responsible for making the
25-25 payments informing him to continue to transmit payments to
25-26 the Department or that his duty to transmit the payments to the
25-27 Department has ceased.
25-28 6. If the notice of the delinquency seeks to prevent the transfer
25-29 or other disposition of a deposit in a bank or credit union or other
25-30 credits or personal property in the possession or under the control of
25-31 a bank, credit union or other depository institution, the notice must
25-32 be delivered or mailed to any branch or office of the bank, credit
25-33 union or other depository institution at which the deposit is carried
25-34 or at which the credits or personal property is held.
25-35 7. If any person notified by the notice of the delinquency
25-36 makes any transfer or other disposition of the property or debts
25-37 required to be withheld or transmitted, to the extent of the value of
25-38 the property or the amount of the debts thus transferred or paid, he is
25-39 liable to the State for any indebtedness due pursuant to this chapter,
25-40 chapter 362, 364A, 369, 370, 372, 372A, 374, 377, 377A or 444A of
25-41 NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 2
25-42 to 33, inclusive, or 35 to 60, inclusive, of this act from the person
25-43 with respect to whose obligation the notice was given if solely by
25-44 reason of the transfer or other disposition the State is unable to
26-1 recover the indebtedness of the person with respect to whose
26-2 obligation the notice was given.
26-3 Sec. 71. NRS 360A.020 is hereby amended to read as follows:
26-4 360A.020 The Department shall adopt [such] :
26-5 1. Such regulations as are necessary to carry out the provisions
26-6 of this chapter.
26-7 2. Regulations providing for:
26-8 (a) The electronic submission of returns to the Department;
26-9 and
26-10 (b) The payment of any amount required to be paid pursuant
26-11 to this chapter, chapter 365, 366 or 373 of NRS, or NRS 590.120
26-12 or 590.840 to the Department through the use of credit cards, debit
26-13 cards and electronic transfers of money.
26-14 Sec. 72. NRS 361.186 is hereby amended to read as follows:
26-15 361.186 1. A taxpayer may collect an admission fee for the
26-16 exhibition of fine art otherwise exempt from taxation pursuant to
26-17 NRS 361.068 if the taxpayer offers to residents of the State of
26-18 Nevada a discount of 50 percent from any admission fee charged to
26-19 nonresidents. The discounted admission fee for residents must be
26-20 offered at any time the exhibition is open to the public and
26-21 admission fees are being charged.
26-22 2. Except as otherwise provided in subsection 5, if a taxpayer
26-23 collects a fee for the exhibition of fine art otherwise exempt from
26-24 taxation pursuant to NRS 361.068, the exemption pertaining to that
26-25 fine art for the fiscal year must be reduced by the net revenue
26-26 derived by the taxpayer for that fiscal year. The exemption
26-27 pertaining to fine art for a particular fiscal year must not be reduced
26-28 below zero, regardless of the amount of the net revenue derived by
26-29 the taxpayer for that fiscal year.
26-30 3. A tax resulting from the operation of this section is due with
26-31 the tax otherwise due under the taxpayer’s first statement filed
26-32 pursuant to NRS 361.265 after the 15th day of the fourth month
26-33 after the end of the fiscal year in which the net revenue was received
26-34 or, if no such statement is required to be filed, under a statement of
26-35 the net revenue filed on or before the last day of the fourth month
26-36 after the end of that fiscal year.
26-37 4. A taxpayer who is required to pay a tax resulting from the
26-38 operation of this section may receive a credit against the tax for any
26-39 donations made by the taxpayer to the State Arts Council, the
26-40 Division of Museums and History Dedicated Trust Fund established
26-41 pursuant to NRS 381.0031, a museum that provides exhibits
26-42 specifically related to nature or a museum that provides exhibits
26-43 specifically related to children, if the taxpayer:
26-44 (a) Made the donation before the date that either statement
26-45 required pursuant to subsection 3 is due; and
27-1 (b) Provides to the county assessor documentation of the
27-2 donation at the time that he files the statement required pursuant to
27-3 subsection 3.
27-4 5. If a taxpayer qualifies for and avails himself of both of the
27-5 exemptions from taxation provided by NRS 361.068 and 374.291,
27-6 the reduction of the exemptions by the net revenue derived by the
27-7 taxpayer, as required pursuant to subsection 2 of this section and
27-8 subsection 2 of NRS 374.2911, must be carried out in such a manner
27-9 that the total net revenue derived by the taxpayer is first applied to
27-10 reduce the exemption provided pursuant to NRS 374.291. If the net
27-11 revenue exceeds the amount of the exemption provided pursuant to
27-12 NRS 374.291, the remaining net revenue must be applied to reduce
27-13 the exemption provided pursuant to NRS 361.068. If the net revenue
27-14 is less than or equal to the exemption provided pursuant to NRS
27-15 374.291 for that fiscal year, the exemption provided pursuant to
27-16 NRS 361.068 must not be reduced.
27-17 6. For the purposes of this section:
27-18 (a) “Direct costs of owning and exhibiting the fine art” does not
27-19 include any allocation of the general and administrative expense of a
27-20 business or organization that conducts activities in addition to the
27-21 operation of the facility in which the fine art is displayed, including,
27-22 without limitation, an allocation of the salary and benefits of a
27-23 senior executive who is responsible for the oversight of the facility
27-24 in which the fine art is displayed and who has substantial
27-25 responsibilities related to the other activities of the business or
27-26 organization.
27-27 (b) “Net revenue” means the amount of the fees collected for
27-28 exhibiting the fine art during that fiscal year less the following paid
27-29 or made during that fiscal year:
27-30 (1) Any taxes on those fees imposed pursuant to section 44
27-31 of this act;
27-32 (2) The direct costs of owning and exhibiting the fine art; and
27-33 [(2)] (3) The cost of educational programs associated with
27-34 the taxpayer’s public display of fine art, including the cost of
27-35 meeting the requirements of sub-subparagraph (IV) of subparagraph
27-36 (1) of paragraph (b) of subsection [5] 4 of NRS 361.068.
27-37 Sec. 73. NRS 361.453 is hereby amended to read as follows:
27-38 361.453 1. Except as otherwise provided in this section and
27-39 NRS 354.705, 354.723 and 450.760, the total ad valorem tax levy
27-40 for all public purposes must not exceed [$3.64] $3.14 on each $100
27-41 of assessed valuation, or a lesser or greater amount fixed by the
27-42 State Board of Examiners if the State Board of Examiners is
27-43 directed by law to fix a lesser or greater amount for that fiscal year.
27-44 2. Any levy imposed by the Legislature for the repayment of
27-45 bonded indebtedness or the operating expenses of the State of
28-1 Nevada and any levy imposed by the board of county
28-2 commissioners pursuant to NRS 387.195 [that is in excess of 50
28-3 cents on each $100 of assessed valuation of taxable property within
28-4 the county] must not be included in calculating the limitation set
28-5 forth in subsection 1 on the total ad valorem tax levied within the
28-6 boundaries of the county, city or unincorporated town . [, if, in a
28-7 county whose population is 40,000 or less, or in a city or
28-8 unincorporated town located within that county:
28-9 (a) The combined tax rate certified by the Nevada Tax
28-10 Commission was at least $3.50 on each $100 of assessed valuation
28-11 on June 25, 1998;
28-12 (b) The governing body of that county, city or unincorporated
28-13 town proposes to its registered voters an additional levy ad valorem
28-14 above the total ad valorem tax levy for all public purposes set forth
28-15 in subsection 1;
28-16 (c) The proposal specifies the amount of money to be derived,
28-17 the purpose for which it is to be expended and the duration of the
28-18 levy; and
28-19 (d) The proposal is approved by a majority of the voters voting
28-20 on the question at a general election or a special election called for
28-21 that purpose.
28-22 3. The duration of the additional levy ad valorem levied
28-23 pursuant to subsection 2 must not exceed 5 years. The governing
28-24 body of the county, city or unincorporated town may discontinue the
28-25 levy before it expires and may not thereafter reimpose it in whole or
28-26 in part without following the procedure required for its original
28-27 imposition set forth in subsection 2.
28-28 4. A special election may be held pursuant to subsection 2 only
28-29 if the governing body of the county, city or unincorporated town
28-30 determines, by a unanimous vote, that an emergency exists. The
28-31 determination made by the governing body is conclusive unless it is
28-32 shown that the governing body acted with fraud or a gross abuse of
28-33 discretion. An action to challenge the determination made by the
28-34 governing body must be commenced within 15 days after the
28-35 governing body’s determination is final. As used in this subsection,
28-36 “emergency” means any unexpected occurrence or combination of
28-37 occurrences which requires immediate action by the governing body
28-38 of the county, city or unincorporated town to prevent or mitigate a
28-39 substantial financial loss to the county, city or unincorporated town
28-40 or to enable the governing body to provide an essential service to
28-41 the residents of the county, city or unincorporated town.]
28-42 Sec. 74. NRS 361.4545 is hereby amended to read as follows:
28-43 361.4545 1. On or before May 5 of each year or within 5
28-44 days after receiving the projections of revenue from the Department,
28-45 whichever is later, the ex officio tax receivers shall prepare and
29-1 cause to be published in a newspaper of general circulation in their
29-2 respective counties, a notice which contains at least the following
29-3 information:
29-4 (a) A statement that the notice is not a bill for taxes owed but an
29-5 informational notice. The notice must state:
29-6 (1) That public hearings will be held on the dates listed in the
29-7 notice to adopt budgets and tax rates for the fiscal year beginning on
29-8 July 1;
29-9 (2) That the purpose of the public hearings is to receive
29-10 opinions from members of the public on the proposed budgets and
29-11 tax rates before final action is taken thereon; and
29-12 (3) The tax rate to be imposed by the county and each
29-13 political subdivision within the county for the ensuing fiscal year if
29-14 the tentative budgets which affect the property in those areas
29-15 become final budgets.
29-16 (b) A brief description of the limitation imposed by the
29-17 Legislature on the revenue of the local governments.
29-18 (c) The dates, times and locations of all of the public hearings
29-19 on the tentative budgets which affect the taxes on property.
29-20 (d) The names and addresses of the county assessor and ex
29-21 officio tax receiver who may be consulted for further information.
29-22 (e) A brief statement of how property is assessed and how the
29-23 combined tax rate is determined.
29-24 The notice must be displayed in the format used for news and must
29-25 be printed on at least one-half of a page of the newspaper.
29-26 2. Each ex officio tax receiver shall prepare and cause to be
29-27 published in a newspaper of general circulation within the county:
29-28 (a) A notice, displayed in the format used for news and printed
29-29 in not less than 8-point type, disclosing any increase in the property
29-30 taxes as a result of any change in the tentative budget.
29-31 (b) A notice, displayed in the format used for advertisements
29-32 and printed in not less than 8-point type on at least one quarter of a
29-33 page of the newspaper, disclosing any amount in cents on each $100
29-34 of assessed valuation by which the highest combined tax rate for
29-35 property in the county exceeds [$3.64] $3.14 on each $100 of
29-36 assessed valuation.
29-37 These notices must be published within 10 days after the receipt of
29-38 the information pursuant to NRS 354.596.
29-39 Sec. 75. NRS 364A.040 is hereby amended to read as follows:
29-40 364A.040 1. “Employee” includes:
29-41 (a) A natural person who receives wages or other remuneration
29-42 from a business for personal services, including commissions and
29-43 bonuses and remuneration payable in a medium other than cash; and
29-44 (b) A natural person engaged in the operation of a business.
29-45 2. The term includes:
30-1 (a) [A] Each partner or other co-owner of a business; and
30-2 (b) Except as otherwise provided in subsection 3, a natural
30-3 person reported as an employee to the:
30-4 (1) Employment Security Division of the Department of
30-5 Employment, Training and Rehabilitation;
30-6 (2) Administrator of the Division of Industrial Relations of
30-7 the Department of Business and Industry; or
30-8 (3) Internal Revenue Service on an Employer’s Quarterly
30-9 Federal Tax Return (Form 941), Employer’s Monthly Federal Tax
30-10 Return (Form 941-M), Employer’s Annual Tax Return for
30-11 Agricultural Employees (Form 943) , or any equivalent or successor
30-12 form.
30-13 3. The term does not include:
30-14 (a) A business, including an independent contractor, that
30-15 performs services on behalf of another business.
30-16 (b) A natural person who is retired or otherwise receiving
30-17 remuneration solely because of past service to the business.
30-18 (c) A newspaper carrier or the immediate supervisor of a
30-19 newspaper carrier who is an independent contractor of the
30-20 newspaper and receives compensation solely from persons who
30-21 purchase the newspaper.
30-22 (d) A natural person who performs all of his duties for the
30-23 business outside of this state.
30-24 4. An independent contractor is not an employee of a business
30-25 with whom he contracts.
30-26 Sec. 76. NRS 364A.130 is hereby amended to read as follows:
30-27 364A.130 1. Except as otherwise provided in subsection [6,]
30-28 7, a person shall not conduct a business in this state unless he has a
30-29 business license issued by the Department.
30-30 2. [The] An application for the issuance of a business license
30-31 must:
30-32 (a) Be made upon a form prescribed by the Department;
30-33 (b) Set forth the name under which the applicant transacts or
30-34 intends to transact business and the location of his place or places of
30-35 business;
30-36 (c) Declare the estimated number of employees for the previous
30-37 calendar quarter;
30-38 (d) Be accompanied by a fee of [$25;] $100; and
30-39 (e) Include any other information that the Department deems
30-40 necessary.
30-41 3. The application must be signed by:
30-42 (a) The owner, if the business is owned by a natural person;
30-43 (b) A member or partner, if the business is owned by an
30-44 association or partnership; or
31-1 (c) An officer or some other person specifically authorized to
31-2 sign the application, if the business is owned by a corporation.
31-3 4. If the application is signed pursuant to paragraph (c) of
31-4 subsection 3, written evidence of the signer’s authority must be
31-5 attached to the application.
31-6 5. Each business license issued by the Department expires 1
31-7 year after the last day of the calendar month in which it was
31-8 issued and must be renewed annually on or before that date by the
31-9 payment of a renewal fee of $100.
31-10 6. For the purposes of this chapter, a person shall be deemed to
31-11 conduct a business in this state if a business for which the person is
31-12 responsible:
31-13 (a) Is [incorporated] formed pursuant to [chapter 78 or 78A] title
31-14 7 of NRS;
31-15 (b) Has an office or other base of operations in this state; or
31-16 (c) Pays wages or other remuneration to a natural person who
31-17 performs in this state any of the duties for which he is paid.
31-18 [6.] 7. A person who takes part in a trade show or convention
31-19 held in this state for a purpose related to the conduct of a business is
31-20 not required to obtain a business license specifically for that event.
31-21 Sec. 77. NRS 364A.140 is hereby amended to read as follows:
31-22 364A.140 1. A tax is hereby imposed upon the privilege of
31-23 conducting business in this state. Except as otherwise provided in
31-24 this section, the tax for each calendar quarter is due on the last day
31-25 of the quarter and must be paid on or before the last day of the
31-26 month immediately following the quarter on the basis of the total
31-27 number of equivalent full-time employees employed by the business
31-28 in the quarter.
31-29 2. If the tax required to be paid by a business for a calendar
31-30 quarter pursuant to subsection 1 is less than $25, the business may
31-31 submit a written request to the Department to pay the tax annually
31-32 for each calendar quarter of a fiscal year ending June 30. Upon
31-33 approval of the request, the tax becomes due on the last day of the
31-34 fiscal year and must be paid on or before the last day of July
31-35 immediately following the fiscal year. If a business ceases operation
31-36 before the end of the fiscal year, the tax becomes due on the date on
31-37 which the business ceases its operation and must be paid on or
31-38 before the last day of the month immediately following the calendar
31-39 quarter in which the business ceases its operation. A business may
31-40 continue to pay the tax annually until the Department withdraws its
31-41 approval for the annual payment. The Department may withdraw its
31-42 approval at any time if it determines that the tax due for any
31-43 calendar quarter is at least $25.
32-1 3. The total number of equivalent full-time employees
32-2 employed by a business in a quarter must be calculated pursuant to
32-3 NRS 364A.150.
32-4 4. Except as otherwise provided in NRS 364A.152 and
32-5 364A.170, the amount of tax due for a business for each calendar
32-6 quarter is [$25] $75 for each equivalent full-time employee
32-7 employed by the business in the quarter.
32-8 5. Each business shall file a return on a form prescribed by the
32-9 Department with each remittance of the tax. If the payment due is
32-10 greater than $1,000, the payment must be made by direct deposit at
32-11 a bank or credit union in which the State has an account, unless the
32-12 Department waives this requirement pursuant to regulations adopted
32-13 by the Commission. The return must include:
32-14 (a) If the tax is paid quarterly, a statement of the number of
32-15 equivalent full-time employees employed by the business in the
32-16 preceding quarter and any other information the Department
32-17 determines is necessary.
32-18 (b) If the tax is paid annually, a statement of the number of
32-19 equivalent full-time employees employed by the business for each
32-20 calendar quarter of the preceding fiscal year and any other
32-21 information the Department determines is necessary.
32-22 6. The Commission shall adopt regulations concerning the
32-23 payment of the tax imposed pursuant to this section by direct
32-24 deposit.
32-25 Sec. 78. NRS 364A.140 is hereby amended to read as follows:
32-26 364A.140 1. A tax is hereby imposed upon the privilege of
32-27 conducting business in this state. Except as otherwise provided in
32-28 this section, the tax for each calendar quarter is due on the last day
32-29 of the quarter and must be paid on or before the last day of the
32-30 month immediately following the quarter on the basis of the total
32-31 number of equivalent full-time employees employed by the business
32-32 in the quarter.
32-33 2. If the tax required to be paid by a business for a calendar
32-34 quarter pursuant to subsection 1 is less than $25, the business may
32-35 submit a written request to the Department to pay the tax annually
32-36 for each calendar quarter of a fiscal year ending June 30. Upon
32-37 approval of the request, the tax becomes due on the last day of the
32-38 fiscal year and must be paid on or before the last day of July
32-39 immediately following the fiscal year. If a business ceases operation
32-40 before the end of the fiscal year, the tax becomes due on the date on
32-41 which the business ceases its operation and must be paid on or
32-42 before the last day of the month immediately following the calendar
32-43 quarter in which the business ceases its operation. A business may
32-44 continue to pay the tax annually until the Department withdraws its
32-45 approval for the annual payment. The Department may withdraw its
33-1 approval at any time if it determines that the tax due for any
33-2 calendar quarter is at least $25.
33-3 3. The total number of equivalent full-time employees
33-4 employed by a business in a quarter must be calculated pursuant to
33-5 NRS 364A.150.
33-6 4. Except as otherwise provided in NRS 364A.152 and
33-7 364A.170, the amount of tax due for a business for each calendar
33-8 quarter is [$75] $20 for each equivalent full-time employee
33-9 employed by the business in the quarter.
33-10 5. Each business shall file a return on a form prescribed by the
33-11 Department with each remittance of the tax. If the payment due is
33-12 greater than $1,000, the payment must be made by direct deposit at
33-13 a bank or credit union in which the State has an account, unless the
33-14 Department waives this requirement pursuant to regulations adopted
33-15 by the Commission. The return must include:
33-16 (a) If the tax is paid quarterly, a statement of the number of
33-17 equivalent full-time employees employed by the business in the
33-18 preceding quarter and any other information the Department
33-19 determines is necessary.
33-20 (b) If the tax is paid annually, a statement of the number of
33-21 equivalent full-time employees employed by the business for each
33-22 calendar quarter of the preceding fiscal year and any other
33-23 information the Department determines is necessary.
33-24 6. The Commission shall adopt regulations concerning the
33-25 payment of the tax imposed pursuant to this section by direct
33-26 deposit.
33-27 Sec. 79. NRS 364A.150 is hereby amended to read as follows:
33-28 364A.150 1. The total number of equivalent full-time
33-29 employees employed by a business in a quarter must be calculated
33-30 by dividing the total number of hours all employees have worked
33-31 during the quarter by 468.
33-32 2. To determine the total number of hours all employees have
33-33 worked during the quarter, the business must add the total number
33-34 of hours worked by full-time employees based in this state during
33-35 the quarter to the total number of hours worked by part-time
33-36 employees based in this state during the quarter and to the total
33-37 number of hours worked in this state by employees described in
33-38 subsection 6. A “full-time employee” is a person who is employed
33-39 to work at least 36 hours per week. All other employees are part-
33-40 time employees. An occasional reduction in the number of hours
33-41 actually worked in any week by a particular employee, as the result
33-42 of sickness, vacation or other compensated absence, does not affect
33-43 his status for the purposes of this section if his regular hours of work
33-44 are 36 or more per week. All hours for which a part-time employee
33-45 is paid must be included.
34-1 3. Except as otherwise provided in subsection 7, the total
34-2 number of hours worked by full-time employees of a business
34-3 during the quarter may be calculated by:
34-4 (a) Determining from the records of the business the number of
34-5 hours each full-time employee has worked during the quarter up to a
34-6 maximum of 468 hours per quarter and totaling the results; or
34-7 (b) Multiplying 7.2 hours by the number of days each full-time
34-8 employee was employed by the business up to a maximum of 65
34-9 days per quarter and totaling the results.
34-10 4. Except as otherwise provided in subsection 7, the total
34-11 number of hours worked by part-time employees of a business
34-12 during the quarter must be calculated by determining from the
34-13 records of the business the number of hours each part-time
34-14 employee has worked during the quarter and totaling the results.
34-15 5. The total number of hours all employees have worked
34-16 during the quarter must be calculated [excluding] , including the
34-17 hours worked by a sole proprietor or one natural person in any
34-18 unincorporated business . [, who shall be deemed the owner of the
34-19 business rather than an employee.]
34-20 6. To determine the total number of hours all employees have
34-21 worked during the quarter, in the case of a business which employs
34-22 a natural person at a base or business location outside Nevada, but
34-23 directs that person to perform at least some of his duties in Nevada,
34-24 the calculation must include the total number of hours actually
34-25 worked by that person in Nevada during the quarter. To calculate
34-26 the number of hours worked in Nevada, the formula in paragraph (b)
34-27 of subsection 3 must be used for full-time employees, and the
34-28 formula in subsection 4 must be used for part-time employees.
34-29 7. Except as otherwise provided in subsection 8, if a business
34-30 employs in a calendar quarter a person whose monthly income for
34-31 that calendar quarter is 150 percent or less of the federally
34-32 designated level signifying poverty, the business may exclude the
34-33 total number of hours which the employee worked during that
34-34 calendar quarter in calculating the total number of hours worked by
34-35 employees of the business during the quarter if the business
34-36 provided to the employee for the whole calendar quarter:
34-37 (a) Free child care for the children of the employee at an on-site
34-38 child care facility; or
34-39 (b) One or more vouchers for use by the employee to pay the
34-40 total cost of child care for the calendar quarter at a licensed child
34-41 care facility that is within a reasonable distance from the business.
34-42 8. The number of hours excluded pursuant to subsection 7 must
34-43 not reduce the total tax liability of the business by more than 50
34-44 percent.
35-1 9. As used in this section, the term “on-site child care facility”
35-2 has the meaning ascribed to it in NRS 432A.0275.
35-3 Sec. 80. NRS 369.174 is hereby amended to read as follows:
35-4 369.174 Each month, the State Controller shall transfer to the
35-5 Tax on Liquor Program Account in the State General Fund, from the
35-6 tax on liquor containing more than 22 percent of alcohol by volume,
35-7 the portion of the tax which exceeds [$1.90] $3.72 per wine gallon.
35-8 Sec. 81. NRS 369.330 is hereby amended to read as follows:
35-9 369.330 Except as otherwise provided in this chapter, an excise
35-10 tax is hereby levied and must be collected respecting all liquor and
35-11 upon the privilege of importing, possessing, storing or selling liquor,
35-12 according to the following rates and classifications:
35-13 1. On liquor containing more than 22 percent of alcohol by
35-14 volume, [$2.05] $3.87 per wine gallon or proportionate part thereof.
35-15 2. On liquor containing more than 14 percent up to and
35-16 including 22 percent of alcohol by volume, [75 cents] $1.42 per
35-17 wine gallon or proportionate part thereof.
35-18 3. On liquor containing from one-half of 1 percent up to and
35-19 including 14 percent of alcohol by volume, [40] 76 cents per wine
35-20 gallon or proportionate part thereof.
35-21 4. On all malt beverage liquor brewed or fermented and bottled
35-22 in or outside this state, [9] 17 cents per gallon.
35-23 Sec. 82. NRS 370.165 is hereby amended to read as follows:
35-24 370.165 There is hereby levied a tax upon the purchase or
35-25 possession of cigarettes by a consumer in the State of Nevada at the
35-26 rate of [17.5] 52.5 mills per cigarette. The tax may be represented
35-27 and precollected by the affixing of a revenue stamp or other
35-28 approved evidence of payment to each package, packet or container
35-29 in which cigarettes are sold. The tax must be precollected by the
35-30 wholesale or retail dealer, and must be recovered from the consumer
35-31 by adding the amount of the tax to the selling price. Each person
35-32 who sells cigarettes at retail shall prominently display on his
35-33 premises a notice that the tax is included in the selling price and is
35-34 payable under the provisions of this chapter.
35-35 Sec. 83. NRS 370.260 is hereby amended to read as follows:
35-36 370.260 1. All taxes and license fees imposed by the
35-37 provisions of NRS 370.001 to 370.430, inclusive, less any refunds
35-38 granted as provided by law, must be paid to the Department in the
35-39 form of remittances payable to the Department.
35-40 2. The Department shall:
35-41 (a) As compensation to the state for the costs of collecting the
35-42 taxes and license fees, transmit each month the sum the Legislature
35-43 specifies from the remittances made to it pursuant to subsection 1
35-44 during the preceding month to the State Treasurer for deposit to the
36-1 credit of the Department. The deposited money must be expended
36-2 by the Department in accordance with its work program.
36-3 (b) From the remittances made to it pursuant to subsection 1
36-4 during the preceding month, less the amount transmitted pursuant to
36-5 paragraph (a), transmit each month the portion of the tax which is
36-6 equivalent to [12.5] 47.5 mills per cigarette to the State Treasurer
36-7 for deposit to the credit of the Account for the Tax on Cigarettes in
36-8 the State General Fund.
36-9 (c) Transmit the balance of the payments each month to the
36-10 State Treasurer for deposit in the Local Government Tax
36-11 Distribution Account created by NRS 360.660.
36-12 (d) Report to the State Controller monthly the amount of
36-13 collections.
36-14 3. The money deposited pursuant to paragraph (c) of
36-15 subsection 2 in the Local Government Tax Distribution Account is
36-16 hereby appropriated to Carson City andto each of the counties in
36-17 proportion to their respective populations and must be credited to
36-18 the respective accounts of Carson City and each county.
36-19 Sec. 84. NRS 370.350 is hereby amended to read as follows:
36-20 370.350 1. Except as otherwise provided in subsection 3, a
36-21 tax is hereby levied and imposed upon the use of cigarettes in this
36-22 state.
36-23 2. The amount of the use tax is [17.5] 52.5 mills per cigarette.
36-24 3. The use tax does not apply where:
36-25 (a) Nevada cigarette revenue stamps have been affixed to
36-26 cigarette packages as required by law.
36-27 (b) Tax exemption is provided for in this chapter.
36-28 Sec. 85. NRS 372.130 is hereby amended to read as follows:
36-29 372.130 At the time of making an application, the applicant
36-30 must pay to the Department a permit fee of [$1] $5 for each permit.
36-31 Sec. 86. NRS 372.140 is hereby amended to read as follows:
36-32 372.140 A seller whose permit has been previously suspended
36-33 or revoked must pay the Department a fee of [$1] $5 for the renewal
36-34 or issuance of a permit.
36-35 Sec. 87. NRS 372.370 is hereby amended to read as follows:
36-36 372.370 [The taxpayer shall] A taxpayer may, to reimburse
36-37 himself for the cost of collecting the tax, deduct and withhold from
36-38 the [taxes] amount of the tax otherwise due from him :
36-39 1. If full payment is received by the Department within 7 days
36-40 after the end of the reporting period for which the payment is
36-41 made, 1.25 percent of [it to reimburse himself for the cost of
36-42 collecting the tax.] the amount otherwise due; and
36-43 2. Except as otherwise provided in subsection 1, if full
36-44 payment is received by the Department on or before the last day of
37-1 the month immediately following the reporting period for which
37-2 the payment is made, 0.75 percent of the amount otherwise due.
37-3 Sec. 88. NRS 374.135 is hereby amended to read as follows:
37-4 374.135 At the time of making an application, the applicant
37-5 shall pay to the Department a permit fee of [$1] $5 for each permit.
37-6 Sec. 89. NRS 374.145 is hereby amended to read as follows:
37-7 374.145 A seller whose permit has been previously suspended
37-8 or revoked shall pay the Department a fee of [$1] $5 for the renewal
37-9 or issuance of a permit.
37-10 Sec. 90. NRS 374.2911 is hereby amended to read as follows:
37-11 374.2911 1. A taxpayer may collect an admission fee for the
37-12 exhibition of fine art otherwise exempt from taxation on its sale,
37-13 storage, use or other consumption pursuant to NRS 374.291 if the
37-14 taxpayer offers to residents of the State of Nevada a discount of 50
37-15 percent from any admission fee charged to nonresidents. The
37-16 discounted admission fee for residents must be offered at any time
37-17 the exhibition is open to the public and admission fees are being
37-18 charged.
37-19 2. If a taxpayer collects a fee for the exhibition of fine art
37-20 otherwise exempt from taxation on its sale, storage, use or other
37-21 consumption pursuant to NRS 374.291 and the fee is collected
37-22 during the first full fiscal year after the purchase of the fine art, the
37-23 exemption pertaining to that fine art must be reduced by the net
37-24 revenue derived by the taxpayer for that first full fiscal year. The
37-25 exemption pertaining to fine art must not be reduced below zero,
37-26 regardless of the amount of the net revenue derived by the taxpayer
37-27 for that first full fiscal year.
37-28 3. Any tax due pursuant to this section must be paid with the
37-29 first sales and use tax return otherwise required to be filed by the
37-30 taxpayer following the 15th day of the fourth month after the end of
37-31 the first full fiscal year following the purchase of the fine art or, if
37-32 no sales and use tax return is otherwise required to be filed by the
37-33 taxpayer, with a sales and use tax return filed specifically for this
37-34 purpose on or before the last day of the fourth month after the end of
37-35 the first full fiscal year following the purchase of the fine art.
37-36 4. A taxpayer who is required to pay a tax resulting from the
37-37 operation of this section may receive a credit against the tax for any
37-38 donations made by the taxpayer to the State Arts Council, the
37-39 Division of Museums and History Dedicated Trust Fund established
37-40 pursuant to NRS 381.0031, a museum that provides exhibits
37-41 specifically related to nature or a museum that provides exhibits
37-42 specifically related to children, if the taxpayer:
37-43 (a) Made the donation before the date that either return required
37-44 pursuant to subsection 3 is due; and
38-1 (b) Provides the Department documentation of the donation at
38-2 the time that he files the return required pursuant to subsection 3.
38-3 5. For the purposes of this section:
38-4 (a) “Direct costs of owning and exhibiting the fine art” does not
38-5 include any allocation of the general and administrative expense of a
38-6 business or organization that conducts activities in addition to the
38-7 operation of the facility in which the fine art is displayed, including,
38-8 without limitation, an allocation of the salary and benefits of a
38-9 senior executive who is responsible for the oversight of the facility
38-10 in which the fine art is displayed and who has substantial
38-11 responsibilities related to the other activities of the business or
38-12 organization.
38-13 (b) “Net revenue” means the amount of the fees collected for
38-14 exhibiting the fine art during the fiscal year less the following paid
38-15 or made during the fiscal year:
38-16 (1) Any taxes on those fees imposed pursuant to section 44
38-17 of this act;
38-18 (2) The direct costs of owning and exhibiting the fine art; and
38-19 [(2)] (3) The cost of educational programs associated with
38-20 the taxpayer’s public display of fine art, including the cost of
38-21 meeting the requirements of subsubparagraph (IV) of subparagraph
38-22 (1) of paragraph (a) of subsection 4 of NRS 374.291.
38-23 Sec. 91. NRS 374.375 is hereby amended to read as follows:
38-24 374.375 [The taxpayer shall] A taxpayer may, to reimburse
38-25 himself for the cost of collecting the tax, deduct and withhold from
38-26 the [taxes] amount of the tax otherwise due from him :
38-27 1. If full payment is received by the Department within 7 days
38-28 after the end of the reporting period for which the payment is
38-29 made, 1.25 percent [thereof to reimburse himself for the cost of
38-30 collecting the tax.] of the amount otherwise due; and
38-31 2. Except as otherwise provided in subsection 1, if full
38-32 payment is received by the Department on or before the last day of
38-33 the month immediately following the reporting period for which
38-34 the payment is made, 0.75 percent of the amount otherwise due.
38-35 Sec. 92. NRS 14.030 is hereby amended to read as follows:
38-36 14.030 1. If any artificial person described in NRS 14.020
38-37 fails to appoint a resident agent, or fails to file a certificate of
38-38 acceptance of appointment for 30 days after a vacancy occurs in the
38-39 agency, on the production of a certificate of the Secretary of State
38-40 showing either fact, which is conclusive evidence of the fact so
38-41 certified to be made a part of the return of service, the artificial
38-42 person may be served with any and all legal process, or a demand or
38-43 notice described in NRS 14.020, by delivering a copy to the
38-44 Secretary of State, or, in his absence, to any deputy secretary of
39-1 state, and such service is valid to all intents and purposes. The copy
39-2 must:
39-3 (a) Include a specific citation to the provisions of this section.
39-4 The Secretary of State may refuse to accept such service if the
39-5 proper citation is not included.
39-6 (b) Be accompanied by a fee of [$10.] $15.
39-7 The Secretary of State shall keep a copy of the legal process
39-8 received pursuant to this section in his office for at least 1 year after
39-9 receipt thereof and shall make those records available for public
39-10 inspection during normal business hours.
39-11 2. In all cases of such service, the defendant has 40 days,
39-12 exclusive of the day of service, within which to answer or plead.
39-13 3. Before such service is authorized, the plaintiff shall make or
39-14 cause to be made and filed an affidavit setting forth the facts,
39-15 showing that due diligence has been used to ascertain the
39-16 whereabouts of the officers of the artificial person to be served, and
39-17 the facts showing that direct or personal service on, or notice to, the
39-18 artificial person cannot be had.
39-19 4. If it appears from the affidavit that there is a last known
39-20 address of the artificial person or any known officers thereof, the
39-21 plaintiff shall, in addition to and after such service on the Secretary
39-22 of State, mail or cause to be mailed to the artificial person or to the
39-23 known officer, at such address, by registered or certified mail, a
39-24 copy of the summons and a copy of the complaint, and in all such
39-25 cases the defendant has 40 days after the date of the mailing within
39-26 which to appear in the action.
39-27 5. This section provides an additional manner of serving
39-28 process[,] and does not affect the validity of any other valid service.
39-29 Sec. 93. NRS 78.0295 is hereby amended to read as follows:
39-30 78.0295 1. A corporation may correct a document filed by
39-31 the Secretary of State with respect to the corporation if the
39-32 document contains an inaccurate record of a corporate action
39-33 described in the document or was defectively executed, attested,
39-34 sealed, verified or acknowledged.
39-35 2. To correct a document, the corporation shall:
39-36 (a) Prepare a certificate of correction which:
39-37 (1) States the name of the corporation;
39-38 (2) Describes the document, including, without limitation, its
39-39 filing date;
39-40 (3) Specifies the inaccuracy or defect;
39-41 (4) Sets forth the inaccurate or defective portion of the
39-42 document in an accurate or corrected form; and
39-43 (5) Is signed by an officer of the corporation.
39-44 (b) Deliver the certificate to the Secretary of State for filing.
39-45 (c) Pay a filing fee of [$150] $225 to the Secretary of State.
40-1 3. A certificate of correction is effective on the effective date
40-2 of the document it corrects except as to persons relying on the
40-3 uncorrected document and adversely affected by the correction. As
40-4 to those persons, the certificate is effective when filed.
40-5 Sec. 94. NRS 78.150 is hereby amended to read as follows:
40-6 78.150 1. A corporation organized pursuant to the laws of
40-7 this state shall, on or before the first day of the second month after
40-8 the filing of its articles of incorporation with the Secretary of State,
40-9 file with the Secretary of State a list, on a form furnished by him,
40-10 containing:
40-11 (a) The name of the corporation;
40-12 (b) The file number of the corporation, if known;
40-13 (c) The names and titles of the president, secretary, treasurer and
40-14 of all the directors of the corporation;
40-15 (d) The mailing or street address, either residence or business, of
40-16 each officer and director listed, following the name of the officer or
40-17 director;
40-18 (e) The name and street address of the resident agent of the
40-19 corporation; and
40-20 (f) The signature of an officer of the corporation certifying that
40-21 the list is true, complete and accurate.
40-22 2. The corporation shall annually thereafter, on or before the
40-23 last day of the month in which the anniversary date of incorporation
40-24 occurs in each year, file with the Secretary of State, on a form
40-25 furnished by him, an annual list containing all of the information
40-26 required in subsection 1.
40-27 3. Each list required by subsection 1 or 2 must be accompanied
40-28 by a declaration under penalty of perjury that the corporation has
40-29 complied with the provisions of chapter 364A of NRS.
40-30 4. Upon filing the list required by:
40-31 (a) Subsection 1, the corporation shall pay to the Secretary of
40-32 State a fee of [$165.] $250.
40-33 (b) Subsection 2, the corporation shall pay to the Secretary of
40-34 State a fee of [$85.] $130.
40-35 5. The Secretary of State shall, 60 days before the last day for
40-36 filing each annual list required by subsection 2, cause to be mailed
40-37 to each corporation which is required to comply with the provisions
40-38 of NRS 78.150 to 78.185, inclusive, and which has not become
40-39 delinquent, a notice of the fee due pursuant to subsection 4 and a
40-40 reminder to file the annual list required by subsection 2. Failure of
40-41 any corporation to receive a notice or form does not excuse it from
40-42 the penalty imposed by law.
40-43 6. If the list to be filed pursuant to the provisions of subsection
40-44 1 or 2 is defective in any respect or the fee required by subsection 4
41-1 or 8 is not paid, the Secretary of State may return the list for
41-2 correction or payment.
41-3 7. An annual list for a corporation not in default which is
41-4 received by the Secretary of State more than 60 days before its due
41-5 date shall be deemed an amended list for the previous year and must
41-6 be accompanied by a fee of [$85] $130 for filing. A payment
41-7 submitted pursuant to this subsection does not satisfy the
41-8 requirements of subsection 2 for the year to which the due date is
41-9 applicable.
41-10 8. If the corporation is an association as defined in NRS
41-11 116.110315, the Secretary of State shall not accept the filing
41-12 required by this section unless it is accompanied by evidence of the
41-13 payment of the fee required to be paid pursuant to NRS 116.31155
41-14 that is provided to the association pursuant to subsection 4 of that
41-15 section.
41-16 Sec. 95. NRS 78.170 is hereby amended to read as follows:
41-17 78.170 1. Each corporation required to make a filing and pay
41-18 the fee prescribed in NRS 78.150 to 78.185, inclusive, which refuses
41-19 or neglects to do so within the time provided shall be deemed in
41-20 default.
41-21 2. For default there must be added to the amount of the fee a
41-22 penalty of [$50.] $75. The fee and penalty must be collected as
41-23 provided in this chapter.
41-24 Sec. 96. NRS 78.180 is hereby amended to read as follows:
41-25 78.180 1. Except as otherwise provided in subsections 3 and
41-26 4, the Secretary of State shall reinstate a corporation which has
41-27 forfeited its right to transact business pursuant to the provisions of
41-28 this chapter and restore to the corporation its right to carry on
41-29 business in this state, and to exercise its corporate privileges and
41-30 immunities, if it:
41-31 (a) Files with the Secretary of State the list required by NRS
41-32 78.150; and
41-33 (b) Pays to the Secretary of State:
41-34 (1) The filing fee and penalty set forth in NRS 78.150 and
41-35 78.170 for each year or portion thereof during which it failed to file
41-36 each required annual list in a timely manner; and
41-37 (2) A fee of [$200] $300 for reinstatement.
41-38 2. When the Secretary of State reinstates the corporation, he
41-39 shall:
41-40 (a) Immediately issue and deliver to the corporation a certificate
41-41 of reinstatement authorizing it to transact business as if the filing fee
41-42 or fees had been paid when due; and
41-43 (b) Upon demand, issue to the corporation one or more certified
41-44 copies of the certificate of reinstatement.
42-1 3. The Secretary of State shall not order a reinstatement unless
42-2 all delinquent fees and penalties have been paid, and the revocation
42-3 of the charter occurred only by reason of failure to pay the fees and
42-4 penalties.
42-5 4. If a corporate charter has been revoked pursuant to the
42-6 provisions of this chapter and has remained revoked for a period of
42-7 5 consecutive years, the charter must not be reinstated.
42-8 Sec. 97. NRS 78.390 is hereby amended to read as follows:
42-9 78.390 1. Every amendment adopted pursuant to the
42-10 provisions of NRS 78.385 must be made in the following manner:
42-11 (a) The board of directors must adopt a resolution setting forth
42-12 the amendment proposed and declaring its advisability, and either
42-13 call a special meeting of the stockholders entitled to vote on the
42-14 amendment or direct that the proposed amendment be considered at
42-15 the next annual meeting of the stockholders entitled to vote on the
42-16 amendment.
42-17 (b) At the meeting, of which notice must be given to each
42-18 stockholder entitled to vote pursuant to the provisions of this
42-19 section, a vote of the stockholders entitled to vote in person or by
42-20 proxy must be taken for and against the proposed amendment. If it
42-21 appears upon the canvassing of the votes that stockholders holding
42-22 shares in the corporation entitling them to exercise at least a
42-23 majority of the voting power, or such greater proportion of the
42-24 voting power as may be required in the case of a vote by classes or
42-25 series, as provided in subsections 2 and 4, or as may be required by
42-26 the provisions of the articles of incorporation, have voted in favor of
42-27 the amendment, an officer of the corporation shall sign a certificate
42-28 setting forth the amendment, or setting forth the articles of
42-29 incorporation as amended, and the vote by which the amendment
42-30 was adopted.
42-31 (c) The certificate so signed must be filed with the Secretary of
42-32 State.
42-33 2. If any proposed amendment would adversely alter or change
42-34 any preference or any relative or other right given to any class or
42-35 series of outstanding shares, then the amendment must be approved
42-36 by the vote, in addition to the affirmative vote otherwise required, of
42-37 the holders of shares representing a majority of the voting power of
42-38 each class or series adversely affected by the amendment regardless
42-39 of limitations or restrictions on the voting power thereof.
42-40 3. Provision may be made in the articles of incorporation
42-41 requiring, in the case of any specified amendments, a larger
42-42 proportion of the voting power of stockholders than that required by
42-43 this section.
42-44 4. Different series of the same class of shares do not constitute
42-45 different classes of shares for the purpose of voting by classes
43-1 except when the series is adversely affected by an amendment in a
43-2 different manner than other series of the same class.
43-3 5. The resolution of the stockholders approving the proposed
43-4 amendment may provide that at any time before the effective date of
43-5 the amendment, notwithstanding approval of the proposed
43-6 amendment by the stockholders, the board of directors may, by
43-7 resolution, abandon the proposed amendment without further action
43-8 by the stockholders.
43-9 6. A certificate filed pursuant to subsection 1 becomes
43-10 effective upon filing with the Secretary of State or upon a later date
43-11 specified in the certificate, which must not be later than 90 days
43-12 after the certificate is filed.
43-13 7. If a certificate filed pursuant to subsection 1 specifies an
43-14 effective date and if the resolution of the stockholders approving the
43-15 proposed amendment provides that the board of directors may
43-16 abandon the proposed amendment pursuant to subsection 5, the
43-17 board of directors may terminate the effectiveness of the certificate
43-18 by resolution and by filing a certificate of termination with the
43-19 Secretary of State that:
43-20 (a) Is filed before the effective date specified in the certificate
43-21 filed pursuant to subsection 1;
43-22 (b) Identifies the certificate being terminated;
43-23 (c) States that, pursuant to the resolution of the stockholders, the
43-24 board of directors is authorized to terminate the effectiveness of the
43-25 certificate;
43-26 (d) States that the effectiveness of the certificate has been
43-27 terminated;
43-28 (e) Is signed by an officer of the corporation; and
43-29 (f) Is accompanied by a filing fee of [$150.] $225.
43-30 Sec. 98. NRS 78.760 is hereby amended to read as follows:
43-31 78.760 1. The fee for filing articles of incorporation is
43-32 prescribed in the following schedule:
43-33 If the amount represented by the total number of
43-34 shares provided for in the articles is:
43-35 $75,000 or less.................... [$175] $265
43-36 Over $75,000 and not over $200,000[225] 340
43-37 Over $200,000 and not over $500,000[325] 490
43-38 Over $500,000 and not over $1,000,000[425] 640
43-39 Over $1,000,000:
43-40 For the first $1,000,000...... [425] 640
43-41 For each additional $500,000 or fraction
43-42 thereof.................................. [225] 340
44-1 2. The maximum fee which may be charged pursuant to this
44-2 section is [$25,000] $37,500 for:
44-3 (a) The original filing of articles of incorporation.
44-4 (b) A subsequent filing of any instrument which authorizes an
44-5 increase in stock.
44-6 3. For the purposes of computing the filing fees according to
44-7 the schedule in subsection 1, the amount represented by the total
44-8 number of shares provided for in the articles of incorporation is:
44-9 (a) The aggregate par value of the shares, if only shares with a
44-10 par value are therein provided for;
44-11 (b) The product of the number of shares multiplied by $1,
44-12 regardless of any lesser amount prescribed as the value or
44-13 consideration for which shares may be issued and disposed of, if
44-14 only shares without par value are therein provided for; or
44-15 (c) The aggregate par value of the shares with a par value plus
44-16 the product of the number of shares without par value multiplied by
44-17 $1, regardless of any lesser amount prescribed as the value or
44-18 consideration for which the shares without par value may be issued
44-19 and disposed of, if shares with and without par value are therein
44-20 provided for.
44-21 For the purposes of this subsection, shares with no prescribed par
44-22 value shall be deemed shares without par value.
44-23 4. The Secretary of State shall calculate filing fees pursuant to
44-24 this section with respect to shares with a par value of less than one-
44-25 tenth of a cent as if the par value were one-tenth of a cent.
44-26 Sec. 99. NRS 78.765 is hereby amended to read as follows:
44-27 78.765 1. The fee for filing a certificate changing the number
44-28 of authorized shares pursuant to NRS 78.209 or a certificate of
44-29 amendment to articles of incorporation that increases the
44-30 corporation’s authorized stock or a certificate of correction that
44-31 increases the corporation’s authorized stock is the difference
44-32 between the fee computed at the rates specified in NRS 78.760 upon
44-33 the total authorized stock of the corporation, including the proposed
44-34 increase, and the fee computed at the rates specified in NRS 78.760
44-35 upon the total authorized capital, excluding the proposed increase.
44-36 In no case may the amount be less than [$150.] $225.
44-37 2. The fee for filing a certificate of amendment to articles of
44-38 incorporation that does not increase the corporation’s authorized
44-39 stock or a certificate of correction that does not increase the
44-40 corporation’s authorized stock is [$150.] $225.
44-41 3. The fee for filing a certificate or an amended certificate
44-42 pursuant to NRS 78.1955 is [$150.] $225.
44-43 4. The fee for filing a certificate of termination pursuant to
44-44 NRS 78.1955, 78.209 or 78.380 is [$150.] $225.
45-1 Sec. 100. NRS 78.767 is hereby amended to read as follows:
45-2 78.767 1. The fee for filing a certificate of restated articles of
45-3 incorporation that does not increase the corporation’s authorized
45-4 stock is [$150.] $225.
45-5 2. The fee for filing a certificate of restated articles of
45-6 incorporation that increases the corporation’s authorized stock is the
45-7 difference between the fee computed pursuant to NRS 78.760 based
45-8 upon the total authorized stock of the corporation, including the
45-9 proposed increase, and the fee computed pursuant to NRS 78.760
45-10 based upon the total authorized stock of the corporation, excluding
45-11 the proposed increase. In no case may the amount be less than
45-12 [$150.] $225.
45-13 Sec. 101. NRS 78.780 is hereby amended to read as follows:
45-14 78.780 1. The fee for filing a certificate of extension of
45-15 corporate existence of any corporation is an amount equal to one-
45-16 fourth of the fee computed at the rates specified in NRS 78.760 for
45-17 filing articles of incorporation.
45-18 2. The fee for filing a certificate of dissolution whether it
45-19 occurs before or after the payment of capital and beginning of
45-20 business is [$60.] $90.
45-21 Sec. 102. NRS 78.785 is hereby amended to read as follows:
45-22 78.785 1. The fee for filing a certificate of change of location
45-23 of a corporation’s registered office and resident agent, or a new
45-24 designation of resident agent, is [$30.] $45.
45-25 2. The fee for certifying articles of incorporation where a copy
45-26 is provided is [$20.] $30.
45-27 3. The fee for certifying a copy of an amendment to articles of
45-28 incorporation, or to a copy of the articles as amended, where a copy
45-29 is furnished, is [$20.] $30.
45-30 4. The fee for certifying an authorized printed copy of the
45-31 general corporation law as compiled by the Secretary of State is
45-32 [$20.] $30.
45-33 5. The fee for reserving a corporate name is [$20.] $30.
45-34 6. The fee for executing a certificate of corporate existence
45-35 which does not list the previous documents relating to the
45-36 corporation, or a certificate of change in a corporate name, is
45-37 [$40.] $60.
45-38 7. The fee for executing a certificate of corporate existence
45-39 which lists the previous documents relating to the corporation is
45-40 [$40.] $60.
45-41 8. The fee for executing, certifying or filing any certificate or
45-42 document not provided for in NRS 78.760 to 78.785, inclusive, is
45-43 [$40.] $60.
45-44 9. The fee for copies made at the Office of the Secretary of
45-45 State is [$1] $1.50 per page.
46-1 10. The fees for filing articles of incorporation, articles of
46-2 merger, or certificates of amendment increasing the basic surplus of
46-3 a mutual or reciprocal insurer must be computed pursuant to NRS
46-4 78.760, 78.765 and 92A.210, on the basis of the amount of basic
46-5 surplus of the insurer.
46-6 11. The fee for examining and provisionally approving any
46-7 document at any time before the document is presented for filing is
46-8 [$100.] $150.
46-9 Sec. 103. NRS 78.795 is hereby amended to read as follows:
46-10 78.795 1. Any natural person or corporation residing or
46-11 located in this state may, on or after January 1 of any year but before
46-12 January 31 of that year, register his willingness to serve as the
46-13 resident agent of a domestic or foreign corporation, limited-liability
46-14 company or limited partnership with the Secretary of State. The
46-15 registration must be accompanied by a fee of [$250] $375 per office
46-16 location of the resident agent.
46-17 2. The Secretary of State shall maintain a list of those persons
46-18 who are registered pursuant to subsection 1 and make the list
46-19 available to persons seeking to do business in this state.
46-20 Sec. 104. NRS 80.050 is hereby amended to read as follows:
46-21 80.050 1. Except as otherwise provided in subsection 3,
46-22 foreign corporations shall pay the same fees to the Secretary of State
46-23 as are required to be paid by corporations organized pursuant to the
46-24 laws of this state, but the amount of fees to be charged must not
46-25 exceed:
46-26 (a) The sum of [$25,000] $37,500 for filing documents for
46-27 initial qualification; or
46-28 (b) The sum of [$25,000] $37,500 for each subsequent filing of
46-29 a certificate increasing authorized capital stock.
46-30 2. If the corporate documents required to be filed set forth only
46-31 the total number of shares of stock the corporation is authorized to
46-32 issue without reference to value, the authorized shares shall be
46-33 deemed to be without par value and the filing fee must be computed
46-34 pursuant to paragraph (b) of subsection 3 of NRS 78.760.
46-35 3. Foreign corporations which are nonprofit corporations and
46-36 do not have or issue shares of stock shall pay the same fees to the
46-37 Secretary of State as are required to be paid by nonprofit
46-38 corporations organized pursuant to the laws of this state.
46-39 4. The fee for filing a notice of withdrawal from the State of
46-40 Nevada by a foreign corporation is [$60.] $90.
46-41 Sec. 105. NRS 80.110 is hereby amended to read as follows:
46-42 80.110 1. Each foreign corporation doing business in this
46-43 state shall, on or before the first day of the second month after the
46-44 filing of its certificate of corporate existence with the Secretary of
46-45 State, and annually thereafter on or before the last day of the month
47-1 in which the anniversary date of its qualification to do business in
47-2 this state occurs in each year, file with the Secretary of State a list,
47-3 on a form furnished by him, that contains:
47-4 (a) The names of its president, secretary and treasurer or their
47-5 equivalent, and all of its directors;
47-6 (b) A designation of its resident agent in this state; and
47-7 (c) The signature of an officer of the corporation.
47-8 Each list filed pursuant to this subsection must be accompanied by a
47-9 declaration under penalty of perjury that the foreign corporation has
47-10 complied with the provisions of chapter 364A of NRS.
47-11 2. Upon filing:
47-12 (a) The initial list required by subsection 1, the corporation shall
47-13 pay to the Secretary of State a fee of [$165.] $250.
47-14 (b) Each annual list required by subsection 1, the corporation
47-15 shall pay to the Secretary of State a fee of [$85.] $130.
47-16 3. The Secretary of State shall, 60 days before the last day for
47-17 filing each annual list required by subsection 1, cause to be mailed
47-18 to each corporation required to comply with the provisions of NRS
47-19 80.110 to 80.170, inclusive, which has not become delinquent, the
47-20 blank forms to be completed and filed with him. Failure of any
47-21 corporation to receive the forms does not excuse it from the penalty
47-22 imposed by the provisions of NRS 80.110 to 80.170, inclusive.
47-23 4. An annual list for a corporation not in default which is
47-24 received by the Secretary of State more than 60 days before its due
47-25 date shall be deemed an amended list for the previous year and does
47-26 not satisfy the requirements of subsection 1 for the year to which the
47-27 due date is applicable.
47-28 Sec. 106. NRS 80.150 is hereby amended to read as follows:
47-29 80.150 1. Any corporation required to make a filing and pay
47-30 the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses
47-31 or neglects to do so within the time provided[,] is in default.
47-32 2. For default there must be added to the amount of the fee a
47-33 penalty of [$50,] $75, and unless the filing is made and the fee and
47-34 penalty are paid on or before the first day of the ninth month
47-35 following the month in which filing was required, the defaulting
47-36 corporation by reason of its default forfeits its right to transact any
47-37 business within this state. The fee and penalty must be collected as
47-38 provided in this chapter.
47-39 Sec. 107. NRS 80.170 is hereby amended to read as follows:
47-40 80.170 1. Except as otherwise provided in subsections 3 and
47-41 4, the Secretary of State shall reinstate a corporation which has
47-42 forfeited or which forfeits its right to transact business under the
47-43 provisions of this chapter and restore to the corporation its right to
47-44 transact business in this state, and to exercise its corporate privileges
47-45 and immunities if it:
48-1 (a) Files with the Secretary of State a list as provided in NRS
48-2 80.110 and 80.140; and
48-3 (b) Pays to the Secretary of State:
48-4 (1) The filing fee and penalty set forth in NRS 80.110 and
48-5 80.150 for each year or portion thereof that its right to transact
48-6 business was forfeited; and
48-7 (2) A fee of [$200] $300 for reinstatement.
48-8 2. If payment is made and the Secretary of State reinstates the
48-9 corporation to its former rights, he shall:
48-10 (a) Immediately issue and deliver to the corporation so
48-11 reinstated a certificate of reinstatement authorizing it to transact
48-12 business in the same manner as if the filing fee had been paid when
48-13 due; and
48-14 (b) Upon demand, issue to the corporation one or more certified
48-15 copies of the certificate of reinstatement.
48-16 3. The Secretary of State shall not order a reinstatement unless
48-17 all delinquent fees and penalties have been paid, and the revocation
48-18 of the right to transact business occurred only by reason of failure to
48-19 pay the fees and penalties.
48-20 4. If the right of a corporation to transact business in this state
48-21 has been forfeited pursuant to the provisions of NRS 80.160 and has
48-22 remained forfeited for a period of 5 consecutive years, the right is
48-23 not subject to reinstatement.
48-24 Sec. 108. NRS 82.193 is hereby amended to read as follows:
48-25 82.193 1. A corporation shall have a resident agent in the
48-26 manner provided in NRS 78.090, 78.095, 78.097 and 78.110. The
48-27 resident agent and the corporation shall comply with the provisions
48-28 of those sections.
48-29 2. A corporation is subject to the provisions of NRS 78.150 to
48-30 78.185, inclusive, except that:
48-31 (a) The fee for filing a list is [$15;] $25;
48-32 (b) The penalty added for default is [$5;] $10; and
48-33 (c) The fee for reinstatement is [$25.] $40.
48-34 Sec. 109. NRS 82.531 is hereby amended to read as follows:
48-35 82.531 1. The fee for filing articles of incorporation,
48-36 amendments to or restatements of articles of incorporation,
48-37 certificates pursuant to NRS 82.061 and 82.063 and documents for
48-38 dissolution is [$25] $40 for each document.
48-39 2. Except as otherwise provided in NRS 82.193 and subsection
48-40 1, the fees for filing documents are those set forth in NRS 78.765 to
48-41 78.785, inclusive.
48-42 Sec. 110. NRS 84.090 is hereby amended to read as follows:
48-43 84.090 1. The fee for filing articles of incorporation,
48-44 amendments to or restatements of articles of incorporation,
49-1 certificates of reinstatement and documents for dissolution is [$25]
49-2 $40 for each document.
49-3 2. Except as otherwise provided in this chapter, the fees set
49-4 forth in NRS 78.785 apply to this chapter.
49-5 Sec. 111. NRS 84.130 is hereby amended to read as follows:
49-6 84.130 1. Each corporation sole that is required to make the
49-7 filings and pay the fees prescribed in this chapter but refuses or
49-8 neglects to do so within the time provided is in default.
49-9 2. For default, there must be added to the amount of the fee a
49-10 penalty of [$5.] $10. The fee and penalty must be collected as
49-11 provided in this chapter.
49-12 Sec. 112. NRS 84.150 is hereby amended to read as follows:
49-13 84.150 1. Except as otherwise provided in subsections 3 and
49-14 4, the Secretary of State shall reinstate any corporation sole which
49-15 has forfeited its right to transact business under the provisions of
49-16 this chapter and restore the right to carry on business in this state
49-17 and exercise its corporate privileges and immunities, if it:
49-18 (a) Files with the Secretary of State a certificate of acceptance of
49-19 appointment executed by the resident agent of the corporation; and
49-20 (b) Pays to the Secretary of State:
49-21 (1) The filing fees and penalties set forth in this chapter for
49-22 each year or portion thereof during which its charter has been
49-23 revoked; and
49-24 (2) A fee of [$25] $40 for reinstatement.
49-25 2. When the Secretary of State reinstates the corporation to its
49-26 former rights, he shall:
49-27 (a) Immediately issue and deliver to the corporation a certificate
49-28 of reinstatement authorizing it to transact business, as if the fees had
49-29 been paid when due; and
49-30 (b) Upon demand, issue to the corporation a certified copy of the
49-31 certificate of reinstatement.
49-32 3. The Secretary of State shall not order a reinstatement unless
49-33 all delinquent fees and penalties have been paid, and the revocation
49-34 of its charter occurred only by reason of its failure to pay the fees
49-35 and penalties.
49-36 4. If a corporate charter has been revoked pursuant to the
49-37 provisions of this chapter and has remained revoked for 10
49-38 consecutive years, the charter must not be reinstated.
49-39 Sec. 113. NRS 86.226 is hereby amended to read as follows:
49-40 86.226 1. A signed certificate of amendment, or a certified
49-41 copy of a judicial decree of amendment, must be filed with the
49-42 Secretary of State. A person who executes a certificate as an agent,
49-43 officer or fiduciary of the limited-liability company need not exhibit
49-44 evidence of his authority as a prerequisite to filing. Unless the
50-1 Secretary of State finds that a certificate does not conform to law,
50-2 upon his receipt of all required filing fees he shall file the certificate.
50-3 2. A certificate of amendment or judicial decree of amendment
50-4 is effective upon filing with the Secretary of State or upon a later
50-5 date specified in the certificate or judicial decree, which must not be
50-6 more than 90 days after the certificate or judicial decree is filed.
50-7 3. If a certificate specifies an effective date and if the
50-8 resolution of the members approving the proposed amendment
50-9 provides that one or more managers or, if management is not vested
50-10 in a manager, one or more members may abandon the proposed
50-11 amendment, then those managers or members may terminate the
50-12 effectiveness of the certificate by filing a certificate of termination
50-13 with the Secretary of State that:
50-14 (a) Is filed before the effective date specified in the certificate or
50-15 judicial decree filed pursuant to subsection 1;
50-16 (b) Identifies the certificate being terminated;
50-17 (c) States that, pursuant to the resolution of the members, the
50-18 manager of the company or, if management is not vested in a
50-19 manager, a designated member is authorized to terminate the
50-20 effectiveness of the certificate;
50-21 (d) States that the effectiveness of the certificate has been
50-22 terminated;
50-23 (e) Is signed by a manager of the company or, if management is
50-24 not vested in a manager, a designated member; and
50-25 (f) Is accompanied by a filing fee of [$150.] $225.
50-26 Sec. 114. NRS 86.263 is hereby amended to read as follows:
50-27 86.263 1. A limited-liability company shall, on or before the
50-28 first day of the second month after the filing of its articles of
50-29 organization with the Secretary of State, file with the Secretary of
50-30 State, on a form furnished by him, a list that contains:
50-31 (a) The name of the limited-liability company;
50-32 (b) The file number of the limited-liability company, if known;
50-33 (c) The names and titles of all of its managers or, if there is no
50-34 manager, all of its managing members;
50-35 (d) The mailing or street address, either residence or business, of
50-36 each manager or managing member listed, following the name of
50-37 the manager or managing member;
50-38 (e) The name and street address of the resident agent of the
50-39 limited-liability company; and
50-40 (f) The signature of a manager or managing member of the
50-41 limited-liability company certifying that the list is true, complete
50-42 and accurate.
50-43 2. The limited-liability company shall annually thereafter, on
50-44 or before the last day of the month in which the anniversary date of
50-45 its organization occurs, file with the Secretary of State, on a form
51-1 furnished by him, an amended list containing all of the information
51-2 required in subsection 1. If the limited-liability company has had no
51-3 changes in its managers or, if there is no manager, its managing
51-4 members, since its previous list was filed, no amended list need be
51-5 filed if a manager or managing member of the limited-liability
51-6 company certifies to the Secretary of State as a true and accurate
51-7 statement that no changes in the managers or managing members
51-8 have occurred.
51-9 3. Each list required by subsection 1 and each list or
51-10 certification required by subsection 2 must be accompanied by a
51-11 declaration under penalty of perjury that the limited-liability
51-12 company has complied with the provisions of chapter 364A of NRS.
51-13 4. Upon filing:
51-14 (a) The initial list required by subsection 1, the limited-liability
51-15 company shall pay to the Secretary of State a fee of [$165.] $250.
51-16 (b) Each annual list required by subsection 2 or certifying that
51-17 no changes have occurred, the limited-liability company shall pay to
51-18 the Secretary of State a fee of [$85.] $130.
51-19 5. The Secretary of State shall, 60 days before the last day for
51-20 filing each list required by subsection 2, cause to be mailed to each
51-21 limited-liability company required to comply with the provisions of
51-22 this section, which has not become delinquent, a notice of the fee
51-23 due under subsection 4 and a reminder to file a list required by
51-24 subsection 2 or a certification of no change. Failure of any company
51-25 to receive a notice or form does not excuse it from the penalty
51-26 imposed by law.
51-27 6. If the list to be filed pursuant to the provisions of subsection
51-28 1 or 2 is defective or the fee required by subsection 4 is not paid, the
51-29 Secretary of State may return the list for correction or payment.
51-30 7. An annual list for a limited-liability company not in default
51-31 received by the Secretary of State more than 60 days before its due
51-32 date shall be deemed an amended list for the previous year.
51-33 Sec. 115. NRS 86.272 is hereby amended to read as follows:
51-34 86.272 1. Each limited-liability company required to make a
51-35 filing and pay the fee prescribed in NRS 86.263 which refuses or
51-36 neglects to do so within the time provided is in default.
51-37 2. For default there must be added to the amount of the fee a
51-38 penalty of [$50.] $75. The fee and penalty must be collected as
51-39 provided in this chapter.
51-40 Sec. 116. NRS 86.276 is hereby amended to read as follows:
51-41 86.276 1. Except as otherwise provided in subsections 3 and
51-42 4, the Secretary of State shall reinstate any limited-liability company
51-43 which has forfeited its right to transact business pursuant to the
51-44 provisions of this chapter and restore to the company its right to
52-1 carry on business in this state, and to exercise its privileges and
52-2 immunities, if it:
52-3 (a) Files with the Secretary of State the list required by NRS
52-4 86.263; and
52-5 (b) Pays to the Secretary of State:
52-6 (1) The filing fee and penalty set forth in NRS 86.263 and
52-7 86.272 for each year or portion thereof during which it failed to file
52-8 in a timely manner each required annual list; and
52-9 (2) A fee of [$200] $300 for reinstatement.
52-10 2. When the Secretary of State reinstates the limited-liability
52-11 company, he shall:
52-12 (a) Immediately issue and deliver to the company a certificate of
52-13 reinstatement authorizing it to transact business as if the filing fee
52-14 had been paid when due; and
52-15 (b) Upon demand, issue to the company one or more certified
52-16 copies of the certificate of reinstatement.
52-17 3. The Secretary of State shall not order a reinstatement unless
52-18 all delinquent fees and penalties have been paid, and the revocation
52-19 of the charter occurred only by reason of failure to pay the fees and
52-20 penalties.
52-21 4. If a company’s charter has been revoked pursuant to the
52-22 provisions of this chapter and has remained revoked for a period of
52-23 5 consecutive years, the charter must not be reinstated.
52-24 Sec. 117. NRS 86.561 is hereby amended to read as follows:
52-25 86.561 1. The Secretary of State shall charge and collect for:
52-26 (a) Filing the original articles of organization, or for registration
52-27 of a foreign company, [$175;] $265;
52-28 (b) Amending or restating the articles of organization, amending
52-29 the registration of a foreign company or filing a certificate of
52-30 correction, [$150;] $225;
52-31 (c) Filing the articles of dissolution of a domestic or foreign
52-32 company, [$60;] $90;
52-33 (d) Filing a statement of change of address of a records or
52-34 registered office, or change of the resident agent, [$30;] $45;
52-35 (e) Certifying articles of organization or an amendment to the
52-36 articles, in both cases where a copy is provided, [$20;] $30;
52-37 (f) Certifying an authorized printed copy of this chapter,
52-38 [$20;] $30;
52-39 (g) Reserving a name for a limited-liability company,
52-40 [$20;] $30;
52-41 (h) Filing a certificate of cancellation, [$60;] $90;
52-42 (i) Executing, filing or certifying any other document, [$40;]
52-43 $60; and
52-44 (j) Copies made at the Office of the Secretary of State, [$1]
52-45 $1.50 per page.
53-1 2. The Secretary of State shall charge and collect at the time of
53-2 any service of process on him as agent for service of process of a
53-3 limited-liability company, [$10] $15 which may be recovered as
53-4 taxable costs by the party to the action causing the service to be
53-5 made if the party prevails in the action.
53-6 3. Except as otherwise provided in this section, the fees set
53-7 forth in NRS 78.785 apply to this chapter.
53-8 Sec. 118. NRS 86.568 is hereby amended to read as follows:
53-9 86.568 1. A limited-liability company may correct a
53-10 document filed by the Secretary of State with respect to the limited-
53-11 liability company if the document contains an inaccurate record of a
53-12 company action described in the document or was defectively
53-13 executed, attested, sealed, verified or acknowledged.
53-14 2. To correct a document, the limited-liability company must:
53-15 (a) Prepare a certificate of correction that:
53-16 (1) States the name of the limited-liability company;
53-17 (2) Describes the document, including, without limitation, its
53-18 filing date;
53-19 (3) Specifies the inaccuracy or defect;
53-20 (4) Sets forth the inaccurate or defective portion of the
53-21 document in an accurate or corrected form; and
53-22 (5) Is signed by a manager of the company, or if
53-23 management is not vested in a manager, by a member of the
53-24 company.
53-25 (b) Deliver the certificate to the Secretary of State for filing.
53-26 (c) Pay a filing fee of [$150] $225 to the Secretary of State.
53-27 3. A certificate of correction is effective on the effective date
53-28 of the document it corrects except as to persons relying on the
53-29 uncorrected document and adversely affected by the correction. As
53-30 to those persons, the certificate is effective when filed.
53-31 Sec. 119. NRS 87.440 is hereby amended to read as follows:
53-32 87.440 1. To become a registered limited-liability
53-33 partnership, a partnership shall file with the Secretary of State a
53-34 certificate of registration stating each of the following:
53-35 (a) The name of the partnership.
53-36 (b) The street address of its principal office.
53-37 (c) The name of the person designated as the partnership’s
53-38 resident agent, the street address of the resident agent where process
53-39 may be served upon the partnership and the mailing address of the
53-40 resident agent if it is different than his street address.
53-41 (d) The name and business address of each managing partner in
53-42 this state.
53-43 (e) A brief statement of the professional service rendered by the
53-44 partnership.
54-1 (f) That the partnership thereafter will be a registered limited-
54-2 liability partnership.
54-3 (g) Any other information that the partnership wishes to include.
54-4 2. The certificate of registration must be executed by a majority
54-5 in interest of the partners or by one or more partners authorized to
54-6 execute such a certificate.
54-7 3. The certificate of registration must be accompanied by a fee
54-8 of [$175.] $265.
54-9 4. The Secretary of State shall register as a registered limited-
54-10 liability partnership any partnership that submits a completed
54-11 certificate of registration with the required fee.
54-12 5. The registration of a registered limited-liability partnership
54-13 is effective at the time of the filing of the certificate of registration.
54-14 Sec. 120. NRS 87.460 is hereby amended to read as follows:
54-15 87.460 1. A certificate of registration of a registered limited-
54-16 liability partnership may be amended by filing with the Secretary of
54-17 State a certificate of amendment. The certificate of amendment must
54-18 set forth:
54-19 (a) The name of the registered limited-liability partnership;
54-20 (b) The dates on which the registered limited-liability
54-21 partnership filed its original certificate of registration and any other
54-22 certificates of amendment; and
54-23 (c) The change to the information contained in the original
54-24 certificate of registration or any other certificates of amendment.
54-25 2. The certificate of amendment must be:
54-26 (a) Signed by a managing partner of the registered limited-
54-27 liability partnership; and
54-28 (b) Accompanied by a fee of [$150.] $225.
54-29 Sec. 121. NRS 87.470 is hereby amended to read as follows:
54-30 87.470 The registration of a registered limited-liability
54-31 partnership is effective until:
54-32 1. Its certificate of registration is revoked pursuant to NRS
54-33 87.520; or
54-34 2. The registered limited-liability partnership files with the
54-35 Secretary of State a written notice of withdrawal executed by a
54-36 managing partner. The notice must be accompanied by a fee of
54-37 [$60.] $90.
54-38 Sec. 122. NRS 87.490 is hereby amended to read as follows:
54-39 87.490 1. If a registered limited-liability partnership wishes
54-40 to change the location of its principal office in this state or its
54-41 resident agent, it shall first file with the Secretary of State a
54-42 certificate of change that sets forth:
54-43 (a) The name of the registered limited-liability partnership;
54-44 (b) The street address of its principal office;
55-1 (c) If the location of its principal office will be changed, the
55-2 street address of its new principal office;
55-3 (d) The name of its resident agent; and
55-4 (e) If its resident agent will be changed, the name of its new
55-5 resident agent.
55-6 The certificate of acceptance of its new resident agent must
55-7 accompany the certificate of change.
55-8 2. A certificate of change filed pursuant to this section must be:
55-9 (a) Signed by a managing partner of the registered limited-
55-10 liability partnership; and
55-11 (b) Accompanied by a fee of [$30.] $45.
55-12 Sec. 123. NRS 87.510 is hereby amended to read as follows:
55-13 87.510 1. A registered limited-liability partnership shall, on
55-14 or before the first day of the second month after the filing of its
55-15 certificate of registration with the Secretary of State, and annually
55-16 thereafter on or before the last day of the month in which the
55-17 anniversary date of the filing of its certificate of registration with the
55-18 Secretary of State occurs, file with the Secretary of State, on a form
55-19 furnished by him, a list that contains:
55-20 (a) The name of the registered limited-liability partnership;
55-21 (b) The file number of the registered limited-liability
55-22 partnership, if known;
55-23 (c) The names of all of its managing partners;
55-24 (d) The mailing or street address, either residence or business, of
55-25 each managing partner;
55-26 (e) The name and street address of the resident agent of the
55-27 registered limited-liability partnership; and
55-28 (f) The signature of a managing partner of the registered limited-
55-29 liability partnership certifying that the list is true, complete and
55-30 accurate.
55-31 Each list filed pursuant to this subsection must be accompanied by a
55-32 declaration under penalty of perjury that the registered limited-
55-33 liability partnership has complied with the provisions of chapter
55-34 364A of NRS.
55-35 2. Upon filing:
55-36 (a) The initial list required by subsection 1, the registered
55-37 limited-liability partnership shall pay to the Secretary of State a fee
55-38 of [$165.] $250.
55-39 (b) Each annual list required by subsection 1, the registered
55-40 limited-liability partnership shall pay to the Secretary of State a fee
55-41 of [$85.] $130.
55-42 3. The Secretary of State shall, at least 60 days before the last
55-43 day for filing each annual list required by subsection 1, cause to be
55-44 mailed to the registered limited-liability partnership a notice of the
55-45 fee due pursuant to subsection 2 and a reminder to file the annual
56-1 list required by subsection 1. The failure of any registered limited-
56-2 liability partnership to receive a notice or form does not excuse it
56-3 from complying with the provisions of this section.
56-4 4. If the list to be filed pursuant to the provisions of subsection
56-5 1 is defective, or the fee required by subsection 2 is not paid, the
56-6 Secretary of State may return the list for correction or payment.
56-7 5. An annual list that is filed by a registered limited-liability
56-8 partnership which is not in default more than 60 days before it is due
56-9 shall be deemed an amended list for the previous year and does not
56-10 satisfy the requirements of subsection 1 for the year to which the
56-11 due date is applicable.
56-12 Sec. 124. NRS 87.520 is hereby amended to read as follows:
56-13 87.520 1. A registered limited-liability partnership that fails
56-14 to comply with the provisions of NRS 87.510 is in default.
56-15 2. Any registered limited-liability partnership that is in default
56-16 pursuant to subsection 1 must, in addition to the fee required to be
56-17 paid pursuant to NRS 87.510, pay a penalty of [$50.] $75.
56-18 3. On or before the 15th day of the third month after the month
56-19 in which the fee required to be paid pursuant to NRS 87.510 is due,
56-20 the Secretary of State shall notify, by certified mail, the resident
56-21 agent of any registered limited-liability partnership that is in default.
56-22 The notice must include the amount of any payment that is due from
56-23 the registered limited-liability partnership.
56-24 4. If a registered limited-liability partnership fails to pay the
56-25 amount that is due, the certificate of registration of the registered
56-26 limited-liability partnership shall be deemed revoked on the first day
56-27 of the ninth month after the month in which the fee required to be
56-28 paid pursuant to NRS 87.510 was due. The Secretary of State shall
56-29 notify a registered limited-liability partnership, by certified mail,
56-30 addressed to its resident agent or, if the registered limited-liability
56-31 partnership does not have a resident agent, to a managing partner,
56-32 that its certificate of registration is revoked and the amount of any
56-33 fees and penalties that are due.
56-34 Sec. 125. NRS 87.530 is hereby amended to read as follows:
56-35 87.530 1. Except as otherwise provided in subsection 3, the
56-36 Secretary of State shall reinstate the certificate of registration of a
56-37 registered limited-liability partnership that is revoked pursuant to
56-38 NRS 87.520 if the registered limited-liability partnership:
56-39 (a) Files with the Secretary of State the information required by
56-40 NRS 87.510; and
56-41 (b) Pays to the Secretary of State:
56-42 (1) The fee required to be paid by that section;
56-43 (2) Any penalty required to be paid pursuant to NRS 87.520;
56-44 and
56-45 (3) A reinstatement fee of [$200.] $300.
57-1 2. Upon reinstatement of a certificate of registration pursuant
57-2 to this section, the Secretary of State shall:
57-3 (a) Deliver to the registered limited-liability partnership a
57-4 certificate of reinstatement authorizing it to transact business
57-5 retroactively from the date the fee required by NRS 87.510 was due;
57-6 and
57-7 (b) Upon request, issue to the registered limited-liability
57-8 partnership one or more certified copies of the certificate of
57-9 reinstatement.
57-10 3. The Secretary of State shall not reinstate the certificate of
57-11 registration of a registered limited-liability partnership if the
57-12 certificate was revoked pursuant to NRS 87.520 at least 5 years
57-13 before the date of the proposed reinstatement.
57-14 Sec. 126. NRS 87.547 is hereby amended to read as follows:
57-15 87.547 1. A limited-liability partnership may correct a
57-16 document filed by the Secretary of State with respect to the limited-
57-17 liability partnership if the document contains an inaccurate record of
57-18 a partnership action described in the document or was defectively
57-19 executed, attested, sealed, verified or acknowledged.
57-20 2. To correct a document, the limited-liability partnership
57-21 must:
57-22 (a) Prepare a certificate of correction that:
57-23 (1) States the name of the limited-liability partnership;
57-24 (2) Describes the document, including, without limitation, its
57-25 filing date;
57-26 (3) Specifies the inaccuracy or defect;
57-27 (4) Sets forth the inaccurate or defective portion of the
57-28 document in an accurate or corrected form; and
57-29 (5) Is signed by a managing partner of the limited-liability
57-30 partnership.
57-31 (b) Deliver the certificate to the Secretary of State for filing.
57-32 (c) Pay a filing fee of [$150] $225 to the Secretary of State.
57-33 3. A certificate of correction is effective on the effective date
57-34 of the document it corrects except as to persons relying on the
57-35 uncorrected document and adversely affected by the correction. As
57-36 to those persons, the certificate is effective when filed.
57-37 Sec. 127. NRS 87.550 is hereby amended to read as follows:
57-38 87.550 In addition to any other fees required by NRS 87.440 to
57-39 87.540, inclusive, and 87.560, the Secretary of State shall charge
57-40 and collect the following fees for services rendered pursuant to
57-41 those sections:
57-42 1. For certifying documents required by NRS 87.440 to 87.540,
57-43 inclusive, and 87.560, [$20] $30 per certification.
57-44 2. For executing a certificate verifying the existence of a
57-45 registered limited-liability partnership, if the registered limited-
58-1 liability partnership has not filed a certificate of amendment,
58-2 [$40.] $60.
58-3 3. For executing a certificate verifying the existence of a
58-4 registered limited-liability partnership, if the registered limited-
58-5 liability partnership has filed a certificate of amendment, [$40.] $60.
58-6 4. For executing, certifying or filing any certificate or
58-7 document not required by NRS 87.440 to 87.540, inclusive, and
58-8 87.560, [$40.] $60.
58-9 5. For any copies made by the Office of the Secretary of State,
58-10 [$1] $1.50 per page.
58-11 6. For examining and provisionally approving any document
58-12 before the document is presented for filing, [$100.] $150.
58-13 Sec. 128. NRS 88.339 is hereby amended to read as follows:
58-14 88.339 1. A limited partnership may correct a document filed
58-15 by the Secretary of State with respect to the limited partnership if
58-16 the document contains an inaccurate record of a partnership action
58-17 described in the document or was defectively executed, attested,
58-18 sealed, verified or acknowledged.
58-19 2. To correct a document, the limited partnership must:
58-20 (a) Prepare a certificate of correction that:
58-21 (1) States the name of the limited partnership;
58-22 (2) Describes the document, including, without limitation, its
58-23 filing date;
58-24 (3) Specifies the inaccuracy or defect;
58-25 (4) Sets forth the inaccurate or defective portion of the
58-26 document in an accurate or corrected form; and
58-27 (5) Is signed by a general partner of the limited partnership.
58-28 (b) Deliver the certificate to the Secretary of State for filing.
58-29 (c) Pay a filing fee of [$150] $225 to the Secretary of State.
58-30 3. A certificate of correction is effective on the effective date
58-31 of the document it corrects except as to persons relying on the
58-32 uncorrected document and adversely affected by the correction. As
58-33 to those persons, the certificate is effective when filed.
58-34 Sec. 129. NRS 88.395 is hereby amended to read as follows:
58-35 88.395 1. A limited partnership shall, on or before the first
58-36 day of the second month after the filing of its certificate of limited
58-37 partnership with the Secretary of State, and annually thereafter on or
58-38 before the last day of the month in which the anniversary date of the
58-39 filing of its certificate of limited partnership occurs, file with the
58-40 Secretary of State, on a form furnished by him, a list that contains:
58-41 (a) The name of the limited partnership;
58-42 (b) The file number of the limited partnership, if known;
58-43 (c) The names of all of its general partners;
58-44 (d) The mailing or street address, either residence or business, of
58-45 each general partner;
59-1 (e) The name and street address of the resident agent of the
59-2 limited partnership; and
59-3 (f) The signature of a general partner of the limited partnership
59-4 certifying that the list is true, complete and accurate.
59-5 Each list filed pursuant to this subsection must be accompanied by a
59-6 declaration under penalty of perjury that the limited partnership has
59-7 complied with the provisions of chapter 364A of NRS.
59-8 2. Upon filing:
59-9 (a) The initial list required by subsection 1, the limited
59-10 partnership shall pay to the Secretary of State a fee of [$165.] $250.
59-11 (b) Each annual list required by subsection 1, the limited
59-12 partnership shall pay to the Secretary of State a fee of [$85.] $130.
59-13 3. The Secretary of State shall, 60 days before the last day for
59-14 filing each annual list required by subsection 1, cause to be mailed
59-15 to each limited partnership required to comply with the provisions
59-16 of this section which has not become delinquent a notice of the fee
59-17 due pursuant to the provisions of subsection 2 and a reminder to file
59-18 the annual list. Failure of any limited partnership to receive a notice
59-19 or form does not excuse it from the penalty imposed by
59-20 NRS 88.400.
59-21 4. If the list to be filed pursuant to the provisions of subsection
59-22 1 is defective or the fee required by subsection 2 is not paid, the
59-23 Secretary of State may return the list for correction or payment.
59-24 5. An annual list for a limited partnership not in default that is
59-25 received by the Secretary of State more than 60 days before its due
59-26 date shall be deemed an amended list for the previous year and does
59-27 not satisfy the requirements of subsection 1 for the year to which the
59-28 due date is applicable.
59-29 6. A filing made pursuant to this section does not satisfy the
59-30 provisions of NRS 88.355 and may not be substituted for filings
59-31 submitted pursuant to NRS 88.355.
59-32 Sec. 130. NRS 88.400 is hereby amended to read as follows:
59-33 88.400 1. If a limited partnership has filed the list in
59-34 compliance with NRS 88.395 and has paid the appropriate fee for
59-35 the filing, the canceled check received by the limited partnership
59-36 constitutes a certificate authorizing it to transact its business within
59-37 this state until the anniversary date of the filing of its certificate of
59-38 limited partnership in the next succeeding calendar year. If the
59-39 limited partnership desires a formal certificate upon its payment of
59-40 the annual fee, its payment must be accompanied by a self-
59-41 addressed, stamped envelope.
59-42 2. Each limited partnership which refuses or neglects to file the
59-43 list and pay the fee within the time provided is in default.
59-44 3. For default there must be added to the amount of the fee a
59-45 penalty of [$50,] $75, and unless the filings are made and the fee
60-1 and penalty are paid on or before the first day of the first
60-2 anniversary of the month following the month in which filing was
60-3 required, the defaulting limited partnership, by reason of its default,
60-4 forfeits its right to transact any business within this state.
60-5 Sec. 131. NRS 88.410 is hereby amended to read as follows:
60-6 88.410 1. Except as otherwise provided in subsections 3 and
60-7 4, the Secretary of State may:
60-8 (a) Reinstate any limited partnership which has forfeited its right
60-9 to transact business; and
60-10 (b) Restore to the limited partnership its right to carry on
60-11 business in this state, and to exercise its privileges and
60-12 immunities,
60-13 upon the filing with the Secretary of State of the list required
60-14 pursuant to NRS 88.395, and upon payment to the Secretary of State
60-15 of the filing fee and penalty set forth in NRS 88.395 and 88.400 for
60-16 each year or portion thereof during which the certificate has been
60-17 revoked, and a fee of [$200] $300 for reinstatement.
60-18 2. When payment is made and the Secretary of State reinstates
60-19 the limited partnership to its former rights, he shall:
60-20 (a) Immediately issue and deliver to the limited partnership a
60-21 certificate of reinstatement authorizing it to transact business as if
60-22 the filing fee had been paid when due; and
60-23 (b) Upon demand, issue to the limited partnership one or more
60-24 certified copies of the certificate of reinstatement.
60-25 3. The Secretary of State shall not order a reinstatement unless
60-26 all delinquent fees and penalties have been paid, and the revocation
60-27 occurred only by reason of failure to pay the fees and penalties.
60-28 4. If a limited partnership’s certificate has been revoked
60-29 pursuant to the provisions of this chapter and has remained revoked
60-30 for a period of 5 years, the certificate must not be reinstated.
60-31 Sec. 132. NRS 88.415 is hereby amended to read as follows:
60-32 88.415 The Secretary of State, for services relating to his
60-33 official duties and the records of his office, shall charge and collect
60-34 the following fees:
60-35 1. For filing a certificate of limited partnership, or for
60-36 registering a foreign limited partnership, [$175.] $265.
60-37 2. For filing a certificate of amendment of limited partnership
60-38 or restated certificate of limited partnership, [$150.] $225.
60-39 3. For filing a certificate of a change of location of the records
60-40 office of a limited partnership or the office of its resident agent, or a
60-41 designation of a new resident agent, [$30.] $45.
60-42 4. For certifying a certificate of limited partnership, an
60-43 amendment to the certificate, or a certificate as amended where a
60-44 copy is provided, [$20] $30 per certification.
61-1 5. For certifying an authorized printed copy of the limited
61-2 partnership law, [$20.] $30.
61-3 6. For reserving a limited partnership name, or for executing,
61-4 filing or certifying any other document, [$20.] $30.
61-5 7. For copies made at the Office of the Secretary of State, [$1]
61-6 $1.50 per page.
61-7 8. For filing a certificate of cancellation of a limited
61-8 partnership, [$60.] $90.
61-9 Except as otherwise provided in this section, the fees set forth in
61-10 NRS 78.785 apply to this chapter.
61-11 Sec. 133. NRS 88A.600 is hereby amended to read as follows:
61-12 88A.600 1. A business trust formed pursuant to this chapter
61-13 shall, on or before the first day of the second month after the filing
61-14 of its certificate of trust with the Secretary of State, and annually
61-15 thereafter on or before the last day of the month in which the
61-16 anniversary date of the filing of its certificate of trust with the
61-17 Secretary of State occurs, file with the Secretary of State, on a form
61-18 furnished by him, a list signed by at least one trustee that contains
61-19 the name and mailing address of its resident agent and at least one
61-20 trustee. Each list filed pursuant to this subsection must be
61-21 accompanied by a declaration under penalty of perjury that the
61-22 business trust has complied with the provisions of chapter 364A of
61-23 NRS.
61-24 2. Upon filing:
61-25 (a) The initial list required by subsection 1, the business trust
61-26 shall pay to the Secretary of State a fee of [$165.] $250.
61-27 (b) Each annual list required by subsection 1, the business trust
61-28 shall pay to the Secretary of State a fee of [$85.] $130.
61-29 3. The Secretary of State shall, 60 days before the last day for
61-30 filing each annual list required by subsection 1, cause to be mailed
61-31 to each business trust which is required to comply with the
61-32 provisions of NRS 88A.600 to 88A.660, inclusive, and which has
61-33 not become delinquent, the blank forms to be completed and filed
61-34 with him. Failure of a business trust to receive the forms does not
61-35 excuse it from the penalty imposed by law.
61-36 4. An annual list for a business trust not in default which is
61-37 received by the Secretary of State more than 60 days before its due
61-38 date shall be deemed an amended list for the previous year.
61-39 Sec. 134. NRS 88A.630 is hereby amended to read as follows:
61-40 88A.630 1. Each business trust required to file the list and
61-41 pay the fee prescribed in NRS 88A.600 to 88A.660, inclusive,
61-42 which refuses or neglects to do so within the time provided shall be
61-43 deemed in default.
62-1 2. For default, there must be added to the amount of the fee a
62-2 penalty of [$50.] $75. The fee and penalty must be collected as
62-3 provided in this chapter.
62-4 Sec. 135. NRS 88A.650 is hereby amended to read as follows:
62-5 88A.650 1. Except as otherwise provided in subsection 3, the
62-6 Secretary of State shall reinstate a business trust which has forfeited
62-7 its right to transact business pursuant to the provisions of this
62-8 chapter and restore to the business trust its right to carry on business
62-9 in this state, and to exercise its privileges and immunities, if it:
62-10 (a) Files with the Secretary of State the list required by NRS
62-11 88A.600; and
62-12 (b) Pays to the Secretary of State:
62-13 (1) The filing fee and penalty set forth in NRS 88A.600 and
62-14 88A.630 for each year or portion thereof during which its certificate
62-15 of trust was revoked; and
62-16 (2) A fee of [$200] $300 for reinstatement.
62-17 2. When the Secretary of State reinstates the business trust, he
62-18 shall:
62-19 (a) Immediately issue and deliver to the business trust a
62-20 certificate of reinstatement authorizing it to transact business as if
62-21 the filing fee had been paid when due; and
62-22 (b) Upon demand, issue to the business trust one or more
62-23 certified copies of the certificate of reinstatement.
62-24 3. The Secretary of State shall not order a reinstatement unless
62-25 all delinquent fees and penalties have been paid, and the revocation
62-26 of the certificate of trust occurred only by reason of the failure to
62-27 file the list or pay the fees and penalties.
62-28 Sec. 136. NRS 88A.900 is hereby amended to read as follows:
62-29 88A.900 The Secretary of State shall charge and collect the
62-30 following fees for:
62-31 1. Filing an original certificate of trust, or for registering a
62-32 foreign business trust, [$175.] $265.
62-33 2. Filing an amendment or restatement, or a combination
62-34 thereof, to a certificate of trust, [$150.] $225.
62-35 3. Filing a certificate of cancellation, [$175.] $265.
62-36 4. Certifying a copy of a certificate of trust or an amendment or
62-37 restatement, or a combination thereof, [$20] $30 per certification.
62-38 5. Certifying an authorized printed copy of this chapter,
62-39 [$20.] $30.
62-40 6. Reserving a name for a business trust, [$20.] $30.
62-41 7. Executing a certificate of existence of a business trust which
62-42 does not list the previous documents relating to it, or a certificate of
62-43 change in the name of a business trust, [$40.] $60.
62-44 8. Executing a certificate of existence of a business trust which
62-45 lists the previous documents relating to it, [$40.] $60.
63-1 9. Filing a statement of change of address of the registered
63-2 office for each business trust, [$30.] $45.
63-3 10. Filing a statement of change of the registered agent,
63-4 [$30.] $45.
63-5 11. Executing, certifying or filing any certificate or document
63-6 not otherwise provided for in this section, [$40.] $60.
63-7 12. Examining and provisionally approving a document before
63-8 the document is presented for filing, [$100.] $150.
63-9 13. Copying a document on file with him, for each page, [$1.]
63-10 $1.50.
63-11 Sec. 137. NRS 88A.930 is hereby amended to read as follows:
63-12 88A.930 1. A business trust may correct a document filed by
63-13 the Secretary of State with respect to the business trust if the
63-14 document contains an inaccurate record of a trust action described in
63-15 the document or was defectively executed, attested, sealed, verified
63-16 or acknowledged.
63-17 2. To correct a document, the business trust must:
63-18 (a) Prepare a certificate of correction that:
63-19 (1) States the name of the business trust;
63-20 (2) Describes the document, including, without limitation, its
63-21 filing date;
63-22 (3) Specifies the inaccuracy or defect;
63-23 (4) Sets forth the inaccurate or defective portion of the
63-24 document in an accurate or corrected form; and
63-25 (5) Is signed by a trustee of the business trust.
63-26 (b) Deliver the certificate to the Secretary of State for filing.
63-27 (c) Pay a filing fee of [$150] $225 to the Secretary of State.
63-28 3. A certificate of correction is effective on the effective date
63-29 of the document it corrects except as to persons relying on the
63-30 uncorrected document and adversely affected by the correction. As
63-31 to those persons, the certificate is effective when filed.
63-32 Sec. 138. NRS 89.210 is hereby amended to read as follows:
63-33 89.210 1. Within 30 days after the organization of a
63-34 professional association under this chapter, the association shall file
63-35 with the Secretary of State a copy of the articles of association, duly
63-36 executed, and shall pay at that time a filing fee of [$175.] $265. Any
63-37 such association formed as a common-law association before July 1,
63-38 1969, shall file, within 30 days after July 1, 1969, a certified copy of
63-39 its articles of association, with any amendments thereto, with the
63-40 Secretary of State, and shall pay at that time a filing fee of $25. A
63-41 copy of any amendments to the articles of association adopted after
63-42 July 1, 1969, must also be filed with the Secretary of State within 30
63-43 days after the adoption of such amendments. Each copy of
63-44 amendments so filed must be certified as true and correct and be
63-45 accompanied by a filing fee of [$150.] $225.
64-1 2. The name of such a professional association must contain
64-2 the words “Professional Association,” “Professional Organization”
64-3 or the abbreviations “Prof. Ass’n” or “Prof. Org.” The association
64-4 may render professional services and exercise its authorized powers
64-5 under a fictitious name if the association has first registered the
64-6 name in the manner required under chapter 602 of NRS.
64-7 Sec. 139. NRS 89.250 is hereby amended to read as follows:
64-8 89.250 1. Except as otherwise provided in subsection 2, a
64-9 professional association shall, on or before the first day of the
64-10 second month after the filing of its articles of association with the
64-11 Secretary of State, and annually thereafter on or before the last day
64-12 of the month in which the anniversary date of its organization occurs
64-13 in each year, furnish a statement to the Secretary of State showing
64-14 the names and residence addresses of all members and employees in
64-15 the association and certifying that all members and employees are
64-16 licensed to render professional service in this state.
64-17 2. A professional association organized and practicing pursuant
64-18 to the provisions of this chapter and NRS 623.349 shall, on or
64-19 before the first day of the second month after the filing of its articles
64-20 of association with the Secretary of State, and annually thereafter on
64-21 or before the last day of the month in which the anniversary date of
64-22 its organization occurs in each year, furnish a statement to the
64-23 Secretary of State:
64-24 (a) Showing the names and residence addresses of all members
64-25 and employees of the association who are licensed or otherwise
64-26 authorized by law to render professional service in this state;
64-27 (b) Certifying that all members and employees who render
64-28 professional service are licensed or otherwise authorized by law to
64-29 render professional service in this state; and
64-30 (c) Certifying that all members who are not licensed to render
64-31 professional service in this state do not render professional service
64-32 on behalf of the association except as authorized by law.
64-33 3. Each statement filed pursuant to this section must be:
64-34 (a) Made on a form prescribed by the Secretary of State and
64-35 must not contain any fiscal or other information except that
64-36 expressly called for by this section.
64-37 (b) Signed by the chief executive officer of the association.
64-38 (c) Accompanied by a declaration under penalty of perjury that
64-39 the professional association has complied with the provisions of
64-40 chapter 364A of NRS.
64-41 4. Upon filing:
64-42 (a) The initial statement required by this section, the association
64-43 shall pay to the Secretary of State a fee of [$165.] $250.
64-44 (b) Each annual statement required by this section, the
64-45 association shall pay to the Secretary of State a fee of [$85.] $130.
65-1 5. As used in this section, “signed” means to have executed or
65-2 adopted a name, word or mark, including, without limitation, an
65-3 electronic signature as defined in NRS 719.100, with the present
65-4 intention to authenticate a document.
65-5 Sec. 140. NRS 89.252 is hereby amended to read as follows:
65-6 89.252 1. Each professional association that is required to
65-7 make a filing and pay the fee prescribed in NRS 89.250 but refuses
65-8 to do so within the time provided is in default.
65-9 2. For default, there must be added to the amount of the fee a
65-10 penalty of [$50.] $75. The fee and penalty must be collected as
65-11 provided in this chapter.
65-12 Sec. 141. NRS 89.256 is hereby amended to read as follows:
65-13 89.256 1. Except as otherwise provided in subsections 3 and
65-14 4, the Secretary of State shall reinstate any professional association
65-15 which has forfeited its right to transact business under the provisions
65-16 of this chapter and restore the right to carry on business in this state
65-17 and exercise its privileges and immunities if it:
65-18 (a) Files with the Secretary of State the statement and
65-19 certification required by NRS 89.250; and
65-20 (b) Pays to the Secretary of State:
65-21 (1) The filing fee and penalty set forth in NRS 89.250 and
65-22 89.252 for each year or portion thereof during which the articles of
65-23 association have been revoked; and
65-24 (2) A fee of [$200] $300 for reinstatement.
65-25 2. When the Secretary of State reinstates the association to its
65-26 former rights, he shall:
65-27 (a) Immediately issue and deliver to the association a certificate
65-28 of reinstatement authorizing it to transact business, as if the fees had
65-29 been paid when due; and
65-30 (b) Upon demand, issue to the association a certified copy of the
65-31 certificate of reinstatement.
65-32 3. The Secretary of State shall not order a reinstatement unless
65-33 all delinquent fees and penalties have been paid, and the revocation
65-34 of the association’s articles of association occurred only by reason
65-35 of its failure to pay the fees and penalties.
65-36 4. If the articles of association of a professional association
65-37 have been revoked pursuant to the provisions of this chapter and
65-38 have remained revoked for 10 consecutive years, the articles must
65-39 not be reinstated.
65-40 Sec. 142. NRS 90.360 is hereby amended to read as follows:
65-41 90.360 1. An applicant for licensing shall pay a
65-42 nonrefundable licensing fee, due annually in the following amounts:
65-43 (a) Broker-dealer, [$150.] $225.
65-44 (b) Sales representative, [$55.] $85.
65-45 (c) Investment adviser, [$150.] $225.
66-1 (d) Representative of an investment adviser, [$55.] $85.
66-2 2. The Administrator by regulation may require licensing of
66-3 branch offices and impose a fee for the licensing and an annual fee.
66-4 3. For the purpose of this section, a “branch office” means any
66-5 place of business in this state other than the principal office in the
66-6 state of the broker-dealer, from which one or more sales
66-7 representatives transact business.
66-8 Sec. 143. NRS 90.380 is hereby amended to read as follows:
66-9 90.380 1. Unless a proceeding under NRS 90.420 has been
66-10 instituted, the license of any broker-dealer, sales representative,
66-11 investment adviser or representative of an investment adviser
66-12 becomes effective 30 days after an application for licensing has
66-13 been filed and is complete, including any amendment, if all
66-14 requirements imposed pursuant to NRS 90.370 and 90.375 have
66-15 been satisfied. An application or amendment is complete when the
66-16 applicant has furnished information responsive to each applicable
66-17 item of the application. The Administrator may authorize an earlier
66-18 effective date of licensing.
66-19 2. The license of a broker-dealer, sales representative,
66-20 investment adviser or representative of an investment adviser is
66-21 effective until terminated by revocation, suspension, expiration or
66-22 withdrawal.
66-23 3. The license of a sales representative is only effective with
66-24 respect to transactions effected on behalf of the broker-dealer or
66-25 issuer for whom the sales representative is licensed.
66-26 4. A person shall not at any one time act as a sales
66-27 representative for more than one broker-dealer or for more than one
66-28 issuer, unless the Administrator by regulation or order authorizes
66-29 multiple licenses.
66-30 5. If a person licensed as a sales representative terminates
66-31 association with a broker-dealer or issuer or ceases to be a sales
66-32 representative, the sales representative and the broker-dealer or
66-33 issuer on whose behalf the sales representative was acting shall
66-34 promptly notify the Administrator.
66-35 6. The Administrator by regulation may authorize one or more
66-36 special classifications of licenses as a broker-dealer, sales
66-37 representative, investment adviser or representative of an investment
66-38 adviser to be issued to applicants subject to limitations and
66-39 conditions on the nature of the activities that may be conducted by
66-40 persons so licensed.
66-41 7. The license of a broker-dealer, sales representative,
66-42 investment adviser or representative of an investment adviser
66-43 expires if:
66-44 (a) The statement required pursuant to NRS 90.375 is not
66-45 submitted when it is due; or
67-1 (b) The annual fee required by NRS 90.360 is not paid when it is
67-2 due.
67-3 8. A license that has expired may be reinstated retroactively if
67-4 the licensed person:
67-5 (a) Submits the statement required pursuant to NRS 90.375; and
67-6 (b) Pays the fee required by NRS 90.360, plus a fee for
67-7 reinstatement in the amount of [$25,] $40,
67-8 within 30 days after the date of expiration. If the license is not
67-9 reinstated within that time, it shall be deemed to have lapsed as of
67-10 the date of expiration, and the licensed person must thereafter
67-11 submit a new application for licensing if he desires to be relicensed.
67-12 Sec. 144. NRS 90.456 is hereby amended to read as follows:
67-13 90.456 1. The Administrator may charge a fee not to exceed
67-14 [.25] 0.4 percent of the total value of each transaction involving the
67-15 purchase, sale or other transfer of a security conducted by a
67-16 securities exchange located in this state.
67-17 2. The Administrator may adopt by regulation or order, and
67-18 shall cause to be published, a table of fees based upon the direct cost
67-19 of regulating the securities exchange.
67-20 Sec. 145. NRS 90.500 is hereby amended to read as follows:
67-21 90.500 1. A registration statement may be filed by the issuer,
67-22 any other person on whose behalf the offering is to be made, or a
67-23 broker-dealer licensed under this chapter.
67-24 2. Except as provided in subsection 3, a person filing a
67-25 registration statement shall pay a filing fee of [one-tenth of 1] 0.15
67-26 percent of the maximum aggregate offering price at which the
67-27 registered securities are to be offered in this state, but not less than
67-28 [$350] $525 or more than [$2,500.] $3,750. If a registration
67-29 statement is withdrawn before the effective date or a pre-effective
67-30 order is entered under NRS 90.510, the Administrator shall retain
67-31 the fee.
67-32 3. An open-end management company, a face amount
67-33 certificate company or a unit investment trust, as defined in the
67-34 Investment Company Act of 1940, may register an indefinite
67-35 amount of securities under a registration statement. The registrant
67-36 shall pay:
67-37 (a) A fee of [$500] $750 at the time of filing; and
67-38 (b) Within 60 days after the registrant’s fiscal year during which
67-39 its statement is effective, a fee of [$2,000,] $3,000, or file a report
67-40 on a form the Administrator adopts, specifying its sale of securities
67-41 to persons in this state during the fiscal year and pay a fee of [one-
67-42 tenth of 1] 0.15 percent of the aggregate sales price of the securities
67-43 sold to persons in this state, but the latter fee must not be less than
67-44 [$350] $525 or more than [$2,500.] $3,750.
68-1 4. Except as otherwise permitted by subsection 3, a statement
68-2 must specify:
68-3 (a) The amount of securities to be offered in this state and the
68-4 states in which a statement or similar document in connection with
68-5 the offering has been or is to be filed; and
68-6 (b) Any adverse order, judgment or decree entered by a
68-7 securities agency or administrator in any state or by a court or the
68-8 Securities and Exchange Commission in connection with the
68-9 offering.
68-10 5. A document filed under this chapter as now or previously in
68-11 effect, within 5 years before the filing of a registration statement,
68-12 may be incorporated by reference in the registration statement if the
68-13 document is currently accurate.
68-14 6. The Administrator by regulation or order may permit the
68-15 omission of an item of information or document from a statement.
68-16 7. In the case of a nonissuer offering, the Administrator may
68-17 not require information under subsection 13 or NRS 90.510 [or
68-18 subsection 13 of this section] unless it is known to the person filing
68-19 the registration statement or to the person on whose behalf the
68-20 offering is to be made, or can be furnished by one of them without
68-21 unreasonable effort or expense.
68-22 8. In the case of a registration under NRS 90.480 or 90.490 by
68-23 an issuer who has no public market for its shares and no significant
68-24 earnings from continuing operations during the last 5 years or any
68-25 shorter period of its existence, the Administrator by regulation or
68-26 order may require as a condition of registration that the following
68-27 securities be deposited in escrow for not more than 3 years:
68-28 (a) A security issued to a promoter within the 3 years
68-29 immediately before the offering or to be issued to a promoter for a
68-30 consideration substantially less than the offering price; and
68-31 (b) A security issued to a promoter for a consideration other
68-32 than cash, unless the registrant demonstrates that the value of the
68-33 noncash consideration received in exchange for the security is
68-34 substantially equal to the offering price for the security.
68-35 The Administrator by regulation may determine the conditions of an
68-36 escrow required under this subsection, but the Administrator may
68-37 not reject a depository solely because of location in another state.
68-38 9. The Administrator by regulation may require as a condition
68-39 of registration under NRS 90.480 or 90.490 that the proceeds from
68-40 the sale of the registered security in this state must be impounded
68-41 until the issuer receives a specified amount from the sale of the
68-42 security. The Administrator by regulation or order may determine
68-43 the conditions of an impounding arrangement required under this
68-44 subsection, but the Administrator may not reject a depository solely
68-45 because of its location in another state.
69-1 10. If a security is registered pursuant to NRS 90.470 or
69-2 90.480, the prospectus filed under the Securities Act of 1933 must
69-3 be delivered to each purchaser in accordance with the requirements
69-4 of that act for the delivery of a prospectus.
69-5 11. If a security is registered pursuant to NRS 90.490, an
69-6 offering document containing information the Administrator by
69-7 regulation or order designates must be delivered to each purchaser
69-8 with or before the earliest of:
69-9 (a) The first written offer made to the purchaser by or for the
69-10 account of the issuer or another person on whose behalf the offering
69-11 is being made or by an underwriter or broker-dealer who is offering
69-12 part of an unsold allotment or subscription taken by it as a
69-13 participant in the distribution;
69-14 (b) Confirmation of a sale made by or for the account of a
69-15 person named in paragraph (a);
69-16 (c) Payment pursuant to a sale; or
69-17 (d) Delivery pursuant to a sale.
69-18 12. Except for a registration statement under which an
69-19 indefinite amount of securities are registered as provided in
69-20 subsection 3, a statement remains effective for 1 year after its
69-21 effective date unless the Administrator by regulation extends the
69-22 period of effectiveness. A registration statement under which an
69-23 indefinite amount of securities are registered remains effective until
69-24 60 days after the beginning of the registrant’s next fiscal year
69-25 following the date the statement was filed. All outstanding securities
69-26 of the same class as a registered security are considered to be
69-27 registered for the purpose of a nonissuer transaction while the
69-28 registration statement is effective, unless the Administrator by
69-29 regulation or order provides otherwise. A registration statement may
69-30 not be withdrawn after its effective date if any of the securities
69-31 registered have been sold in this state, unless the Administrator by
69-32 regulation or order provides otherwise. No registration statement is
69-33 effective while an order is in effect under subsection 1 of
69-34 NRS 90.510.
69-35 13. During the period that an offering is being made pursuant
69-36 to an effective registration statement, the Administrator by
69-37 regulation or order may require the person who filed the registration
69-38 statement to file reports, not more often than quarterly, to keep
69-39 reasonably current the information contained in the registration
69-40 statement and to disclose the progress of the offering.
69-41 14. A registration statement filed under NRS 90.470 or 90.480
69-42 may be amended after its effective date to increase the securities
69-43 specified to be offered and sold. The amendment becomes effective
69-44 upon filing of the amendment and payment of an additional filing
69-45 fee of 3 times the fee otherwise payable, calculated in the manner
70-1 specified in subsection 2, with respect to the additional securities to
70-2 be offered and sold. The effectiveness of the amendment relates
70-3 back to the date or dates of sale of the additional securities being
70-4 registered.
70-5 15. A registration statement filed under NRS 90.490 may be
70-6 amended after its effective date to increase the securities specified to
70-7 be offered and sold, if the public offering price and underwriters’
70-8 discounts and commissions are not changed from the respective
70-9 amounts which the Administrator was informed. The amendment
70-10 becomes effective when the Administrator so orders and relates
70-11 back to the date of sale of the additional securities being registered.
70-12 A person filing an amendment shall pay an additional filing fee of 3
70-13 times the fee otherwise payable, calculated in the manner specified
70-14 in subsection 2, with respect to the additional securities to be offered
70-15 and sold.
70-16 Sec. 146. NRS 90.520 is hereby amended to read as follows:
70-17 90.520 1. As used in this section:
70-18 (a) “Guaranteed” means guaranteed as to payment of all or
70-19 substantially all of principal and interest or dividends.
70-20 (b) “Insured” means insured as to payment of all or substantially
70-21 all of principal and interest or dividends.
70-22 2. Except as otherwise provided in subsections 4 and 5, the
70-23 following securities are exempt from NRS 90.460 and 90.560:
70-24 (a) A security, including a revenue obligation, issued, insured or
70-25 guaranteed by the United States, an agency or corporate or other
70-26 instrumentality of the United States, an international agency or
70-27 corporate or other instrumentality of which the United States and
70-28 one or more foreign governments are members, a state, a political
70-29 subdivision of a state, or an agency or corporate or other
70-30 instrumentality of one or more states or their political subdivisions,
70-31 or a certificate of deposit for any of the foregoing, but this
70-32 exemption does not include a security payable solely from revenues
70-33 to be received from an enterprise unless the:
70-34 (1) Payments are insured or guaranteed by the United States,
70-35 an agency or corporate or other instrumentality of the United States,
70-36 an international agency or corporate or other instrumentality of
70-37 which the United States and one or more foreign governments are
70-38 members, a state, a political subdivision of a state, or an agency or
70-39 corporate or other instrumentality of one or more states or their
70-40 political subdivisions, or by a person whose securities are exempt
70-41 from registration pursuant to paragraphs (b) to (e), inclusive, or (g),
70-42 or the revenues from which the payments are to be made are a direct
70-43 obligation of such a person;
70-44 (2) Security is issued by this state or an agency,
70-45 instrumentality or political subdivision of this state; or
71-1 (3) Payments are insured or guaranteed by a person who,
71-2 within the 12 months next preceding the date on which the securities
71-3 are issued, has received a rating within one of the top four rating
71-4 categories of either Moody’s Investors Service, Inc., or Standard
71-5 and Poor’s Ratings Services.
71-6 (b) A security issued, insured or guaranteed by Canada, a
71-7 Canadian province or territory, a political subdivision of Canada or
71-8 of a Canadian province or territory, an agency or corporate or other
71-9 instrumentality of one or more of the foregoing, or any other foreign
71-10 government or governmental combination or entity with which the
71-11 United States maintains diplomatic relations, if the security is
71-12 recognized as a valid obligation by the issuer, insurer or guarantor.
71-13 (c) A security issued by and representing an interest in or a
71-14 direct obligation of a depository institution if the deposit or share
71-15 accounts of the depository institution are insured by the Federal
71-16 Deposit Insurance Corporation, the National Credit Union Share
71-17 Insurance Fund or a successor to an applicable agency authorized by
71-18 federal law.
71-19 (d) A security issued by and representing an interest in or a
71-20 direct obligation of, or insured or guaranteed by, an insurance
71-21 company organized under the laws of any state and authorized to do
71-22 business in this state.
71-23 (e) A security issued or guaranteed by a railroad, other common
71-24 carrier, public utility or holding company that is:
71-25 (1) Subject to the jurisdiction of the Surface Transportation
71-26 Board;
71-27 (2) A registered holding company under the Public Utility
71-28 Holding Company Act of 1935 or a subsidiary of a registered
71-29 holding company within the meaning of that act;
71-30 (3) Regulated in respect to its rates and charges by a
71-31 governmental authority of the United States or a state; or
71-32 (4) Regulated in respect to the issuance or guarantee of the
71-33 security by a governmental authority of the United States, a state,
71-34 Canada, or a Canadian province or territory.
71-35 (f) Equipment trust certificates in respect to equipment leased or
71-36 conditionally sold to a person, if securities issued by the person
71-37 would be exempt pursuant to this section.
71-38 (g) A security listed or approved for listing upon notice of
71-39 issuance on the New York Stock Exchange, the American Stock
71-40 Exchange, the Midwest Stock Exchange, the Pacific Stock
71-41 Exchange or other exchange designated by the Administrator, any
71-42 other security of the same issuer which is of senior or substantially
71-43 equal rank, a security called for by subscription right or warrant so
71-44 listed or approved, or a warrant or right to purchase or subscribe to
71-45 any of the foregoing.
72-1 (h) A security designated or approved for designation upon
72-2 issuance or notice of issuance for inclusion in the national market
72-3 system by the National Association of Securities Dealers, Inc., any
72-4 other security of the same issuer which is of senior or substantially
72-5 equal rank, a security called for by subscription right or warrant so
72-6 designated, or a warrant or a right to purchase or subscribe to any of
72-7 the foregoing.
72-8 (i) An option issued by a clearing agency registered under the
72-9 Securities Exchange Act of 1934, other than an off-exchange futures
72-10 contract or substantially similar arrangement, if the security,
72-11 currency, commodity[,] or other interest underlying the option is:
72-12 (1) Registered under NRS 90.470, 90.480 or 90.490;
72-13 (2) Exempt pursuant to this section; or
72-14 (3) Not otherwise required to be registered under this
72-15 chapter.
72-16 (j) A security issued by a person organized and operated not for
72-17 private profit but exclusively for a religious, educational,
72-18 benevolent, charitable, fraternal, social, athletic or reformatory
72-19 purpose, or as a chamber of commerce , or trade or professional
72-20 association if at least 10 days before the sale of the security the
72-21 issuer has filed with the Administrator a notice setting forth the
72-22 material terms of the proposed sale and copies of any sales and
72-23 advertising literature to be used and the Administrator by order does
72-24 not disallow the exemption within the next 5 full business days.
72-25 (k) A promissory note, draft, bill of exchange or banker’s
72-26 acceptance that evidences an obligation to pay cash within 9 months
72-27 after the date of issuance, exclusive of days of grace, is issued in
72-28 denominations of at least $50,000 and receives a rating in one of the
72-29 three highest rating categories from a nationally recognized
72-30 statistical rating organization, or a renewal of such an obligation that
72-31 is likewise limited, or a guarantee of such an obligation or of a
72-32 renewal.
72-33 (l) A security issued in connection with an employees’ stock
72-34 purchase, savings, option, profit-sharing, pension or similar
72-35 employees’ benefit plan.
72-36 (m) A membership or equity interest in, or a retention certificate
72-37 or like security given in lieu of a cash patronage dividend issued by,
72-38 a cooperative organized and operated as a nonprofit membership
72-39 cooperative under the cooperative laws of any state if not traded to
72-40 the general public.
72-41 (n) A security issued by an issuer registered as an open-end
72-42 management investment company or unit investment trust under
72-43 section 8 of the Investment Company Act of 1940 if:
72-44 (1) The issuer is advised by an investment adviser that is a
72-45 depository institution exempt from registration under the Investment
73-1 Adviser Act of 1940 or that is currently registered as an investment
73-2 adviser, and has been registered, or is affiliated with an adviser that
73-3 has been registered, as an investment adviser under the Investment
73-4 Advisers Act of 1940 for at least 3 years next preceding an offer or
73-5 sale of a security claimed to be exempt pursuant to this paragraph,
73-6 and the issuer has acted, or is affiliated with an investment adviser
73-7 that has acted, as investment adviser to one or more registered
73-8 investment companies or unit investment trusts for at least 3 years
73-9 next preceding an offer or sale of a security claimed to be exempt
73-10 under this paragraph; or
73-11 (2) The issuer has a sponsor that has at all times throughout
73-12 the 3 years before an offer or sale of a security claimed to be exempt
73-13 pursuant to this paragraph sponsored one or more registered
73-14 investment companies or unit investment trusts the aggregate total
73-15 assets of which have exceeded $100,000,000.
73-16 3. For the purpose of paragraph (n) of subsection 2, an
73-17 investment adviser is affiliated with another investment adviser if it
73-18 controls, is controlled by, or is under common control with the other
73-19 investment adviser.
73-20 4. The exemption provided by paragraph (n) of subsection 2 is
73-21 available only if the person claiming the exemption files with the
73-22 Administrator a notice of intention to sell which sets forth the name
73-23 and address of the issuer and the securities to be offered in this state
73-24 and pays a fee [of:
73-25 (a) Two hundred and fifty dollars] :
73-26 (a) Of $375 for the initial claim of exemption and the same
73-27 amount at the beginning of each fiscal year thereafter in which
73-28 securities are to be offered in this state, in the case of an open-end
73-29 management company; or
73-30 (b) [One hundred and fifty dollars] Of $225 for the initial claim
73-31 of exemption in the case of a unit investment trust.
73-32 5. An exemption provided by paragraph (c), (e), (f), (i) or (k)
73-33 of subsection 2 is available only if, within the 12 months
73-34 immediately preceding the use of the exemption, a notice of claim
73-35 of exemption has been filed with the Administrator and a
73-36 nonrefundable fee of [$150] $225 has been paid.
73-37 Sec. 147. NRS 90.530 is hereby amended to read as follows:
73-38 90.530 The following transactions are exempt from NRS
73-39 90.460 and 90.560:
73-40 1. An isolated nonissuer transaction, whether or not effected
73-41 through a broker-dealer.
73-42 2. A nonissuer transaction in an outstanding security if the
73-43 issuer of the security has a class of securities subject to registration
73-44 under section 12 of the Securities Exchange Act of 1934, 15 U.S.C.
73-45 § 781, and has been subject to the reporting requirements of section
74-1 13 or [15(c)] 15(d) of the Securities Exchange Act of 1934, 15
74-2 U.S.C. §§ 78m and 78o(d), for not less than 90 days next preceding
74-3 the transaction, or has filed and maintained with the Administrator
74-4 for not less than 90 days preceding the transaction information, in
74-5 such form as the Administrator, by regulation, specifies,
74-6 substantially comparable to the information the issuer would be
74-7 required to file under section 12(b) or 12(g) of the Securities
74-8 Exchange Act of 1934, 15 U.S.C. §§ 78l(b) and 78l(g), were the
74-9 issuer to have a class of its securities registered under section 12 of
74-10 the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and paid a fee
74-11 of $225 with the filing . [of $150.]
74-12 3. A nonissuer transaction by a sales representative licensed in
74-13 this state, in an outstanding security if:
74-14 (a) The security is sold at a price reasonably related to the
74-15 current market price of the security at the time of the transaction;
74-16 (b) The security does not constitute all or part of an unsold
74-17 allotment to, or subscription or participation by, a broker-dealer as
74-18 an underwriter of the security;
74-19 (c) At the time of the transaction, a recognized securities manual
74-20 designated by the Administrator by regulation or order contains the
74-21 names of the issuer’s officers and directors, a statement of the
74-22 financial condition of the issuer as of a date within the preceding 18
74-23 months, and a statement of income or operations for each of the last
74-24 2 years next preceding the date of the statement of financial
74-25 condition, or for the period as of the date of the statement of
74-26 financial condition if the period of existence is less than 2 years;
74-27 (d) The issuer of the security has not undergone a major
74-28 reorganization, merger or acquisition within the preceding 30 days
74-29 which is not reflected in the information contained in the manual;
74-30 and
74-31 (e) At the time of the transaction, the issuer of the security has a
74-32 class of equity security listed on the New York Stock Exchange,
74-33 American Stock Exchange or other exchange designated by the
74-34 Administrator, or on the National Market System of the National
74-35 Association of Securities Dealers Automated Quotation System. The
74-36 requirements of this paragraph do not apply if:
74-37 (1) The security has been outstanding for at least 180 days;
74-38 (2) The issuer of the security is actually engaged in business
74-39 and is not developing his business, in bankruptcy or in receivership;
74-40 and
74-41 (3) The issuer of the security has been in continuous
74-42 operation for at least 5 years.
74-43 4. A nonissuer transaction in a security that has a fixed
74-44 maturity or a fixed interest or dividend provision if there has been
74-45 no default during the current fiscal year or within the 3 preceding
75-1 years, or during the existence of the issuer, and any predecessors if
75-2 less than 3 years, in the payment of principal, interest or dividends
75-3 on the security.
75-4 5. A nonissuer transaction effected by or through a registered
75-5 broker-dealer pursuant to an unsolicited order or offer to purchase.
75-6 6. A transaction between the issuer or other person on whose
75-7 behalf the offering of a security is made and an underwriter, or a
75-8 transaction among underwriters.
75-9 7. A transaction in a bond or other evidence of indebtedness
75-10 secured by a real estate mortgage, deed of trust, personal property
75-11 security agreement, or by an agreement for the sale of real estate or
75-12 personal property, if the entire mortgage, deed of trust or agreement,
75-13 together with all the bonds or other evidences of indebtedness
75-14 secured thereby, is offered and sold as a unit.
75-15 8. A transaction by an executor, administrator, sheriff, marshal,
75-16 receiver, trustee in bankruptcy, guardian or conservator.
75-17 9. A transaction executed by a bona fide secured party without
75-18 the purpose of evading this chapter.
75-19 10. An offer to sell or sale of a security to a financial or
75-20 institutional investor or to a broker-dealer.
75-21 11. Except as otherwise provided in this subsection, a
75-22 transaction pursuant to an offer to sell securities of an issuer if:
75-23 (a) The transaction is part of an issue in which there are not
75-24 more than 25 purchasers in this state, other than those designated in
75-25 subsection 10, during any 12 consecutive months;
75-26 (b) No general solicitation or general advertising is used in
75-27 connection with the offer to sell or sale of the securities;
75-28 (c) No commission or other similar compensation is paid or
75-29 given, directly or indirectly, to a person, other than a broker-dealer
75-30 licensed or not required to be licensed under this chapter, for
75-31 soliciting a prospective purchaser in this state; and
75-32 (d) One of the following conditions is satisfied:
75-33 (1) The seller reasonably believes that all the purchasers in
75-34 this state, other than those designated in subsection 10, are
75-35 purchasing for investment; or
75-36 (2) Immediately before and immediately after the
75-37 transaction, the issuer reasonably believes that the securities of the
75-38 issuer are held by 50 or fewer beneficial owners, other than those
75-39 designated in subsection 10, and the transaction is part of an
75-40 aggregate offering that does not exceed $500,000 during any 12
75-41 consecutive months.
75-42 The Administrator by rule or order as to a security or transaction or
75-43 a type of security or transaction[,] may withdraw or further
75-44 condition the exemption set forth in this subsection or waive one or
75-45 more of the conditions of the exemption.
76-1 12. An offer to sell or sale of a preorganization certificate or
76-2 subscription if:
76-3 (a) No commission or other similar compensation is paid or
76-4 given, directly or indirectly, for soliciting a prospective subscriber;
76-5 (b) No public advertising or general solicitation is used in
76-6 connection with the offer to sell or sale;
76-7 (c) The number of offers does not exceed 50;
76-8 (d) The number of subscribers does not exceed 10; and
76-9 (e) No payment is made by a subscriber.
76-10 13. An offer to sell or sale of a preorganization certificate or
76-11 subscription issued in connection with the organization of a
76-12 depository institution if that organization is under the supervision of
76-13 an official or agency of a state or of the United States which has and
76-14 exercises the authority to regulate and supervise the organization of
76-15 the depository institution. For the purpose of this subsection, “under
76-16 the supervision of an official or agency” means that the official or
76-17 agency by law has authority to require disclosures to prospective
76-18 investors similar to those required under NRS 90.490, impound
76-19 proceeds from the sale of a preorganization certificate or
76-20 subscription until organization of the depository institution is
76-21 completed, and require refund to investors if the depository
76-22 institution does not obtain a grant of authority from the appropriate
76-23 official or agency.
76-24 14. A transaction pursuant to an offer to sell to existing
76-25 security holders of the issuer, including persons who at the time of
76-26 the transaction are holders of transferable warrants exercisable
76-27 within not more than 90 days after their issuance, convertible
76-28 securities or nontransferable warrants, if:
76-29 (a) No commission or other similar compensation other than a
76-30 standby commission, is paid or given, directly or indirectly, for
76-31 soliciting a security holder in this state; or
76-32 (b) The issuer first files a notice specifying the terms of the offer
76-33 to sell, together with a nonrefundable fee of [$150,] $225, and the
76-34 Administrator does not by order disallow the exemption within the
76-35 next 5 full business days.
76-36 15. A transaction involving an offer to sell, but not a sale, of a
76-37 security not exempt from registration under the Securities Act of
76-38 1933, 15 U.S.C. §§ 77a et seq., if:
76-39 (a) A registration or offering statement or similar document as
76-40 required under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq.,
76-41 has been filed, but is not effective;
76-42 (b) A registration statement, if required, has been filed under
76-43 this chapter, but is not effective; and
76-44 (c) No order denying, suspending or revoking the effectiveness
76-45 of registration, of which the offeror is aware, has been entered by
77-1 the Administrator or the Securities and Exchange Commission, and
77-2 no examination or public proceeding that may culminate in that kind
77-3 of order is known by the offeror to be pending.
77-4 16. A transaction involving an offer to sell, but not a sale, of a
77-5 security exempt from registration under the Securities Act of 1933,
77-6 15 U.S.C. §§ 77a et seq., if:
77-7 (a) A registration statement has been filed under this chapter, but
77-8 is not effective; and
77-9 (b) No order denying, suspending or revoking the effectiveness
77-10 of registration, of which the offeror is aware, has been entered by
77-11 the Administrator and no examination or public proceeding that may
77-12 culminate in that kind of order is known by the offeror to be
77-13 pending.
77-14 17. A transaction involving the distribution of the securities of
77-15 an issuer to the security holders of another person in connection
77-16 with a merger, consolidation, exchange of securities, sale of assets
77-17 or other reorganization to which the issuer, or its parent or
77-18 subsidiary, and the other person, or its parent or subsidiary, are
77-19 parties, if:
77-20 (a) The securities to be distributed are registered under the
77-21 Securities Act of 1933, 15 U.S.C. §§ 77a et seq., before the
77-22 consummation of the transaction; or
77-23 (b) The securities to be distributed are not required to be
77-24 registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et
77-25 seq., written notice of the transaction and a copy of the materials, if
77-26 any, by which approval of the transaction will be solicited, together
77-27 with a nonrefundable fee of [$150,] $225, are given to the
77-28 Administrator at least 10 days before the consummation of
77-29 the transaction and the Administrator does not, by order, disallow
77-30 the exemption within the next 10 days.
77-31 18. A transaction involving the offer to sell or sale of one or
77-32 more promissory notes each of which is directly secured by a first
77-33 lien on a single parcel of real estate, or a transaction involving the
77-34 offer to sell or sale of participation interests in the notes if the notes
77-35 and participation interests are originated by a depository institution
77-36 and are offered and sold subject to the following conditions:
77-37 (a) The minimum aggregate sales price paid by each purchaser
77-38 may not be less than $250,000;
77-39 (b) Each purchaser must pay cash either at the time of the sale or
77-40 within 60 days after the sale; and
77-41 (c) Each purchaser may buy for his own account only.
77-42 19. A transaction involving the offer to sell or sale of one or
77-43 more promissory notes directly secured by a first lien on a single
77-44 parcel of real estate or participating interests in the notes, if the
77-45 notes and interests are originated by a mortgagee approved by the
78-1 Secretary of Housing and Urban Development under sections 203
78-2 and 211 of the National Housing Act, 12 U.S.C. §§ 1709 and 1715b,
78-3 and are offered or sold, subject to the conditions specified in
78-4 subsection 18, to a depository institution or insurance company, the
78-5 Federal Home Loan Mortgage Corporation, the Federal National
78-6 Mortgage Association or the Government National Mortgage
78-7 Association.
78-8 20. A transaction between any of the persons described in
78-9 subsection 19 involving a nonassignable contract to buy or sell the
78-10 securities described in subsection 18 if the contract is to be
78-11 completed within 2 years and if:
78-12 (a) The seller of the securities pursuant to the contract is one of
78-13 the parties described in subsection 18 or 19 who may originate
78-14 securities;
78-15 (b) The purchaser of securities pursuant to a contract is any
78-16 other person described in subsection 19; and
78-17 (c) The conditions described in subsection 18 are fulfilled.
78-18 21. A transaction involving one or more promissory notes
78-19 secured by a lien on real estate, or participating interests in those
78-20 notes, by:
78-21 (a) A mortgage company licensed pursuant to chapter 645E of
78-22 NRS to engage in those transactions; or
78-23 (b) A mortgage broker licensed pursuant to chapter 645B of
78-24 NRS to engage in those transactions.
78-25 Sec. 148. NRS 90.540 is hereby amended to read as follows:
78-26 90.540 The Administrator by regulation or order may:
78-27 1. Exempt any other security or transaction or class of
78-28 securities or transactions from NRS 90.460 and 90.560.
78-29 2. Adopt a transactional exemption for limited offerings that
78-30 will further the objectives of compatibility with the exemptions from
78-31 securities registration authorized by the Securities Act of 1933 and
78-32 uniformity among the states.
78-33 3. Require the filing of a notice and the payment of a fee not
78-34 greater than [$250] $375 for an exemption adopted pursuant to this
78-35 section.
78-36 Sec. 149. NRS 92A.190 is hereby amended to read as follows:
78-37 92A.190 1. One or more foreign entities may merge or enter
78-38 into an exchange of owner’s interests with one or more domestic
78-39 entities if:
78-40 (a) In a merger, the merger is permitted by the law of the
78-41 jurisdiction under whose law each foreign entity is organized and
78-42 governed and each foreign entity complies with that law in effecting
78-43 the merger;
78-44 (b) In an exchange, the entity whose owner’s interests will be
78-45 acquired is a domestic entity, whether or not an exchange of
79-1 owner’s interests is permitted by the law of the jurisdiction under
79-2 whose law the acquiring entity is organized;
79-3 (c) The foreign entity complies with NRS 92A.200 to 92A.240,
79-4 inclusive, if it is the surviving entity in the merger or acquiring
79-5 entity in the exchange and sets forth in the articles of merger or
79-6 exchange its address where copies of process may be sent by the
79-7 Secretary of State; and
79-8 (d) Each domestic entity complies with the applicable provisions
79-9 of NRS 92A.100 to 92A.180, inclusive, and, if it is the surviving
79-10 entity in the merger or acquiring entity in the exchange, with NRS
79-11 92A.200 to 92A.240, inclusive.
79-12 2. When the merger or exchange takes effect, the surviving
79-13 foreign entity in a merger and the acquiring foreign entity in an
79-14 exchange shall be deemed:
79-15 (a) To appoint the Secretary of State as its agent for service of
79-16 process in a proceeding to enforce any obligation or the rights of
79-17 dissenting owners of each domestic entity that was a party to the
79-18 merger or exchange. Service of such process must be made by
79-19 personally delivering to and leaving with the Secretary of State
79-20 duplicate copies of the process and the payment of a fee of [$50]
79-21 $75 for accepting and transmitting the process. The Secretary of
79-22 State shall forthwith send by registered or certified mail one of the
79-23 copies to the surviving or acquiring entity at its specified address,
79-24 unless the surviving or acquiring entity has designated in writing to
79-25 the Secretary of State a different address for that purpose, in which
79-26 case it must be mailed to the last address so designated.
79-27 (b) To agree that it will promptly pay to the dissenting owners of
79-28 each domestic entity that is a party to the merger or exchange the
79-29 amount, if any, to which they are entitled under or created pursuant
79-30 to NRS 92A.300 to 92A.500, inclusive.
79-31 3. This section does not limit the power of a foreign entity to
79-32 acquire all or part of the owner’s interests of one or more classes or
79-33 series of a domestic entity through a voluntary exchange or
79-34 otherwise.
79-35 Sec. 150. NRS 92A.195 is hereby amended to read as follows:
79-36 92A.195 1. One foreign entity or foreign general partnership
79-37 may convert into one domestic entity if:
79-38 (a) The conversion is permitted by the law of the jurisdiction
79-39 governing the foreign entity or foreign general partnership and the
79-40 foreign entity or foreign general partnership complies with that law
79-41 in effecting the conversion;
79-42 (b) The foreign entity or foreign general partnership complies
79-43 with the applicable provisions of NRS 92A.205 and, if it is the
79-44 resulting entity in the conversion, with NRS 92A.210 to 92A.240,
79-45 inclusive; and
80-1 (c) The domestic entity complies with the applicable provisions
80-2 of NRS 92A.105, 92A.120, 92A.135, 92A.140 and 92A.165 and, if
80-3 it is the resulting entity in the conversion, with NRS 92A.205 to
80-4 92A.240, inclusive.
80-5 2. When the conversion takes effect, the resulting foreign entity
80-6 in a conversion shall be deemed to have appointed the Secretary of
80-7 State as its agent for service of process in a proceeding to enforce
80-8 any obligation. Service of process must be made personally by
80-9 delivering to and leaving with the Secretary of State duplicate
80-10 copies of the process and the payment of a fee of [$25] $40 for
80-11 accepting and transmitting the process. The Secretary of State shall
80-12 send one of the copies of the process by registered or certified mail
80-13 to the resulting entity at its specified address, unless the resulting
80-14 entity has designated in writing to the Secretary of State a different
80-15 address for that purpose, in which case it must be mailed to the last
80-16 address so designated.
80-17 Sec. 151. NRS 92A.210 is hereby amended to read as follows:
80-18 92A.210 1. Except as otherwise provided in this section, the
80-19 fee for filing articles of merger, articles of conversion, articles of
80-20 exchange, articles of domestication or articles of termination is
80-21 [$325.] $490. The fee for filing the constituent documents of a
80-22 domestic resulting entity is the fee for filing the constituent
80-23 documents determined by the chapter of NRS governing the
80-24 particular domestic resulting entity.
80-25 2. The fee for filing articles of merger of two or more domestic
80-26 corporations is the difference between the fee computed at the rates
80-27 specified in NRS 78.760 upon the aggregate authorized stock of the
80-28 corporation created by the merger and the fee computed upon the
80-29 aggregate amount of the total authorized stock of the constituent
80-30 corporation.
80-31 3. The fee for filing articles of merger of one or more domestic
80-32 corporations with one or more foreign corporations is the difference
80-33 between the fee computed at the rates specified in NRS 78.760 upon
80-34 the aggregate authorized stock of the corporation created by the
80-35 merger and the fee computed upon the aggregate amount of the total
80-36 authorized stock of the constituent corporations which have paid the
80-37 fees required by NRS 78.760 and 80.050.
80-38 4. The fee for filing articles of merger of two or more domestic
80-39 or foreign corporations must not be less than [$325.] $490. The
80-40 amount paid pursuant to subsection 3 must not exceed [$25,000.]
80-41 $37,500.
80-42 Sec. 152. NRS 104.9525 is hereby amended to read as
80-43 follows:
80-44 104.9525 1. Except as otherwise provided in subsection 5,
80-45 the fee for filing and indexing a record under this part, other than an
81-1 initial financing statement of the kind described in subsection 2 of
81-2 NRS 104.9502, is:
81-3 (a) [Twenty] Thirty dollars if the record is communicated in
81-4 writing and consists of one or two pages;
81-5 (b) [Forty] Sixty dollars if the record is communicated in writing
81-6 and consists of more than two pages, and [$1] $1.50 for each page
81-7 over 20 pages;
81-8 (c) [Ten] Fifteen dollars if the record is communicated by
81-9 another medium authorized by filing-office rule; and
81-10 (d) One dollar and fifty cents for each additional debtor, trade
81-11 name or reference to another name under which business is done.
81-12 2. The filing officer may charge and collect [$1] $1.50 for each
81-13 page of copy or record of filings produced by him at the request of
81-14 any person.
81-15 3. Except as otherwise provided in subsection 5, the fee for
81-16 filing and indexing an initial financing statement of the kind
81-17 described in subsection 3 of NRS 104.9502 is:
81-18 (a) [Forty] Sixty dollars if the financing statement indicates that
81-19 it is filed in connection with a public-finance transaction; and
81-20 (b) [Twenty] Thirty dollars if the financing statement indicates
81-21 that it is filed in connection with a manufactured-home transaction.
81-22 4. The fee for responding to a request for information from the
81-23 filing office, including for issuing a certificate showing whether
81-24 there is on file any financing statement naming a particular debtor,
81-25 is:
81-26 (a) [Twenty] Thirty dollars if the request is communicated in
81-27 writing; and
81-28 (b) [Fifteen] Twenty-five dollars if the request is communicated
81-29 by another medium authorized by filing-office rule.
81-30 5. This section does not require a fee with respect to a
81-31 mortgage that is effective as a financing statement filed as a fixture
81-32 filing or as a financing statement covering as-extracted collateral or
81-33 timber to be cut under subsection 3 of NRS 104.9502. However, the
81-34 fees for recording and satisfaction which otherwise would be
81-35 applicable to the mortgage apply.
81-36 Sec. 153. NRS 105.070 is hereby amended to read as follows:
81-37 105.070 1. The Secretary of State or county recorder shall
81-38 mark any security instrument and any statement of change, merger
81-39 or consolidation presented for filing with the day and hour of filing
81-40 and the file number assigned to it. This mark is, in the absence of
81-41 other evidence, conclusive proof of the time and fact of presentation
81-42 for filing.
81-43 2. The Secretary of State or county recorder shall retain and
81-44 file all security instruments and statements of change, merger or
81-45 consolidation presented for filing.
82-1 3. The uniform fee for filing and indexing a security
82-2 instrument, or a supplement or amendment thereto, and a statement
82-3 of change, merger or consolidation, and for stamping a copy of
82-4 those documents furnished by the secured party or the public utility,
82-5 to show the date and place of filing is [$15] $25 if the document is
82-6 in the standard form prescribed by the Secretary of State and
82-7 otherwise is [$20, plus $1] $30, plus $1.50 for each additional
82-8 debtor or trade name.
82-9 Sec. 154. NRS 105.080 is hereby amended to read as follows:
82-10 105.080 Upon the request of any person, the Secretary of State
82-11 shall issue his certificate showing whether there is on file on the
82-12 date and hour stated therein, any presently effective security
82-13 instrument naming a particular public utility, and if there is, giving
82-14 the date and hour of filing of the instrument and the names and
82-15 addresses of each secured party. The uniform fee for such a
82-16 certificate is [$15] $25 if the request for the certificate is in the
82-17 standard form prescribed by the Secretary of State and otherwise is
82-18 [$20.] $30. Upon request , the Secretary of State or a county
82-19 recorder shall furnish a copy of any filed security instrument upon
82-20 payment of the statutory fee for copies.
82-21 Sec. 155. NRS 108.831 is hereby amended to read as follows:
82-22 108.831 1. If a notice of federal lien, a refiling of a notice of
82-23 federal lien, or a notice of revocation of any certificate described in
82-24 subsection 2 is presented to the filing officer who is:
82-25 (a) The Secretary of State, he shall cause the notice to be
82-26 marked, held and indexed in accordance with the provisions of NRS
82-27 104.9519 as if the notice were a financing statement within the
82-28 meaning of the Uniform Commercial Code.
82-29 (b) Any other officer described in NRS 108.827, he shall
82-30 endorse thereon his identification and the date and time of receipt
82-31 and forthwith file it alphabetically or enter it in an alphabetical
82-32 index showing the name of the person named in the notice and the
82-33 date of receipt.
82-34 2. If a certificate of release, nonattachment, discharge or
82-35 subordination of any federal lien is presented to the Secretary of
82-36 State for filing , he shall:
82-37 (a) Cause a certificate of release or nonattachment to be marked,
82-38 held and indexed as if the certificate were a termination statement
82-39 within the meaning of the Uniform Commercial Code, except that
82-40 the notice of lien to which the certificate relates must not be
82-41 removed from the files; and
82-42 (b) Cause a certificate of discharge or subordination to be held,
82-43 marked and indexed as if the certificate were a release of collateral
82-44 within the meaning of the Uniform Commercial Code.
83-1 3. If a refiled notice of federal lien referred to in subsection 1
83-2 or any of the certificates or notices referred to in subsection 2 is
83-3 presented for filing with any other filing officer specified in NRS
83-4 108.827, he shall enter the refiled notice or the certificate with the
83-5 date of filing in any alphabetical index of liens.
83-6 4. Upon request of any person, the filing officer shall issue his
83-7 certificate showing whether there is on file, on the date and hour
83-8 stated therein, any active notice of lien or certificate or notice
83-9 affecting any lien filed under NRS 108.825 to 108.837, inclusive,
83-10 naming a particular person, and if a notice or certificate is on file,
83-11 giving the date and hour of filing of each notice or certificate. The
83-12 certificate must state that it reveals active liens only. The fee for a
83-13 certificate is [$15] $25 if the statement is in the standard form
83-14 prescribed by the Secretary of State and otherwise is [$20.] $30.
83-15 Upon request , the filing officer shall furnish a copy of any notice of
83-16 federal lien or notice or certificate affecting a federal lien for the
83-17 statutory fee for copies.
83-18 Sec. 156. NRS 119.130 is hereby amended to read as follows:
83-19 119.130 1. No subdivision or lot, parcel, unit or interest in
83-20 any subdivision may in any way be offered or sold in this state by
83-21 any person until:
83-22 (a) He has appointed in writing the Secretary of State to be his
83-23 agent, upon whom all process, in any action or proceeding against
83-24 him, may be served, and in this writing he agrees that any process
83-25 against him which is served on the Secretary of State is of the same
83-26 legal validity as if served on him and that the appointment continues
83-27 in force as long as any liability remains outstanding against him in
83-28 this state. The written appointment must be acknowledged before a
83-29 notary public and must be filed in the Office of the Secretary of
83-30 State with a fee of [$10] $15 for accepting and transmitting any
83-31 legal process served on the Secretary of State. Copies certified by
83-32 the Secretary of State are sufficient evidence of the appointment and
83-33 agreement.
83-34 (b) He has received a license under NRS 119.160.
83-35 2. Service of process authorized by paragraph (a) of subsection
83-36 1 must be made by filing with the Secretary of State:
83-37 (a) Two copies of the legal process. The copies must include a
83-38 specific citation to the provisions of this section. The Secretary of
83-39 State may refuse to accept such service if the proper citation is not
83-40 included in each copy.
83-41 (b) A fee of [$10.] $15.
83-42 The Secretary of State shall forthwith forward one copy of the legal
83-43 process to the licensee, by registered or certified mail prepaid to the
83-44 licensee.
84-1 Sec. 157. NRS 218.53883 is hereby amended to read as
84-2 follows:
84-3 218.53883 1. The committee shall:
84-4 (a) Review the laws relating to the exemptions from and the
84-5 distribution of revenue generated by state and local taxes. In
84-6 conducting the review, the committee [may] :
84-7 (1) May consider the purposes for which the various state
84-8 and local taxes were imposed, the actual use of the revenue
84-9 collected from the various state and local taxes and any relief to the
84-10 taxpayers from the burden of the various state and local taxes that
84-11 may result from any possible recommendations of the committee.
84-12 (2) Shall consider the purposes for which various
84-13 exemptions from those taxes were adopted, whether any of those
84-14 exemptions have become obsolete or no longer serve their
84-15 intended purpose, and whether any of those exemptions should be
84-16 repealed.
84-17 (b) Study whether removing the authority of the board of county
84-18 commissioners of Washoe County to impose a certain additional
84-19 governmental services tax is a prudent act which is in the best
84-20 interests of this state.
84-21 2. In conducting its review of the laws relating to the
84-22 exemptions from and the distribution of revenue generated by state
84-23 and local taxes, the committee may review:
84-24 (a) The exemptions and distribution of the revenue from:
84-25 (1) The local school support tax imposed by chapter 374 of
84-26 NRS;
84-27 (2) The tax on aviation fuel and motor vehicle fuel imposed
84-28 by or pursuant to chapter 365 of NRS;
84-29 (3) The tax on intoxicating liquor imposed by chapter 369 of
84-30 NRS;
84-31 (4) The tax on fuel imposed pursuant to chapter 373 of NRS;
84-32 (5) The tax on tobacco imposed by chapter 370 of NRS;
84-33 (6) The governmental services tax imposed by or pursuant to
84-34 chapter 371 of NRS;
84-35 (7) The tax imposed on gaming licensees by or pursuant to
84-36 chapter 463 of NRS;
84-37 (8) Property taxes imposed pursuant to chapter 361 of NRS;
84-38 (9) The tax on the transfer of real property imposed by or
84-39 pursuant to chapter 375 of NRS; and
84-40 (10) Any other state or local tax.
84-41 (b) The proper crediting of gasoline tax revenue if the collection
84-42 is moved to the terminal rack level.
84-43 3. The committee may:
84-44 (a) Conduct investigations and hold hearings in connection with
84-45 its review and study;
85-1 (b) Contract with one or more consultants to obtain technical
85-2 advice concerning the study conducted pursuant to NRS 218.53884;
85-3 (c) Apply for any available grants and accept any gifts, grants or
85-4 donations and use any such gifts, grants or donations to aid the
85-5 committee in carrying out its duties pursuant to this chapter;
85-6 (d) Direct the Legislative Counsel Bureau to assist in its
85-7 research, investigations, review and study; and
85-8 (e) Recommend to the Legislature, as a result of its review and
85-9 study, any appropriate legislation.
85-10 Sec. 158. NRS 225.140 is hereby amended to read as follows:
85-11 225.140 1. Except as otherwise provided in subsection 2, in
85-12 addition to other fees authorized by law, the Secretary of State shall
85-13 charge and collect the following fees:
85-14 For a copy of any law, joint resolution,
85-15 transcript of record, or other paper on file or
85-16 of record in his office, other than a document
85-17 required to be filed pursuant to title 24 of
85-18 NRS, per page.................... [$1.00] $1.50
85-19 For a copy of any document required to be
85-20 filed pursuant to title 24 of NRS, per page [.50] .75
85-21 For certifying to any such copy and use of the
85-22 State Seal, for each impression[10.00] 15.00
85-23 For each passport or other document signed
85-24 by the Governor and attested by the Secretary
85-25 of State............................... [10.00] 15.00
85-26 For a negotiable instrument returned unpaid [10.00] 15.00
85-27 2. The Secretary of State:
85-28 (a) Shall charge a reasonable fee for searching records and
85-29 documents kept in his office.
85-30 (b) May charge or collect any filing or other fees for services
85-31 rendered by him to the State of Nevada, any local governmental
85-32 agency or agency of the Federal Government, or any officer thereof
85-33 in his official capacity or respecting his office or official duties.
85-34 (c) May not charge or collect a filing or other fee for:
85-35 (1) Attesting extradition papers or executive warrants for
85-36 other states.
85-37 (2) Any commission or appointment issued or made by the
85-38 Governor, either for the use of the State Seal or otherwise.
85-39 (d) May charge a reasonable fee[, not to exceed:
85-40 (1) Five hundred dollars,] of:
85-41 (1) Not more than $750 for providing service within 2 hours
85-42 after the time the service is requested; and
86-1 (2) [One hundred dollars,] Not more than $150 for providing
86-2 any other special service, including, but not limited to, providing
86-3 service more than 2 hours but within 24 hours after the time the
86-4 service is requested, accepting documents filed by facsimile
86-5 machine and other use of new technology.
86-6 (e) Shall charge a fee, not to exceed the actual cost to the
86-7 Secretary of State, for providing:
86-8 (1) A copy of any record kept in his office that is stored on a
86-9 computer or on microfilm if the copy is provided on a tape, disc or
86-10 other medium used for the storage of information by a computer or
86-11 on duplicate film.
86-12 (2) Access to his computer database on which records are
86-13 stored.
86-14 3. From each fee collected pursuant to paragraph (d) of
86-15 subsection 2:
86-16 (a) The entire amount or $50, whichever is less, of the fee
86-17 collected pursuant to subparagraph (1) of that paragraph and [half]
86-18 one-third of the fee collected pursuant to subparagraph (2) of that
86-19 paragraph must be deposited with the State Treasurer for credit to
86-20 the Account for Special Services of the Secretary of State in the
86-21 State General Fund. Any amount remaining in the Account at the
86-22 end of a fiscal year in excess of $2,000,000 must be transferred to
86-23 the State General Fund. Money in the Account may be transferred to
86-24 the Secretary of State’s Operating General Fund Budget Account
86-25 and must only be used to create and maintain the capability of the
86-26 Office of the Secretary of State to provide special services,
86-27 including, but not limited to, providing service:
86-28 (1) On the day it is requested or within 24 hours; or
86-29 (2) Necessary to increase or maintain the efficiency of the
86-30 office.
86-31 Any transfer of money from the Account for Expenditure by the
86-32 Secretary of State must be approved by the Interim Finance
86-33 Committee.
86-34 (b) After deducting the amount required pursuant to paragraph
86-35 (a), the remainder must be deposited with the State Treasurer for
86-36 credit to the State General Fund.
86-37 Sec. 159. NRS 240.030 is hereby amended to read as follows:
86-38 240.030 1. Except as otherwise provided in subsection 4,
86-39 each person applying for appointment as a notary public must:
86-40 (a) At the time he submits his application, pay to the Secretary
86-41 of State [$35.] $55.
86-42 (b) Take and subscribe to the oath set forth in Section 2 of
86-43 Article 15 of the Constitution of the State of Nevada as if he were a
86-44 public officer.
87-1 (c) Enter into a bond to the State of Nevada in the sum of
87-2 $10,000, to be filed with the clerk of the county in which the
87-3 applicant resides or, if the applicant is a resident of an adjoining
87-4 state, with the clerk of the county in this state in which the applicant
87-5 maintains a place of business or is employed. The applicant shall
87-6 submit to the Secretary of State a certificate issued by the
87-7 appropriate county clerk which indicates that the applicant filed the
87-8 bond required pursuant to this paragraph.
87-9 2. In addition to the requirements set forth in subsection 1, an
87-10 applicant for appointment as a notary public, including, without
87-11 limitation, a court reporter, who resides in an adjoining state must
87-12 submit to the Secretary of State with his application:
87-13 (a) An affidavit setting forth the adjoining state in which he
87-14 resides, his mailing address and the address of his place of business
87-15 or employment that is located within the State of Nevada; and
87-16 (b) Unless the applicant is self-employed, an affidavit from his
87-17 employer setting forth the facts that show:
87-18 (1) The employer is licensed to do business in the State of
87-19 Nevada; and
87-20 (2) The employer regularly employs the applicant at an
87-21 office, business or facility which is located within the State of
87-22 Nevada.
87-23 3. In completing an application, bond, oath or other document
87-24 necessary to apply for appointment as a notary public, an applicant
87-25 must not be required to disclose his residential address or telephone
87-26 number on any such document which will become available to the
87-27 public.
87-28 4. A court reporter who has received a certificate of registration
87-29 pursuant to NRS 656.180 may apply for appointment as a notary
87-30 public with limited powers. Such an applicant is not required to
87-31 enter into a bond to obtain the limited power of a notary public to
87-32 administer oaths or affirmations.
87-33 5. If required, the bond, together with the oath, must be filed
87-34 and recorded in the office of the county clerk of the county in which
87-35 the applicant resides when he applies for his appointment or, if the
87-36 applicant is a resident of an adjoining state, with the clerk of the
87-37 county in this state in which the applicant maintains a place of
87-38 business or is employed. On a form provided by the Secretary
87-39 of State, the county clerk shall immediately certify to the Secretary
87-40 of State that the required bond and oath have been filed and
87-41 recorded. Upon receipt of the application, fee and certification that
87-42 the required bond and oath have been filed and recorded, the
87-43 Secretary of State shall issue a certificate of appointment as a notary
87-44 public to the applicant.
88-1 6. Except as otherwise provided in subsection 7, the term of a
88-2 notary public commences on the effective date of the bond required
88-3 pursuant to paragraph (c) of subsection 1. A notary public shall not
88-4 perform a notarial act after the effective date of the bond unless he
88-5 has been issued a certificate of appointment.
88-6 7. The term of a notary public with limited powers commences
88-7 on the date set forth in his certificate of appointment.
88-8 8. Except as otherwise provided in this subsection, the
88-9 Secretary of State shall charge a fee of [$10] $15 for each duplicate
88-10 or amended certificate of appointment which is issued to a notary. If
88-11 the notary public does not receive an original certificate of
88-12 appointment, the Secretary of State shall provide a duplicate
88-13 certificate of appointment without charge if the notary public
88-14 requests such a duplicate within 60 days after the date on which the
88-15 original certificate was issued.
88-16 Sec. 160. NRS 240.033 is hereby amended to read as follows:
88-17 240.033 1. The bond required to be filed pursuant to NRS
88-18 240.030 must be executed by the person applying to become a
88-19 notary public as principal and by a surety company qualified and
88-20 authorized to do business in this state. The bond must be made
88-21 payable to the State of Nevada and be conditioned to provide
88-22 indemnification to a person determined to have suffered damage as
88-23 a result of an act by the notary public which violates a provision of
88-24 NRS 240.001 to 240.169, inclusive. The surety company shall pay a
88-25 final, nonappealable judgment of a court of this state that has
88-26 jurisdiction, upon receipt of written notice of final judgment. The
88-27 bond may be continuous but, regardless of the duration of the bond,
88-28 the aggregate liability of the surety does not exceed the penal sum of
88-29 the bond.
88-30 2. If the penal sum of the bond is exhausted, the surety
88-31 company shall notify the Secretary of State in writing within 30
88-32 days after its exhaustion.
88-33 3. The surety bond must cover the period of the appointment of
88-34 the notary public, except when a surety is released.
88-35 4. A surety on a bond filed pursuant to NRS 240.030 may be
88-36 released after the surety gives 30 days’ written notice to the
88-37 Secretary of State and notary public, but the release does not
88-38 discharge or otherwise affect a claim filed by a person for damage
88-39 resulting from an act of the notary public which is alleged to have
88-40 occurred while the bond was in effect.
88-41 5. The appointment of a notary public is suspended by
88-42 operation of law when the notary public is no longer covered by a
88-43 surety bond as required by this section and NRS 240.030 or the
88-44 penal sum of the bond is exhausted. If the Secretary of State
88-45 receives notice pursuant to subsection 4 that the bond will be
89-1 released or pursuant to subsection 2 that the penal sum of the bond
89-2 is exhausted, the Secretary shall immediately notify the notary
89-3 public in writing that his appointment will be suspended by
89-4 operation of law until another surety bond is filed in the same
89-5 manner and amount as the bond being terminated.
89-6 6. The Secretary of State may reinstate the appointment of a
89-7 notary public whose appointment has been suspended pursuant to
89-8 subsection 5, if the notary public, before his current term of
89-9 appointment expires:
89-10 (a) Submits to the Secretary of State:
89-11 (1) An application for an amended certificate of appointment
89-12 as a notary public; and
89-13 (2) A certificate issued by the clerk of the county in which
89-14 the applicant resides or, if the applicant is a resident of an adjoining
89-15 state, the county in this state in which the applicant maintains a
89-16 place of business or is employed, which indicates that the applicant
89-17 filed a new surety bond with the clerk.
89-18 (b) Pays to the Secretary of State a fee of [$10.] $15.
89-19 Sec. 161. NRS 240.036 is hereby amended to read as follows:
89-20 240.036 1. If, at any time during his appointment, a notary
89-21 public changes his mailing address, county of residence or signature
89-22 or, if he is a resident of an adjoining state, changes his place of
89-23 business or employment, he shall submit to the Secretary of State a
89-24 request for an amended certificate of appointment on a form
89-25 provided by the Secretary of State. The request must:
89-26 (a) Include the new information;
89-27 (b) Be submitted within 30 days after making that change; and
89-28 (c) Be accompanied by a fee of [$10.] $15.
89-29 2. The Secretary of State may suspend the appointment of a
89-30 notary public who fails to provide to the Secretary of State notice of
89-31 a change in any of the information specified in subsection 1.
89-32 3. If a notary public changes his name during his appointment
89-33 and he intends to use his new name in the performance of his
89-34 notarial duties, he shall submit to the Secretary of State a request for
89-35 an amended certificate of appointment on a form provided by the
89-36 Secretary of State. The request must:
89-37 (a) Include his new name and signature and his address;
89-38 (b) Be submitted within 30 days after making the change; and
89-39 (c) Be accompanied by a fee of [$10.] $15.
89-40 4. Upon receipt of a request for an amended certificate of
89-41 appointment and the appropriate fee, the Secretary of State shall
89-42 issue an amended certificate of appointment.
89-43 5. When the notary public receives the amended certificate of
89-44 appointment, he shall:
90-1 (a) Destroy his notary’s stamp and obtain a new notary’s stamp
90-2 which includes the information on the amended certificate.
90-3 (b) Notify the surety company which issued his bond of the
90-4 changes.
90-5 Sec. 162. NRS 240.045 is hereby amended to read as follows:
90-6 240.045 1. If the stamp of a notary public is lost, the notary
90-7 public shall, within 10 days after the stamp is lost, submit to the
90-8 Secretary of State a request for an amended certificate of
90-9 appointment, on a form provided by the Secretary of State, and
90-10 obtain a new stamp in accordance with NRS 240.036. The request
90-11 must be accompanied by a fee of [$10.] $15.
90-12 2. If the stamp is destroyed, broken, damaged or otherwise
90-13 rendered inoperable, the notary public shall immediately notify the
90-14 Secretary of State of that fact and obtain a new stamp.
90-15 3. A person or governmental entity shall not make,
90-16 manufacture or otherwise produce a notary’s stamp unless the
90-17 notary public presents his original or amended certificate of
90-18 appointment or a certified copy of his original or amended
90-19 certificate of appointment to that person or governmental entity.
90-20 Sec. 163. NRS 240.165 is hereby amended to read as follows:
90-21 240.165 1. A notarial act has the same effect under the law of
90-22 this state as if performed by a notarial officer of this state if
90-23 performed within the jurisdiction of and under authority of a foreign
90-24 nation or its constituent units or a multinational or international
90-25 organization by the following persons:
90-26 (a) A notary public;
90-27 (b) A judge, clerk or deputy clerk of a court of record; or
90-28 (c) A person authorized by the law of that jurisdiction to
90-29 perform notarial acts.
90-30 2. An “apostille” in the form prescribed by the Hague
90-31 Convention of October 5, 1961, conclusively establishes that the
90-32 signature of the notarial officer is genuine and that the officer holds
90-33 the indicated office. The Secretary of State shall, upon request and
90-34 payment of a fee of [$20,] $30, issue an apostille to verify a
90-35 signature of a notarial officer on a document that is kept in the
90-36 records of the Secretary of State unless the document had not been
90-37 notarized in accordance with the provisions of this chapter.
90-38 3. A certificate by an officer of the foreign service or consular
90-39 officer of the United States stationed in the nation under the
90-40 jurisdiction of which the notarial act was performed, or a certificate
90-41 by an officer of the foreign service or consular officer of that nation
90-42 stationed in the United States, conclusively establishes a matter
90-43 relating to the authenticity or validity of the notarial act set forth in
90-44 the certificate.
91-1 4. An official stamp or seal of the person performing the
91-2 notarial act is prima facie evidence that the signature is genuine and
91-3 that the person holds the indicated title.
91-4 5. An official stamp or seal of an officer listed in paragraph (a)
91-5 or (b) of subsection 1 is prima facie evidence that a person with the
91-6 indicated title has authority to perform notarial acts.
91-7 6. If the title of office and indication of authority to perform
91-8 notarial acts appears either in a digest of foreign law or in a list
91-9 customarily used as a source for that information, the authority of an
91-10 officer with that title to perform notarial acts is conclusively
91-11 established.
91-12 Sec. 164. NRS 240.270 is hereby amended to read as follows:
91-13 240.270 1. Each commissioned abstracter, before entering
91-14 upon the acts authorized in NRS 240.240 to 240.330, inclusive, and
91-15 at the time he receives his commission, shall:
91-16 (a) Pay to the Secretary of State the sum of [$10.] $15.
91-17 (b) Take the official oath as prescribed by law, which oath shall
91-18 be endorsed on his commission.
91-19 (c) Enter into a bond to the State of Nevada in the sum of
91-20 $2,000, to be approved by the district judge of the county for which
91-21 the commissioned abstracter may be appointed.
91-22 2. Each commissioned abstracter shall have his commission,
91-23 together with the bond, recorded in the office of the clerk of the
91-24 county for which he has been appointed.
91-25 Sec. 165. Chapter 338 of NRS is hereby amended by adding
91-26 thereto a new section to read as follows:
91-27 A public body shall include in each contract for the
91-28 construction, alteration or repair of any public work, a clause
91-29 requiring each contractor, subcontractor and other person who
91-30 provides labor, equipment, materials, supplies or services for the
91-31 public work to comply with the requirements of all applicable state
91-32 and local laws, including, without limitation, any applicable
91-33 licensing requirements and requirements for the payment of sales
91-34 and use taxes on equipment, materials and supplies provided for
91-35 the public work.
91-36 Sec. 166. NRS 353.1465 is hereby amended to read as
91-37 follows:
91-38 353.1465 1. Upon approval of the State Board of Finance, a
91-39 state agency may enter into contracts with issuers of credit cards or
91-40 debit cards or operators of systems that provide for the electronic
91-41 transfer of money to provide for the acceptance of credit cards, debit
91-42 cards or electronic transfers of money by the agency:
91-43 (a) For the payment of money owed to the agency for taxes,
91-44 interest, penalties or any other obligation; or
91-45 (b) In payment for goods or services.
92-1 2. Before a state agency may enter into a contract pursuant to
92-2 subsection 1, the agency must submit the proposed contract to the
92-3 State Treasurer for his review and transmittal to the State Board of
92-4 Finance.
92-5 3. Except as otherwise provided in subsection 4, if the issuer or
92-6 operator charges the state agency a fee for each use of a credit card
92-7 or debit card or for each electronic transfer of money, the state
92-8 agency may require the cardholder or the person requesting the
92-9 electronic transfer of money to pay a fee, which must not exceed the
92-10 amount charged to the state agency by the issuer or operator.
92-11 4. A state agency that is required to pay a fee charged by the
92-12 issuer or operator for the use of a credit card or debit card or for an
92-13 electronic transfer of money may, pursuant to NRS 353.148, file a
92-14 claim with the Director of the Department of Administration for
92-15 reimbursement of the fees paid to the issuer or operator during the
92-16 immediately preceding quarter.
92-17 5. The Director of the Department of Administration shall
92-18 adopt regulations providing for the submission of payments to
92-19 state agencies pursuant to contracts authorized by this section.
92-20 The regulations must not conflict with a regulation adopted
92-21 pursuant to NRS 360A.020 or section 61 of this act.
92-22 6. As used in this section:
92-23 (a) “Cardholder” means the person or organization named on the
92-24 face of a credit card or debit card to whom or for whose benefit the
92-25 credit card or debit card is issued by an issuer.
92-26 (b) “Credit card” means any instrument or device, whether
92-27 known as a credit card or credit plate, or by any other name, issued
92-28 with or without a fee by an issuer for the use of the cardholder in
92-29 obtaining money, property, goods, services or anything else of value
92-30 on credit.
92-31 (c) “Debit card” means any instrument or device, whether
92-32 known as a debit card or by any other name, issued with or without
92-33 a fee by an issuer for the use of the cardholder in depositing,
92-34 obtaining or transferring funds.
92-35 (d) “Electronic transfer of money” has the meaning ascribed to it
92-36 in NRS 463.01473.
92-37 (e) “Issuer” means a business organization, financial institution
92-38 or authorized agent of a business organization or financial institution
92-39 that issues a credit card or debit card.
92-40 Sec. 167. NRS 354.705 is hereby amended to read as follows:
92-41 354.705 1. As soon as practicable after the Department takes
92-42 over the management of a local government, the Executive Director
92-43 shall:
93-1 (a) Determine the total amount of expenditures necessary to
93-2 allow the local government to perform the basic functions for which
93-3 it was created;
93-4 (b) Determine the amount of revenue reasonably expected to be
93-5 available to the local government; and
93-6 (c) Consider any alternative sources of revenue available to the
93-7 local government.
93-8 2. If the Executive Director determines that the available
93-9 revenue is not sufficient to provide for the payment of required debt
93-10 service and operating expenses, he may submit his findings to the
93-11 Committee who shall review the determinations made by the
93-12 Executive Director. If the Committee determines that additional
93-13 revenue is needed, it shall prepare a recommendation to the Nevada
93-14 Tax Commission as to which one or more of the following
93-15 additional taxes or charges should be imposed by the local
93-16 government:
93-17 (a) The levy of a property tax up to a rate which , when
93-18 combined with all other overlapping rates levied in the State ,
93-19 including, without limitation, any levy imposed by the Legislature
93-20 for the repayment of bonded indebtedness or the operating
93-21 expenses of the State of Nevada and any levy imposed by the board
93-22 of county commissioners pursuant to NRS 387.195, does not
93-23 exceed $4.50 on each $100 of assessed valuation.
93-24 (b) An additional tax on transient lodging at a rate not to exceed
93-25 1 percent of the gross receipts from the rental of transient lodging
93-26 within the boundaries of the local government upon all persons in
93-27 the business of providing lodging. Any such tax must be collected
93-28 and administered in the same manner as all other taxes on transient
93-29 lodging are collected by or for the local government.
93-30 (c) Additional service charges appropriate to the local
93-31 government.
93-32 (d) If the local government is a county or has boundaries that are
93-33 conterminous with the boundaries of the county:
93-34 (1) An additional tax on the gross receipts from the sale or
93-35 use of tangible personal property not to exceed one quarter of 1
93-36 percent throughout the county. The ordinance imposing any such tax
93-37 must include provisions in substance which comply with the
93-38 requirements of subsections 2 to 5, inclusive, of NRS 377A.030.
93-39 (2) An additional governmental services tax of not more than
93-40 1 cent on each $1 of valuation of the vehicle for the privilege of
93-41 operating upon the public streets, roads and highways of the county
93-42 on each vehicle based in the county except those vehicles exempt
93-43 from the governmental services tax imposed pursuant to chapter 371
93-44 of NRS or a vehicle subject to NRS 706.011 to 706.861, inclusive,
93-45 which is engaged in interstate or intercounty operations. As used in
94-1 this subparagraph, “based” has the meaning ascribed to it in
94-2 NRS 482.011.
94-3 3. Upon receipt of the plan from the Committee, a panel
94-4 consisting of three members of the Nevada Tax Commission
94-5 appointed by the Nevada Tax Commission and three members of the
94-6 Committee appointed by the Committee shall hold a public hearing
94-7 at a location within the boundaries of the local government in which
94-8 the severe financial emergency exists after giving public notice of
94-9 the hearing at least 10 days before the date on which the hearing will
94-10 be held. In addition to the public notice, the panel shall give notice
94-11 to the governing body of each local government whose jurisdiction
94-12 overlaps with the jurisdiction of the local government in which the
94-13 severe financial emergency exists.
94-14 4. After the public hearing conducted pursuant to subsection 3,
94-15 the Nevada Tax Commission may adopt the plan as submitted or
94-16 adopt a revised plan. Any plan adopted pursuant to this section must
94-17 include the duration for which any new or increased taxes or charges
94-18 may be collected which must not exceed 5 years.
94-19 5. Upon adoption of the plan by the Nevada Tax Commission,
94-20 the local government in which the severe financial emergency exists
94-21 shall impose or cause to be imposed the additional taxes and charges
94-22 included in the plan for the duration stated in the plan or until the
94-23 severe financial emergency has been determined by the Nevada Tax
94-24 Commission to have ceased to exist.
94-25 6. The allowed revenue from taxes ad valorem determined
94-26 pursuant to NRS 354.59811 does not apply to any additional
94-27 property tax levied pursuant to this section.
94-28 7. If a plan fails to satisfy the expenses of the local government
94-29 to the extent expected, the Committee shall report such failure to:
94-30 (a) The county for consideration of absorption of services; or
94-31 (b) If the local government is a county, to the next regular
94-32 session of the Legislature.
94-33 Sec. 168. NRS 354.723 is hereby amended to read as follows:
94-34 354.723 1. If the Executive Director determines that a severe
94-35 financial emergency which exists in a local government under
94-36 management by the Department is unlikely to cease to exist within 3
94-37 years, he shall determine:
94-38 (a) The amount any tax or mandatory assessment levied by the
94-39 local government must be raised to ensure a balanced budget for the
94-40 local government; and
94-41 (b) The manner in which the services provided by the local
94-42 government must be limited to ensure a balanced budget for the
94-43 local government,
94-44 and submit his findings to the Committee.
95-1 2. The Committee shall review the findings submitted by the
95-2 Executive Director pursuant to subsection 1. If the Committee
95-3 determines that the severe financial emergency which exists in the
95-4 local government is unlikely to cease to exist within 3 years and that
95-5 the findings made by the Executive Director are appropriate, the
95-6 Committee shall submit its recommendation to the Nevada Tax
95-7 Commission. If the Committee determines that the financial
95-8 emergency is likely to cease to exist within 3 years, that decision is
95-9 not subject to review by the Nevada Tax Commission.
95-10 3. The Nevada Tax Commission shall schedule a public
95-11 hearing within 30 days after the Committee submits its
95-12 recommendation. The Nevada Tax Commission shall provide public
95-13 notice of the hearing at least 10 days before the date on which the
95-14 hearing will be held. The Executive Director shall provide copies of
95-15 all documents relevant to the recommendation of the Committee to
95-16 the governing body of the local government in severe financial
95-17 emergency.
95-18 4. If, after the public hearing, the Nevada Tax Commission
95-19 determines that the recommendation of the Committee is
95-20 appropriate, a question must be submitted to the electors of the local
95-21 government at the next primary or general municipal election or
95-22 primary or general state election, as applicable, asking whether the
95-23 local government should be disincorporated or dissolved. If the
95-24 electors of the local government do not approve the disincorporation
95-25 or dissolution of the local government:
95-26 (a) The maximum ad valorem tax levied within the local
95-27 government, if any, must be raised to $5 on each $100 of assessed
95-28 valuation;
95-29 (b) Any other taxes or mandatory assessments levied in the local
95-30 government, notwithstanding any limitation on those taxes or
95-31 assessments provided by statute, must be raised in an amount the
95-32 Nevada Tax Commission determines is necessary to ensure a
95-33 balanced budget for the local government; and
95-34 (c) The services provided by the local government must be
95-35 limited in a manner the Nevada Tax Commission determines
95-36 is necessary to ensure a balanced budget for the local
95-37 government.
95-38 In calculating the rate of tax required by paragraph (a), any levy
95-39 imposed by the Legislature for the repayment of bonded
95-40 indebtedness or the operating expenses of the State of Nevada and
95-41 any levy imposed by the board of county commissioners pursuant
95-42 to NRS 387.195 must not be excluded.
95-43 5. If the electors of the local government approve the
95-44 disincorporation or dissolution of a local government that is:
96-1 (a) Created by another local government, it must be
96-2 disincorporated or dissolved:
96-3 (1) Pursuant to the applicable provisions of law; or
96-4 (2) If there are no specific provisions of law providing for
96-5 the disincorporation or dissolution of the local government, by the
96-6 entity that created the local government. If, at the time of the
96-7 disincorporation or dissolution of the local government pursuant to
96-8 this paragraph, there are any outstanding loans or bonded
96-9 indebtedness of the local government, including, without limitation,
96-10 loans made to the local government by the county in which the local
96-11 government is located, the taxes for the payment of the bonds or
96-12 other indebtedness must continue to be levied and collected in the
96-13 same manner as if the local government had not been
96-14 disincorporated or dissolved until all outstanding indebtedness is
96-15 repaid, but for all other purposes the local government shall be
96-16 deemed disincorporated or dissolved at the time that the entity
96-17 which created the local government disincorporates or dissolves the
96-18 local government. Any other liabilities and any remaining assets
96-19 shall revert to the entity that created the local government which is
96-20 being disincorporated or dissolved.
96-21 (b) Created by a special or local act of the Legislature, it may
96-22 only be disincorporated or dissolved by the Legislature. The
96-23 Executive Director shall submit notification of the vote approving
96-24 the disincorporation or dissolution of the local government to the
96-25 Director of the Legislative Counsel Bureau for transmittal to the
96-26 Legislature. At the first opportunity, the Legislature shall consider
96-27 the question of whether the special or local act will be repealed.
96-28 (c) Created in any other manner, it must be disincorporated or
96-29 dissolved:
96-30 (1) Pursuant to the applicable provisions of law; or
96-31 (2) If there are no specific provisions of law providing for
96-32 the disincorporation or dissolution of the local government, by the
96-33 governing body of that local government. If, at the time of the
96-34 disincorporation or dissolution of the local government pursuant to
96-35 this paragraph, there are any outstanding loans or bonded
96-36 indebtedness of the local government, including, without limitation,
96-37 loans made to the local government by the county or counties in
96-38 which the local government is located, the taxes for the payment of
96-39 the bonds or other indebtedness must continue to be levied and
96-40 collected in the same manner as if the local government had not
96-41 been disincorporated or dissolved until all outstanding indebtedness
96-42 is repaid, but for all other purposes the local government shall be
96-43 deemed disincorporated or dissolved at the time that the governing
96-44 body of the local government disincorporates or dissolves the local
96-45 government. Except as otherwise provided in this subparagraph, any
97-1 other liabilities and any remaining assets of the local government
97-2 shall revert to the board of county commissioners of the county in
97-3 which the local government is located. If the local government is
97-4 located in more than one county, the governing body of the local
97-5 government shall apportion the remaining liabilities and assets
97-6 among the boards of county commissioners of the counties in which
97-7 the local government is located.
97-8 6. Within 10 days after the Nevada Tax Commission makes a
97-9 determination pursuant to subsection 4, the Executive Director shall
97-10 notify:
97-11 (a) The city clerk, if the local government is a city; or
97-12 (b) The county clerk in all other cases,
97-13 and provide the clerk with the amount any tax or mandatory
97-14 assessment levied by the local government must be raised and a
97-15 description of the manner in which the services provided by the
97-16 local government must be limited to ensure a balanced budget for
97-17 the local government.
97-18 7. After the Executive Director notifies the city clerk or the
97-19 county clerk, as applicable, pursuant to subsection 6, the clerk shall
97-20 cause to be published in a newspaper of general circulation that is
97-21 printed in the local government a notice of the election once in each
97-22 calendar week for 2 successive calendar weeks by two weekly
97-23 insertions a week apart, the first publication to be not more than 30
97-24 days nor less than 22 days next preceding the date of the election. If
97-25 no newspaper is printed in the local government, publication of the
97-26 notice of election must be made in a newspaper printed in this state
97-27 and having a general circulation in the local government.
97-28 8. The notice required pursuant to subsection 7 must contain
97-29 the following information:
97-30 (a) That the Nevada Tax Commission has determined that the
97-31 severe financial emergency which exists in the local government is
97-32 unlikely to cease to exist within 3 years;
97-33 (b) That the question of whether the local government should be
97-34 disincorporated or dissolved will be submitted to the electors of the
97-35 local government at the next primary or general municipal election
97-36 or the next primary or general state election, as applicable; and
97-37 (c) That if the electors do not approve the disincorporation or
97-38 dissolution:
97-39 (1) The maximum ad valorem tax levied within the local
97-40 government, if any, will be raised to $5 on each $100 of assessed
97-41 valuation;
97-42 (2) Any taxes or mandatory assessment levied in the local
97-43 government will be raised to ensure a balanced budget for the local
97-44 government and the amount by which those taxes or mandatory
97-45 assessments will be raised; and
98-1 (3) The services the local government provides will be
98-2 limited to ensure a balanced budget for the local government and the
98-3 manner in which those services will be limited.
98-4 9. If any provisions providing generally for the
98-5 disincorporation or dissolution of the local government require that
98-6 the question of disincorporating or dissolving be published or
98-7 submitted to a vote of the electors of the local government, the
98-8 publication required by subsection 3 and the election required by
98-9 subsection 4 satisfy those requirements. If:
98-10 (a) There is any other conflict between the provisions of this
98-11 section and any provisions providing generally for the
98-12 disincorporation or dissolution of a local government; or
98-13 (b) The provisions providing generally for the disincorporation
98-14 or dissolution of a local government provide additional rights to
98-15 protest the disincorporation or dissolution of a local government not
98-16 provided by this section,
98-17 the provisions of this section control a disincorporation or
98-18 dissolution pursuant to this section and any person wishing to
98-19 protest such a disincorporation or dissolution must proceed in
98-20 accordance with the provisions of this section.
98-21 10. As used in this section, “local government” does not
98-22 include a county, a school district or any agency or department of a
98-23 county or city which prepares a budget separate from that of the
98-24 parent political subdivision.
98-25 Sec. 169. NRS 450.760 is hereby amended to read as follows:
98-26 450.760 In a county whose population is less than 400,000:
98-27 1. If, after a hearing, the board of county commissioners
98-28 determines that the dissolution of a hospital district is necessary, the
98-29 board shall by resolution provide for the dissolution of the hospital
98-30 district. On and after the filing of the resolution with the county
98-31 recorder, the hospital district shall be deemed dissolved.
98-32 2. Before dissolving a hospital district pursuant to subsection 1,
98-33 the board of county commissioners shall determine whether the
98-34 proceeds from the taxes currently being levied in the district, if any,
98-35 for the operation of the hospital and the repayment of debt are
98-36 sufficient to repay any outstanding obligations of the hospital
98-37 district within a reasonable period after the dissolution of
98-38 the district. If there are no taxes currently being levied for the
98-39 hospital district or the taxes being levied are not sufficient to repay
98-40 the outstanding obligations of the hospital district within a
98-41 reasonable period after the dissolution of the district, before
98-42 dissolving the district pursuant to subsection 1 the board of county
98-43 commissioners may levy a property tax on all of the taxable
98-44 property in the district that is sufficient, when combined with any
98-45 revenue from taxes currently being levied in the district, to repay the
99-1 outstanding obligations of the hospital district within a reasonable
99-2 period after the dissolution of the district. The allowed revenue from
99-3 taxes ad valorem determined pursuant to NRS 354.59811 does not
99-4 apply to any additional property tax levied pursuant to this
99-5 subsection. If the hospital district is being managed by the
99-6 Department of Taxation pursuant to NRS 354.685 to 354.725,
99-7 inclusive, at the time of dissolution, the rate levied pursuant to this
99-8 subsection must not be included in the total ad valorem tax levy for
99-9 the purposes of the application of the limitation in NRS 361.453, but
99-10 the rate levied , when combined with all other overlapping rates
99-11 levied in the State , including, without limitation, any levy imposed
99-12 by the Legislature for the repayment of bonded indebtedness or the
99-13 operating expenses of the State of Nevada and any levy imposed by
99-14 the board of county commissioners pursuant to NRS 387.195,
99-15 must not exceed $4.50 on each $100 of assessed valuation. The
99-16 board of county commissioners shall discontinue any rate levied
99-17 pursuant to this subsection on a date that will ensure that no taxes
99-18 are collected for this purpose after the outstanding obligations of the
99-19 hospital district have been paid in full.
99-20 3. If, at the time of the dissolution of the hospital district, there
99-21 are any outstanding loans, bonded indebtedness or other obligations
99-22 of the hospital district, including, without limitation, unpaid
99-23 obligations to organizations such as the Public Employees’
99-24 Retirement System, unpaid salaries or unpaid loans made to the
99-25 hospital district by the county, the taxes being levied in the district
99-26 at the time of dissolution must continue to be levied and collected in
99-27 the same manner as if the hospital district had not been dissolved
99-28 until all outstanding obligations of the district have been paid in full,
99-29 but for all other purposes the hospital district shall be
99-30 deemed dissolved from the time the resolution is filed pursuant to
99-31 subsection 1.
99-32 4. If the hospital district is being managed by the Department
99-33 of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the
99-34 time of dissolution, the management ceases upon dissolution, but
99-35 the board of county commissioners shall continue to make such
99-36 financial reports to the Department of Taxation as the Department
99-37 deems necessary until all outstanding obligations of the hospital
99-38 district have been paid in full.
99-39 5. The property of the dissolved hospital district may be
99-40 retained by the board of county commissioners for use as a hospital
99-41 or disposed of in any manner the board deems appropriate. Any
99-42 proceeds of the sale or other transfer of the property of the dissolved
99-43 hospital district and any proceeds from taxes which had been levied
99-44 and received by the hospital district before dissolution, whether
99-45 levied for operating purposes or for the repayment of debt, must be
100-1 used by the board of county commissioners to repay any
100-2 indebtedness of the hospital district.
100-3 Sec. 170. NRS 463.370 is hereby amended to read as follows:
100-4 463.370 1. Except as otherwise provided in NRS 463.373,
100-5 the Commission shall charge and collect from each licensee a
100-6 license fee based upon all the gross revenue of the licensee as
100-7 follows:
100-8 (a) Three and one-quarter percent of all the gross revenue of
100-9 the licensee which does not exceed $50,000 per calendar month;
100-10 (b) Four and one-quarter percent of all the gross revenue of the
100-11 licensee which exceeds $50,000 per calendar month and does not
100-12 exceed $134,000 per calendar month; and
100-13 (c) Six and [one-quarter] one-half percent of all the gross
100-14 revenue of the licensee which exceeds $134,000 per calendar month.
100-15 2. Unless the licensee has been operating for less than a full
100-16 calendar month, the Commission shall charge and collect the fee
100-17 prescribed in subsection 1, based upon the gross revenue for the
100-18 preceding calendar month, on or before the 24th day of the
100-19 following month. Except for the fee based on the first full month of
100-20 operation, the fee is an estimated payment of the license fee for the
100-21 third month following the month whose gross revenue is used as its
100-22 basis.
100-23 3. When a licensee has been operating for less than a full
100-24 calendar month, the Commission shall charge and collect the fee
100-25 prescribed in subsection 1, based on the gross revenue received
100-26 during that month, on or before the 24th day of the following
100-27 calendar month of operation. After the first full calendar month of
100-28 operation, the Commission shall charge and collect the fee based on
100-29 the gross revenue received during that month, on or before the 24th
100-30 day of the following calendar month. The payment of the fee due for
100-31 the first full calendar month of operation must be accompanied by
100-32 the payment of a fee equal to three times the fee for the first full
100-33 calendar month. This additional amount is an estimated payment of
100-34 the license fees for the next 3 calendar months. Thereafter, each
100-35 license fee must be paid in the manner described in subsection 2.
100-36 Any deposit held by the Commission on July 1, 1969, must be
100-37 treated as an advance estimated payment.
100-38 4. All revenue received from any game or gaming device
100-39 which is operated on the premises of a licensee, regardless of
100-40 whether any portion of the revenue is shared with any other person,
100-41 must be attributed to the licensee for the purposes of this section and
100-42 counted as part of the gross revenue of the licensee. Any other
100-43 person, including, without limitation, an operator of an inter-casino
100-44 linked system, who is authorized to receive a share of the revenue
100-45 from any game, gaming device or inter-casino linked system that is
101-1 operated on the premises of a licensee is liable to the licensee for
101-2 that person’s proportionate share of the license fees paid by the
101-3 licensee pursuant to this section and shall remit or credit the full
101-4 proportionate share to the licensee on or before the 24th day of each
101-5 calendar month. The proportionate share of an operator of an inter-
101-6 casino linked system must be based on all compensation and other
101-7 consideration received by the operator of the inter-casino linked
101-8 system, including, without limitation, amounts that accrue to the
101-9 meter of the primary progressive jackpot of the inter-casino linked
101-10 system and amounts that fund the reserves of such a jackpot, subject
101-11 to all appropriate adjustments for deductions, credits, offsets and
101-12 exclusions that the licensee is entitled to take or receive pursuant to
101-13 the provisions of this chapter. A licensee is not liable to any other
101-14 person authorized to receive a share of the licensee’s revenue from
101-15 any game, gaming device or inter-casino linked system that is
101-16 operated on the premises of the licensee for that person’s
101-17 proportionate share of the license fees to be remitted or credited to
101-18 the licensee by that person pursuant to this section.
101-19 5. An operator of an inter-casino linked system shall not enter
101-20 into any agreement or arrangement with a licensee that provides for
101-21 the operator of the inter-casino linked system to be liable to the
101-22 licensee for less than its full proportionate share of the license fees
101-23 paid by the licensee pursuant to this section, whether accomplished
101-24 through a rebate, refund, charge-back or otherwise.
101-25 6. Any person required to pay a fee pursuant to this section
101-26 shall file with the Commission, on or before the 24th day of each
101-27 calendar month, a report showing the amount of all gross revenue
101-28 received during the preceding calendar month. Each report must be
101-29 accompanied by:
101-30 (a) The fee due based on the revenue of the month covered by
101-31 the report; and
101-32 (b) An adjustment for the difference between the estimated fee
101-33 previously paid for the month covered by the report, if any, and
101-34 the fee due for the actual gross revenue earned in that month. If the
101-35 adjustment is less than zero, a credit must be applied to the
101-36 estimated fee due with that report.
101-37 7. If the amount of license fees required to be reported and paid
101-38 pursuant to this section is later determined to be greater or less than
101-39 the amount actually reported and paid, the Commission shall:
101-40 (a) Charge and collect the additional license fees determined to
101-41 be due, with interest thereon until paid; or
101-42 (b) Refund any overpayment to the person entitled thereto
101-43 pursuant to this chapter, with interest thereon.
101-44 Interest pursuant to paragraph (a) must be computed at the rate
101-45 prescribed in NRS 17.130 from the first day of the first month
102-1 following the due date of the additional license fees until paid.
102-2 Interest pursuant to paragraph (b) must be computed at one-half the
102-3 rate prescribed in NRS 17.130 from the first day of the first month
102-4 following the date of overpayment until paid.
102-5 8. Failure to pay the fees provided for in this section shall be
102-6 deemed a surrender of the license at the expiration of the period for
102-7 which the estimated payment of fees has been made, as established
102-8 in subsection 2.
102-9 9. Except as otherwise provided in NRS 463.386, the amount
102-10 of the fee prescribed in subsection 1 must not be prorated.
102-11 10. Except as otherwise provided in NRS 463.386, if a licensee
102-12 ceases operation, the Commission shall:
102-13 (a) Charge and collect the additional license fees determined to
102-14 be due with interest computed pursuant to paragraph (a) of
102-15 subsection 7; or
102-16 (b) Refund any overpayment to the licensee with interest
102-17 computed pursuant to paragraph (b) of subsection 7,
102-18 based upon the gross revenue of the licensee during the last 3
102-19 months immediately preceding the cessation of operation, or
102-20 portions of those last 3 months.
102-21 11. If in any month[,] the amount of gross revenue is less than
102-22 zero, the licensee may offset the loss against gross revenue in
102-23 succeeding months until the loss has been fully offset.
102-24 12. If in any month[,] the amount of the license fee due is less
102-25 than zero, the licensee is entitled to receive a credit against any
102-26 license fees due in succeeding months until the credit has been fully
102-27 offset.
102-28 Sec. 171. NRS 463.373 is hereby amended to read as follows:
102-29 463.373 1. Before issuing a state gaming license to an
102-30 applicant for a restricted operation, the Commission shall charge
102-31 and collect from him for each slot machine for each quarter year:
102-32 (a) A license fee of [$61] $81 for each slot machine if he will
102-33 have at least one but not more than five slot machines.
102-34 (b) A license fee of [$305 plus $106] $405 plus $141 for each
102-35 slot machine in excess of five if he will have at least six but not
102-36 more than 15 slot machines.
102-37 2. The Commission shall charge and collect the fee prescribed
102-38 in subsection 1:
102-39 (a) On or before the last day of the last month in a calendar
102-40 quarter, for the ensuing calendar quarter, from a licensee whose
102-41 operation is continuing.
102-42 (b) In advance from a licensee who begins operation or puts
102-43 additional slot machines into play during a calendar quarter.
102-44 3. Except as otherwise provided in NRS 463.386, no proration
102-45 of the fee prescribed in subsection 1 may be allowed for any reason.
103-1 4. The operator of the location where slot machines are situated
103-2 shall pay the fee prescribed in subsection 1 upon the total number of
103-3 slot machines situated in that location, whether or not the machines
103-4 are owned by one or more licensee-owners.
103-5 Sec. 172. NRS 463.770 is hereby amended to read as follows:
103-6 463.770 1. All gross revenue from operating interactive
103-7 gaming received by an establishment licensed to operate interactive
103-8 gaming, regardless of whether any portion of the revenue is shared
103-9 with another person, must be attributed to the licensee and counted
103-10 as part of the gross revenue of the licensee for the purpose of
103-11 computing the license fee required by NRS 463.370.
103-12 2. A manufacturer of interactive gaming systems who is
103-13 authorized by an agreement to receive a share of the revenue from
103-14 an interactive gaming system from an establishment licensed to
103-15 operate interactive gaming is liable to the establishment for a
103-16 portion of the license fee paid pursuant to subsection 1. The portion
103-17 for which the manufacturer of interactive gaming systems is liable is
103-18 [6.25] 6.5 percent of the amount of revenue to which the
103-19 manufacturer of interactive gaming systems is entitled pursuant to
103-20 the agreement.
103-21 3. For the purposes of subsection 2, the amount of revenue to
103-22 which the manufacturer of interactive gaming systems is entitled
103-23 pursuant to an agreement to share the revenue from an interactive
103-24 gaming system:
103-25 (a) Includes all revenue of the manufacturer of interactive
103-26 gaming systems that is his share of the revenue from the interactive
103-27 gaming system pursuant to the agreement; and
103-28 (b) Does not include revenue that is the fixed purchase price for
103-29 the sale of a component of the interactive gaming system.
103-30 Sec. 173. NRS 597.800 is hereby amended to read as follows:
103-31 597.800 1. The right of publicity established by NRS
103-32 597.790 is freely transferable, in whole or in part, by contract,
103-33 license, gift, conveyance, assignment, devise or testamentary trust
103-34 by a person or his successor in interest.
103-35 2. If a deceased person has not transferred his rights as
103-36 provided by subsection 1, and he has no surviving beneficiary or
103-37 successor in interest upon his death, the commercial use of his
103-38 name, voice, signature, photograph or likeness does not require
103-39 consent.
103-40 3. A successor in interest or a licensee of a deceased person
103-41 may file in the Office of the Secretary of State, on a form prescribed
103-42 by the Secretary of State and upon the payment of a filing fee of
103-43 [$25,] $40, a verified application for registration of his claim. The
103-44 application must include:
103-45 (a) The legal and professional name of the deceased person;
104-1 (b) The date of death of the deceased person;
104-2 (c) The name and address of the claimant;
104-3 (d) The basis of the claim; and
104-4 (e) A description of the rights claimed.
104-5 4. A successor in interest or a licensee of a deceased person
104-6 may not assert any right against any unauthorized commercial use of
104-7 the deceased person’s name, voice, signature, photograph or
104-8 likeness that begins before the filing of an application to register his
104-9 claim.
104-10 5. A person, firm or corporation seeking to use the name,
104-11 voice, signature, photograph or likeness of a deceased person for
104-12 commercial purposes must first make a reasonable effort, in good
104-13 faith, to discover the identity of any person who qualifies as a
104-14 successor in interest to the deceased person. A person claiming to be
104-15 a successor in interest to a deceased person must, within 6 months
104-16 after the date he becomes aware or should reasonably have become
104-17 aware of an unauthorized commercial use of the deceased person’s
104-18 name, voice, signature, photograph or likeness, register a claim with
104-19 the Secretary of State pursuant to subsection 3. Failure to register
104-20 shall be deemed a waiver of any right of publicity.
104-21 6. The Secretary of State may microfilm or reproduce by other
104-22 techniques any document filed pursuant to this section and thereafter
104-23 destroy the original of the document. The microfilm or other
104-24 reproduction is admissible in any court of record. The Secretary of
104-25 State may destroy the microfilm or other reproduction 50 years after
104-26 the death of the person whose identity is the subject of the claim.
104-27 7. A claim registered pursuant to this section is a public record.
104-28 Sec. 174. NRS 599B.210 is hereby amended to read as
104-29 follows:
104-30 599B.210 1. Every registrant, other than a registrant
104-31 incorporated in this state, shall file with the Secretary of State an
104-32 irrevocable consent appointing the Secretary of State as his agent to
104-33 receive service of any lawful process in any action or proceeding
104-34 against him arising pursuant to this chapter. Any lawful process
104-35 against the registrant served upon the Secretary of State as provided
104-36 in subsection 2 has the same force and validity as if served upon the
104-37 registrant personally.
104-38 2. Service of process authorized by subsection 1 must be made
104-39 by filing with the Secretary of State:
104-40 (a) Two copies of the process. The copies must include a
104-41 specific citation to the provisions of this section. The Secretary of
104-42 State may refuse to accept such service if the proper citation is not
104-43 included in each copy.
104-44 (b) A fee of [$10.] $15.
105-1 The Secretary of State shall forthwith forward one copy of the
105-2 process by registered or certified mail prepaid to the registrant[,] or
105-3 , in the case of a registrant organized under the laws of a foreign
105-4 government, to the United States manager or last appointed United
105-5 States general agent of the registrant, giving the day and the hour of
105-6 the service.
105-7 3. Service of process is not complete until the copy thereof has
105-8 been mailed and received by the registrant, and the receipt of the
105-9 addressee is prima facie evidence of the completion of the service.
105-10 4. If service of summons is made upon the Secretary of State in
105-11 accordance with the provisions of this section, the time within which
105-12 the registrant is required to appear is extended 10 days.
105-13 Sec. 175. NRS 600.340 is hereby amended to read as follows:
105-14 600.340 1. A person who has adopted and is using a mark in
105-15 this state may file in the Office of the Secretary of State, on a form
105-16 to be furnished by the Secretary of State, an application for
105-17 registration of that mark setting forth, but not limited to, the
105-18 following information:
105-19 (a) Whether the mark to be registered is a trademark, trade name
105-20 or service mark;
105-21 (b) A description of the mark by name, words displayed in it or
105-22 other information;
105-23 (c) The name and business address of the person applying for
105-24 the registration and, if it is a corporation, limited-liability company,
105-25 limited partnership or registered limited-liability partnership, the
105-26 state of incorporation or organization;
105-27 (d) The specific goods or services in connection with which the
105-28 mark is used and the mode or manner in which the mark is used in
105-29 connection with those goods or services and the class as designated
105-30 by the Secretary of State which includes those goods or services;
105-31 (e) The date when the mark was first used anywhere and the
105-32 date when it was first used in this state by the applicant or his
105-33 predecessor in business which must precede the filing of the
105-34 application; and
105-35 (f) A statement that the applicant is the owner of the mark and
105-36 that no other person has the right to use the mark in this state either
105-37 in the form set forth in the application or in such near resemblance
105-38 to it as might deceive or cause mistake.
105-39 2. The application must:
105-40 (a) Be signed and verified by the applicant or by a member of
105-41 the firm or an officer of the corporation or association applying.
105-42 (b) Be accompanied by a specimen or facsimile of the mark in
105-43 duplicate and by a filing fee of [$100] $150 payable to the Secretary
105-44 of State.
106-1 3. If the application fails to comply with this section or NRS
106-2 600.343, the Secretary of State shall return it for correction.
106-3 Sec. 176. NRS 600.355 is hereby amended to read as follows:
106-4 600.355 1. If any statement in an application for registration
106-5 of a mark was incorrect when made or any arrangements or other
106-6 facts described in the application have changed, making the
106-7 application inaccurate in any respect without materially altering the
106-8 mark, the registrant shall promptly file in the Office of the Secretary
106-9 of State a certificate, signed by the registrant or his successor or by a
106-10 member of the firm or an officer of the corporation or association to
106-11 which the mark is registered, correcting the statement.
106-12 2. Upon the filing of a certificate of amendment or judicial
106-13 decree of amendment and the payment of a filing fee of [$60,] $90,
106-14 the Secretary of State shall issue, in accordance with NRS 600.350,
106-15 an amended certificate of registration for the remainder of the period
106-16 of the registration.
106-17 Sec. 177. NRS 600.360 is hereby amended to read as follows:
106-18 600.360 1. The registration of a mark is effective for 5 years
106-19 from the date of registration and, upon application filed within 6
106-20 months before the expiration of that period, on a form to be
106-21 furnished by the Secretary of State, the registration may be renewed
106-22 for a successive period of 5 years. A renewal fee of [$50,] $75,
106-23 payable to the Secretary of State, must accompany the application
106-24 for renewal of the registration.
106-25 2. The registration of a mark may be renewed for additional
106-26 successive 5-year periods if the requirements of subsection 1 are
106-27 satisfied.
106-28 3. The Secretary of State shall give notice to each registrant
106-29 when his registration is about to expire. The notice must be given
106-30 within the year next preceding the expiration date, by writing to the
106-31 registrant’s last known address.
106-32 4. All applications for renewals must include a statement that
106-33 the mark is still in use in this state.
106-34 Sec. 178. NRS 600.370 is hereby amended to read as follows:
106-35 600.370 1. A mark and its registration are assignable with the
106-36 good will of the business in which the mark is used, or with that part
106-37 of the good will of the business connected with the use of and
106-38 symbolized by the mark. An assignment must:
106-39 (a) Be in writing;
106-40 (b) Be signed and acknowledged by the registrant or his
106-41 successor or a member of the firm or an officer of the corporation or
106-42 association under whose name the mark is registered; and
106-43 (c) Be recorded with the Secretary of State upon the payment of
106-44 a fee of [$100] $150 to the Secretary of State who, upon recording
107-1 the assignment, shall issue in the name of the assignee a certificate
107-2 of assignment for the remainder of the period of the registration.
107-3 2. An assignment of any registration is void as against any
107-4 subsequent purchaser for valuable consideration without notice,
107-5 unless:
107-6 (a) The assignment is recorded with the Secretary of State
107-7 within 3 months after the date of the assignment; or
107-8 (b) The assignment is recorded before the subsequent purchase.
107-9 Sec. 179. NRS 600.395 is hereby amended to read as follows:
107-10 600.395 The fee for filing a cancellation of registration
107-11 pursuant to NRS 600.390 is [$50.] $75.
107-12 Sec. 180. NRS 662.245 is hereby amended to read as follows:
107-13 662.245 1. An organization that does not maintain an office
107-14 in this state to conduct the business of a trust company may be
107-15 appointed to act as fiduciary by any court or by authority of any law
107-16 of this state if, in addition to any other requirements of law, the
107-17 organization:
107-18 (a) Associates as cofiduciary a bank authorized to do business in
107-19 this state or a trust company licensed pursuant to chapter 669 of
107-20 NRS; or
107-21 (b) Is a trust corporation or trust company which:
107-22 (1) Is organized under the laws of and has its principal place
107-23 of business in another state which allows trust corporations or trust
107-24 companies licensed pursuant to chapter 669 of NRS to act as
107-25 fiduciary in that state;
107-26 (2) Is authorized by its charter to act as fiduciary; and
107-27 (3) Before the appointment as fiduciary, files with the
107-28 Secretary of State a document, acknowledged before a notarial
107-29 officer, which:
107-30 (I) Appoints the Secretary of State as its agent upon
107-31 whom all process in any action or proceeding against it may be
107-32 served;
107-33 (II) Contains its agreement that the appointment continues
107-34 in force as long as any liability remains outstanding against it in this
107-35 state, and that any process against it which is served on the
107-36 Secretary of State is of the same legal validity as if served on it
107-37 personally;
107-38 (III) Contains an address to which the Secretary of State
107-39 may mail the process when received; and
107-40 (IV) Is accompanied by a fee of [$10.] $15.
107-41 A copy of the document required by this subparagraph, certified by
107-42 the Secretary of State, is sufficient evidence of the appointment and
107-43 agreement.
107-44 2. A court which has jurisdiction over the accounts of a
107-45 fiduciary that is a trust corporation or trust company described in
108-1 paragraph (b) of subsection 1 may require the fiduciary to provide a
108-2 bond to ensure the performance of its duties as fiduciary, in the
108-3 same manner and to the same extent as the court may require such a
108-4 bond from a fiduciary that is a bank or trust company described in
108-5 paragraph (a) of subsection 1.
108-6 3. Service of process authorized by subparagraph (3) of
108-7 paragraph (b) of subsection 1 must be made by filing with the
108-8 Secretary of State:
108-9 (a) Two copies of the legal process. The copies must include a
108-10 specific citation to the provisions of this section. The Secretary of
108-11 State may refuse to accept such service if the proper citation is not
108-12 included in each copy.
108-13 (b) A fee of [$10.] $15.
108-14 The Secretary of State shall forthwith forward one copy of the legal
108-15 process to the organization, by registered or certified mail prepaid to
108-16 the address provided in the document filed pursuant to subparagraph
108-17 (3) of paragraph (b) of subsection 1.
108-18 4. As used in this section:
108-19 (a) “Fiduciary” means an executor, commissioner, guardian of
108-20 minors or estates, receiver, depositary or trustee.
108-21 (b) “Notarial officer” has the meaning ascribed to it in
108-22 NRS 240.005.
108-23 (c) “State” means any state or territory of the United States, or
108-24 the District of Columbia.
108-25 Sec. 181. NRS 680B.037 is hereby amended to read as
108-26 follows:
108-27 680B.037 [Payment] 1. Except as otherwise provided in
108-28 subsection 2, payment by an insurer of the tax imposed by NRS
108-29 680B.027 is in lieu of all taxes imposed by the State or any city,
108-30 town or county upon premiums or upon income of insurers and of
108-31 franchise, privilege or other taxes measured by income of the
108-32 insurer.
108-33 2. The provisions of subsection 1 do not apply to the tax
108-34 imposed pursuant to the provisions of sections 2 to 33, inclusive,
108-35 of this act.
108-36 Sec. 182. NRS 694C.450 is hereby amended to read as
108-37 follows:
108-38 694C.450 1. Except as otherwise provided in this section, a
108-39 captive insurer shall pay to the Division, not later than March 1 of
108-40 each year, a tax at the rate of:
108-41 (a) Two-fifths of 1 percent on the first $20,000,000 of its net
108-42 direct premiums;
108-43 (b) One-fifth of 1 percent on the next $20,000,000 of its net
108-44 direct premiums; and
109-1 (c) Seventy-five thousandths of 1 percent on each additional
109-2 dollar of its net direct premiums.
109-3 2. Except as otherwise provided in this section, a captive
109-4 insurer shall pay to the Division, not later than March 1 of each
109-5 year, a tax at a rate of:
109-6 (a) Two hundred twenty-five thousandths of 1 percent on the
109-7 first $20,000,000 of revenue from assumed reinsurance premiums;
109-8 (b) One hundred fifty thousandths of 1 percent on the next
109-9 $20,000,000 of revenue from assumed reinsurance premiums; and
109-10 (c) Twenty-five thousandths of 1 percent on each additional
109-11 dollar of revenue from assumed reinsurance premiums.
109-12 The tax on reinsurance premiums pursuant to this subsection must
109-13 not be levied on premiums for risks or portions of risks which are
109-14 subject to taxation on a direct basis pursuant to subsection 1. A
109-15 captive insurer is not required to pay any reinsurance premium tax
109-16 pursuant to this subsection on revenue related to the receipt of assets
109-17 by the captive insurer in exchange for the assumption of loss
109-18 reserves and other liabilities of another insurer that is under
109-19 common ownership and control with the captive insurer, if the
109-20 transaction is part of a plan to discontinue the operation of the other
109-21 insurer and the intent of the parties to the transaction is to renew or
109-22 maintain such business with the captive insurer.
109-23 3. If the sum of the taxes to be paid by a captive insurer
109-24 calculated pursuant to subsections 1 and 2 is less than $5,000 in any
109-25 given year, the captive insurer shall pay a tax of $5,000 for that
109-26 year.
109-27 4. Two or more captive insurers under common ownership and
109-28 control must be taxed as if they were a single captive insurer.
109-29 5. Notwithstanding any specific statute to the contrary , [and]
109-30 except as otherwise provided in this subsection, the tax provided for
109-31 by this section constitutes all the taxes collectible pursuant to the
109-32 laws of this state from a captive insurer, and no occupation tax or
109-33 other taxes may be levied or collected from a captive insurer by this
109-34 state or by any county, city or municipality within this state, except
109-35 for the tax imposed pursuant to the provisions of sections 2 to 33,
109-36 inclusive, of this act and ad valorem taxes on real or personal
109-37 property located in this state used in the production of income by the
109-38 captive insurer.
109-39 6. Ten percent of the revenues collected from the tax imposed
109-40 pursuant to this section must be deposited with the State Treasurer
109-41 for credit to the Account for the Regulation and Supervision of
109-42 Captive Insurers created pursuant to NRS 694C.460. The remaining
109-43 90 percent of the revenues collected must be deposited with the
109-44 State Treasurer for credit to the State General Fund.
110-1 7. As used in this section, unless the context otherwise
110-2 requires:
110-3 (a) “Common ownership and control” means:
110-4 (1) In the case of a stock insurer, the direct or indirect
110-5 ownership of 80 percent or more of the outstanding voting stock of
110-6 two or more corporations by the same member or members.
110-7 (2) In the case of a mutual insurer, the direct or indirect
110-8 ownership of 80 percent or more of the surplus and the voting power
110-9 of two or more corporations by the same member or members.
110-10 (b) “Net direct premiums” means the direct premiums collected
110-11 or contracted for on policies or contracts of insurance written by a
110-12 captive insurer during the preceding calendar year, less the amounts
110-13 paid to policyholders as return premiums, including dividends on
110-14 unabsorbed premiums or premium deposits returned or credited to
110-15 policyholders.
110-16 Sec. 183. NRS 695A.550 is hereby amended to read as
110-17 follows:
110-18 695A.550 Every society organized or licensed under this
110-19 chapter is hereby declared to be a charitable and benevolent
110-20 institution, and is exempt from every state, county, district,
110-21 municipal and school tax other than the tax imposed pursuant to
110-22 the provisions of sections 2 to 33, inclusive, of this act and taxes on
110-23 real property and office equipment.
110-24 Sec. 184. NRS 705.060 is hereby amended to read as follows:
110-25 705.060 1. The contracts authorized by NRS 705.030 to
110-26 705.070, inclusive, [shall] must be filed with the Secretary of State
110-27 and recorded by him in a book of records to be kept for that purpose.
110-28 On payment in full of the purchase money and the performance of
110-29 the terms and conditions stipulated in any such contract, a
110-30 declaration in writing to that effect [shall] must be made by the
110-31 vendor, lessor or bailor, or his or its assignee, by a separate
110-32 instrument, to be acknowledged by the vendor, lessor or bailor, or
110-33 his or its assignee, and recorded [as aforesaid.] in the same manner
110-34 as the contract.
110-35 2. The Secretary of State shall collect and pay into the State
110-36 Treasury [$5] $10 for filing each of such contracts or declarations
110-37 and [20] 30 cents per folio for recording the same.
110-38 Sec. 185. NRS 707.240 is hereby amended to read as follows:
110-39 707.240 1. The person or persons, or the president or the
110-40 managing agent of the company, association or corporation
110-41 mentioned in NRS 707.230, [shall] must make, sign and
110-42 acknowledge, before some person authorized by law to take
110-43 acknowledgments of deeds, a certificate in writing setting forth:
111-1 (a) The name or names of the person or persons, company,
111-2 association or corporation , [(]as the case may be , [)] by whom the
111-3 line is to be operated.
111-4 (b) The names of the points or places constituting the termini of
111-5 the line within this state.
111-6 (c) A general description of the route of the line.
111-7 2. The certificate [shall] must be filed and recorded in the
111-8 Office of the Secretary of State, for which such person or persons,
111-9 company, association or corporation shall pay the Secretary of State,
111-10 for deposit in the State General Fund, the sum of [$5,] $10, and also
111-11 [25] 40 cents for each folio contained in the certificate.
111-12 3. The record of the certificates shall be deemed to give
111-13 constructive notice to all persons of the matter therein contained.
111-14 The work of constructing such line, if not already commenced or
111-15 completed within 30 days after the filing of the certificate
111-16 [aforesaid, shall] pursuant to this section, must be continued, with
111-17 all reasonable dispatch, until completed.
111-18 Sec. 186. Section 47 of this act is hereby amended to read as
111-19 follows:
111-20 Sec. 47. A taxpayer may , to reimburse himself for the
111-21 cost of collecting, reporting and remitting the tax imposed
111-22 pursuant to this chapter, deduct and withhold from the
111-23 amount of the tax otherwise due from him [pursuant to this
111-24 chapter] :
111-25 1. If full payment is received by the Department within
111-26 7 days after the end of the month for which the payment is
111-27 made, 1.25 percent of [that amount to reimburse himself for
111-28 the cost of collecting, reporting and remitting the tax.] the
111-29 amount otherwise due; and
111-30 2. Except as otherwise provided in subsection 1, if full
111-31 payment is received by the Department on or before the last
111-32 day of the month immediately following the month for
111-33 which the payment is made, 0.75 percent of the amount
111-34 otherwise due.
111-35 Sec. 187. NRS 364A.160 is hereby repealed.
111-36 Sec. 188. 1. There is hereby appropriated from the State
111-37 General Fund to the Department of Taxation for the payment of
111-38 such expenses of the Department as are necessary for the
111-39 Department to carry out its duties pursuant to this act:
111-40 For the Fiscal Year 2003-2004$12,500,000
111-41 For the Fiscal Year 2004-2005$20,000,000
111-42 2. Any balance of the appropriations made by subsection 1
111-43 remaining at the end of the respective fiscal years must not be
111-44 committed for expenditure after June 30 of the respective fiscal
112-1 years and reverts to the State General Fund as soon as all payments
112-2 of money committed have been made.
112-3 Sec. 189. 1. An ad valorem tax of 15 cents on each $100 of
112-4 assessed valuation of taxable property is hereby levied for the fiscal
112-5 year commencing July 1, 2004, and ending June 30, 2005, for the
112-6 operating expenses of the State of Nevada. The taxes levied by this
112-7 section must be collected in the manner provided in chapter 361 of
112-8 NRS on all taxable property in this state, including the net proceeds
112-9 of minerals and excluding such property as is by law exempt from
112-10 taxation.
112-11 2. The proceeds of the taxes levied by subsection 1 must be
112-12 deposited in the State General Fund.
112-13 Sec. 190. If the governing body of a county, city or
112-14 unincorporated town has levied an additional ad valorem tax
112-15 pursuant to the provisions of subsection 2 of NRS 361.453 and that
112-16 levy does not expire or is not discontinued before July 1, 2004, that
112-17 levy must be included in the calculation of the limitation set forth in
112-18 subsection 1 of NRS 361.453 until the levy expires.
112-19 Sec. 191. Notwithstanding the amendatory provisions of
112-20 section 76 of this act, a business license issued pursuant to chapter
112-21 364A of NRS before July 1, 2002, expires on the last day of the
112-22 calendar month in which the anniversary date of its issuance first
112-23 occurs after June 30, 2003, unless it is renewed pursuant to NRS
112-24 364A.130, as amended by this act, on or before the date of
112-25 expiration.
112-26 Sec. 192. The provisions of:
112-27 1. Sections 77, 79, 80, 81, 171 and 187 of this act do not affect
112-28 the amount of any taxes or license fees due for any period ending on
112-29 or before June 30, 2003.
112-30 2. Sections 82, 83 and 84 of this act do not apply to any taxes
112-31 precollected pursuant to chapter 370 of NRS on or before June 30,
112-32 2003.
112-33 3. Section 165 of this act do not apply to any contracts made on
112-34 or before June 30, 2003.
112-35 4. Sections 78 and 170 of this act do not affect the amount of
112-36 any license fees due for any period ending on or before June 30,
112-37 2005.
112-38 Sec. 193. 1. This section and sections 62 and 192 of this act
112-39 become effective upon passage and approval.
112-40 2. Sections 75, 76, 77, 79, 92 to 156, inclusive, 158 to 164,
112-41 inclusive, 173 to 180, inclusive, 184, 185, 187 and 191 of this act
112-42 become effective:
112-43 (a) Upon passage and approval for the purpose of adopting
112-44 regulations and performing any other preparatory administrative
112-45 tasks that are necessary to carry out the provisions of this act; and
113-1 (b) On July 1, 2003, for all other purposes.
113-2 3. Sections 61, 71, 80 to 86, inclusive, 88, 89, 165, 166, 171
113-3 and 188 of this act become effective on July 1, 2003.
113-4 4. Section 157 of this act becomes effective on July 1, 2003,
113-5 and expires by limitation on July 1, 2005.
113-6 5. Sections 34 to 60, inclusive, 63, 65, 67, 69, 72 and 90 of this
113-7 act become effective:
113-8 (a) Upon passage and approval for the purpose of adopting
113-9 regulations and performing any other preparatory administrative
113-10 tasks that are necessary to carry out the provisions of this act; and
113-11 (b) On October 1, 2003, for all other purposes.
113-12 6. Sections 73, 74, 167, 168, 169, 189 and 190 of this act
113-13 become effective on July 1, 2004.
113-14 7. Sections 1 to 33, inclusive, 64, 66, 68, 70, 78, 87, 91, 170,
113-15 172, 181, 182, 183 and 186 of this act become effective:
113-16 (a) Upon passage and approval for the purpose of adopting
113-17 regulations and performing any other preparatory administrative
113-18 tasks that are necessary to carry out the provisions of this act; and
113-19 (b) On July 1, 2005, for all other purposes.
113-20 TEXT OF REPEALED SECTION
113-21 364A.160 Exemption for natural person with no employees
113-22 during calendar quarter. A natural person who does not employ
113-23 any employees during a calendar quarter is exempt from the
113-24 provisions of this chapter for that calendar quarter.
113-25 H