requires two-thirds majority vote (§§ 11, 38, 39, 80, 83, 84, 85, 87, 88, 90-95, 98-128, 130-137, 142, 164-173, 175)
S.B. 382
Senate Bill No. 382–Senators Amodei, Care, Schneider, Cegavske, Nolan, O’Connell, Rhoads, Shaffer, Tiffany and Washington
March 17, 2003
____________
Referred to Committee on Taxation
SUMMARY—Makes various changes to provisions governing public financial administration. (BDR 32‑721)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
~
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 public financial administration; imposing a tax on the admission charge to a place where entertainment is provided; imposing a tax for the privilege of providing certain services in this state; revising the taxes on liquor, cigarettes and the privilege of conducting business in this state; increasing various fees collected by the Secretary of State; imposing a state tax on the rental of transient lodging; revising the formula for calculating the limit upon total proposed expenditures from the State General Fund for purposes other than construction; revising the fees charged for certain gaming licenses; providing penalties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Title 32 of NRS is hereby amended by adding
1-2 thereto a new chapter to consist of the provisions set forth as
1-3 sections 2 to 28, inclusive, of this act.
1-4 Sec. 2. As used in this chapter, unless the context otherwise
1-5 requires, the words and terms defined in sections 3 to 6, inclusive,
1-6 of this act have the meanings ascribed to them in those sections.
2-1 Sec. 3. “Admission charge” means the total amount,
2-2 expressed in terms of money:
2-3 1. Of any consideration provided, whether directly or
2-4 indirectly, for the right or privilege to have access to a place or
2-5 location where entertainment is provided; and
2-6 2. If any consideration is otherwise required for the right or
2-7 privilege to have access to a place or location where entertainment
2-8 is provided and all or part of that consideration is waived as part
2-9 of a promotional or marketing plan, the total amount of the
2-10 consideration that would otherwise be required.
2-11 Sec. 4. “Commission” means the Nevada Tax Commission.
2-12 Sec. 5. “Entertainment” means any activity provided for
2-13 participants or spectators, or both, for pleasure, enjoyment,
2-14 recreation, relaxation, diversion or another similar purpose.
2-15 Sec. 6. “Taxpayer” means any person liable for a tax
2-16 imposed pursuant to this chapter.
2-17 Sec. 7. The Department shall:
2-18 1. Administer and enforce the provisions of this chapter, and
2-19 may adopt such regulations as it deems appropriate for that
2-20 purpose.
2-21 2. Deposit all taxes, interest and penalties it receives pursuant
2-22 to this chapter in the State Treasury for credit to the State General
2-23 Fund.
2-24 Sec. 8. 1. Each person responsible for maintaining the
2-25 records of a taxpayer shall:
2-26 (a) Keep such records as may be necessary to determine the
2-27 amount of the liability of the taxpayer pursuant to the provisions
2-28 of this chapter;
2-29 (b) Preserve those records for 4 years or until any litigation or
2-30 prosecution pursuant to this chapter is finally determined,
2-31 whichever is longer; and
2-32 (c) Make the records available for inspection by the
2-33 Department upon demand at reasonable times during regular
2-34 business hours.
2-35 2. The Department may by regulation specify the types of
2-36 records which must be kept to determine the amount of the
2-37 liability of a taxpayer pursuant to the provisions of this chapter.
2-38 3. Any person who violates the provisions of subsection 1 is
2-39 guilty of a misdemeanor.
2-40 Sec. 9. 1. To verify the accuracy of any return filed or, if
2-41 no return is filed by a taxpayer, to determine the amount required
2-42 to be paid, the Department, or any person authorized in writing by
2-43 it, may, during regular business hours, examine the books, papers
2-44 and records of any person who may be liable for a tax imposed by
2-45 this chapter.
3-1 2. Any person who may be liable for a tax imposed by this
3-2 chapter and who keeps outside of this state any books, papers and
3-3 records relating thereto, shall pay to the Department an amount
3-4 equal to the allowance provided for state officers and employees
3-5 generally while traveling outside of the State for each day or
3-6 fraction thereof during which an employee of the Department is
3-7 engaged in examining those documents, plus any other actual
3-8 expenses incurred by the employee while he is absent from his
3-9 regular place of employment to examine those documents.
3-10 Sec. 10. 1. Except as otherwise provided in this section and
3-11 NRS 360.250, the records and files of the Department concerning
3-12 the administration of this chapter are confidential and privileged.
3-13 The Department, and any employee engaged in the administration
3-14 of this chapter or charged with the custody of any such records or
3-15 files, shall not disclose any information obtained from the
3-16 Department’s records or files or from any examination,
3-17 investigation or hearing authorized by the provisions of this
3-18 chapter. Neither the Department nor any employee of the
3-19 Department may be required to produce any of the records, files
3-20 and information for the inspection of any person or for use in any
3-21 action or proceeding.
3-22 2. The records and files of the Department concerning the
3-23 administration of this chapter are not confidential and privileged
3-24 in the following cases:
3-25 (a) Testimony by a member or employee of the Department
3-26 and production of records, files and information on behalf of the
3-27 Department or a taxpayer in any action or proceeding pursuant to
3-28 the provisions of this chapter if that testimony or the records, files
3-29 or information, or the facts shown thereby are directly involved in
3-30 the action or proceeding.
3-31 (b) Delivery to a taxpayer or his authorized representative of a
3-32 copy of any return or other document filed by the taxpayer
3-33 pursuant to this chapter.
3-34 (c) Publication of statistics so classified as to prevent the
3-35 identification of a particular person or document.
3-36 (d) Exchanges of information with the Internal Revenue
3-37 Service in accordance with compacts made and provided for in
3-38 such cases.
3-39 (e) Disclosure in confidence to the Governor or his agent in
3-40 the exercise of the Governor’s general supervisory powers, or to
3-41 any person authorized to audit the accounts of the Department in
3-42 pursuance of an audit, or to the Attorney General or other legal
3-43 representative of the State in connection with an action or
3-44 proceeding pursuant to this chapter, or to any agency of this or
4-1 any other state charged with the administration or enforcement of
4-2 laws relating to taxation.
4-3 (f) Exchanges of information pursuant to subsection 3.
4-4 3. The Commission may enter into a written agreement with
4-5 any county fair and recreation board or the governing body of any
4-6 county, city or town for the continuing exchange of information
4-7 concerning taxpayers.
4-8 Sec. 11. 1. There is hereby imposed an excise tax on the
4-9 admission charge to any place or location in this state where
4-10 entertainment is provided at a rate of 3 percent of that portion of
4-11 each individual admission charge that exceeds $10.
4-12 2. The person who receives an admission charge is liable for
4-13 the tax imposed by this section, but is entitled to collect
4-14 reimbursement from the person paying the admission charge.
4-15 3. Any ticket for admission to a place or location in this state
4-16 where entertainment is provided must state whether the tax
4-17 imposed by this section is included in the price of the ticket. If the
4-18 ticket does not include such a statement, the taxpayer shall pay the
4-19 tax on the face amount of the ticket.
4-20 4. The tax imposed by this section does not apply to an
4-21 admission charge:
4-22 (a) Included in the computation of the tax imposed pursuant to
4-23 NRS 463.401 or any fee imposed pursuant to chapter 467 of NRS;
4-24 (b) Provided to a governmental entity or a public or private
4-25 educational institution for any entertainment sponsored by such
4-26 an entity or institution;
4-27 (c) Provided to a nonprofit organization that qualifies as a tax-
4-28 exempt organization pursuant to 26 U.S.C. § 501(c) or to a person
4-29 who remits to such a nonprofit organization at least 60 percent of
4-30 the net revenue from the entertainment for which access is
4-31 granted; or
4-32 (d) Provided for the right or privilege to have access to a
4-33 convention, an exhibition or a trade show, if the opportunity for
4-34 admission is not made available to the general public.
4-35 Sec. 12. A taxpayer shall hold the amount of all taxes for
4-36 which he is liable pursuant to this chapter in a separate account in
4-37 trust for the State.
4-38 Sec. 13. 1. The tax imposed by this chapter is payable to the
4-39 Department monthly on or before the last day of the month
4-40 immediately following the month in which liability for the tax
4-41 arose.
4-42 2. Each taxpayer shall file with the Department a return on a
4-43 form prescribed by the Department, together with the remittance
4-44 of any tax due pursuant to this chapter, on or before the last day
5-1 of the month immediately following the month in which liability
5-2 for the tax arose.
5-3 Sec. 14. A taxpayer may deduct and withhold from the
5-4 amount of the taxes otherwise due from him pursuant to this
5-5 chapter 1 percent of that amount to reimburse himself for the cost
5-6 of collecting, reporting and remitting the taxes if the taxes are
5-7 remitted during the first half of the period for which they are due.
5-8 Sec. 15. Upon written application made before the date on
5-9 which payment must be made, the Department may for good cause
5-10 extend by 30 days the time within which a taxpayer is required to
5-11 pay a tax imposed by this chapter. If the tax is paid during the
5-12 period of extension, no penalty or late charge may be imposed for
5-13 failure to pay at the time required, but the taxpayer shall pay
5-14 interest at the rate of 1 percent per month from the date on which
5-15 the amount would have been due without the extension until the
5-16 date of payment, unless otherwise provided in NRS 360.232 or
5-17 360.320.
5-18 Sec. 16. The remedies of the State provided for in this
5-19 chapter are cumulative, and no action taken by the Department or
5-20 the Attorney General constitutes an election by the State to pursue
5-21 any remedy to the exclusion of any other remedy for which
5-22 provision is made in this chapter.
5-23 Sec. 17. If the Department determines that any tax, penalty
5-24 or interest has been paid more than once or has been erroneously
5-25 or illegally collected or computed, the Department shall set forth
5-26 that fact in the records of the Department and certify to the State
5-27 Board of Examiners the amount collected in excess of the amount
5-28 legally due and the person from whom it was collected or by whom
5-29 paid. If approved by the State Board of Examiners, the excess
5-30 amount collected or paid must be credited on any amounts then
5-31 due from the person under this chapter, and the balance refunded
5-32 to the person or his successors in interest.
5-33 Sec. 18. 1. Except as otherwise provided in NRS 360.235
5-34 and 360.395:
5-35 (a) No refund may be allowed unless a claim for it is filed with
5-36 the Department within 3 years after the last day of the month
5-37 following the month for which the overpayment was made.
5-38 (b) No credit may be allowed after the expiration of the period
5-39 specified for filing claims for refund unless a claim for credit is
5-40 filed with the Department within that period.
5-41 2. Each claim must be in writing and must state the specific
5-42 grounds upon which the claim is founded.
5-43 3. Failure to file a claim within the time prescribed in this
5-44 chapter constitutes a waiver of any demand against the State on
5-45 account of overpayment.
6-1 4. Within 30 days after rejecting any claim in whole or in
6-2 part, the Department shall serve notice of its action on the
6-3 claimant in the manner prescribed for service of notice of a
6-4 deficiency determination.
6-5 Sec. 19. 1. Except as otherwise provided in this section and
6-6 NRS 360.320, interest must be paid upon any overpayment of any
6-7 amount of the taxes imposed by this chapter at the rate of 0.5
6-8 percent per month, or fraction thereof, from the last day of the
6-9 calendar month following the month for which the overpayment
6-10 was made. No refund or credit may be made of any interest
6-11 imposed upon the person making the overpayment with respect to
6-12 the amount being refunded or credited.
6-13 2. The interest must be paid:
6-14 (a) In the case of a refund, to the last day of the calendar
6-15 month following the date upon which the person making the
6-16 overpayment, if he has not already filed a claim, is notified by
6-17 the Department that a claim may be filed or the date upon which
6-18 the claim is certified to the State Board of Examiners, whichever is
6-19 earlier.
6-20 (b) In the case of a credit, to the same date as that to which
6-21 interest is computed on the tax or amount against which the credit
6-22 is applied.
6-23 3. If the Department determines that any overpayment has
6-24 been made intentionally or by reason of carelessness, the
6-25 Department shall not allow any interest on the overpayment.
6-26 Sec. 20. 1. No injunction, writ of mandate or other legal or
6-27 equitable process may issue in any suit, action or proceeding in
6-28 any court against this state or against any officer of the State to
6-29 prevent or enjoin the collection under this chapter of a tax
6-30 imposed by this chapter or any amount of tax, penalty or interest
6-31 required to be collected.
6-32 2. No suit or proceeding may be maintained in any court for
6-33 the recovery of any amount alleged to have been erroneously or
6-34 illegally determined or collected unless a claim for refund or credit
6-35 has been filed.
6-36 Sec. 21. 1. Within 90 days after a final decision upon a
6-37 claim filed pursuant to this chapter is rendered by the
6-38 Commission, the claimant may bring an action against the
6-39 Department on the grounds set forth in the claim in a court of
6-40 competent jurisdiction in Carson City, the county of this state
6-41 where the claimant resides or maintains his principal place of
6-42 business, or a county in which any relevant proceedings were
6-43 conducted by the Department for the recovery of the whole or any
6-44 part of the amount with respect to which the claim has been
6-45 disallowed.
7-1 2. Failure to bring an action within the time specified
7-2 constitutes a waiver of any demand against the State on account of
7-3 alleged overpayments.
7-4 Sec. 22. 1. If the Department fails to mail notice of action
7-5 on a claim within 6 months after the claim is filed, the claimant
7-6 may consider the claim disallowed and file an appeal with the
7-7 Commission within 30 days after the last day of the 6-month
7-8 period. If the claimant is aggrieved by the decision of the
7-9 Commission rendered on appeal, he may, within 90 days after the
7-10 decision is rendered, bring an action against the Department on
7-11 the grounds set forth in the claim for the recovery of the whole or
7-12 any part of the amount claimed as an overpayment.
7-13 2. If judgment is rendered for the plaintiff, the amount of the
7-14 judgment must first be credited towards any tax due from the
7-15 plaintiff.
7-16 3. The balance of the judgment must be refunded to the
7-17 plaintiff.
7-18 Sec. 23. In any judgment, interest must be allowed at the rate
7-19 of 6 percent per annum upon the amount found to have been
7-20 illegally collected from the date of payment of the amount to the
7-21 date of allowance of credit on account of the judgment, or to a
7-22 date preceding the date of the refund warrant by not more than 30
7-23 days. The date must be determined by the Department.
7-24 Sec. 24. A judgment may not be rendered in favor of the
7-25 plaintiff in any action brought against the Department to recover
7-26 any amount paid when the action is brought by or in the name of
7-27 an assignee of the person paying the amount or by any person
7-28 other than the person who paid the amount.
7-29 Sec. 25. 1. The Department may recover a refund or any
7-30 part thereof which is erroneously made and any credit or part
7-31 thereof which is erroneously allowed in an action brought in a
7-32 court of competent jurisdiction in Carson City or Clark County in
7-33 the name of the State of Nevada.
7-34 2. The action must be tried in Carson City or Clark County
7-35 unless the court, with the consent of the Attorney General, orders
7-36 a change of place of trial.
7-37 3. The Attorney General shall prosecute the action, and the
7-38 provisions of NRS, the Nevada Rules of Civil Procedure and the
7-39 Nevada Rules of Appellate Procedure relating to service of
7-40 summons, pleadings, proofs, trials and appeals are applicable to
7-41 the proceedings.
7-42 Sec. 26. 1. If any amount in excess of $25 has been
7-43 illegally determined, either by the person filing the return or by the
7-44 Department, the Department shall certify this fact to the State
8-1 Board of Examiners, and the latter shall authorize the
8-2 cancellation of the amount upon the records of the Department.
8-3 2. If an amount not exceeding $25 has been illegally
8-4 determined, either by the person filing a return or by the
8-5 Department, the Department, without certifying this fact to the
8-6 State Board of Examiners, shall authorize the cancellation of
8-7 the amount upon the records of the Department.
8-8 Sec. 27. 1. A person shall not:
8-9 (a) Make, cause to be made or permit to be made any false or
8-10 fraudulent return or declaration or false statement in any return
8-11 or declaration, with intent to defraud the State or to evade
8-12 payment of a tax or any part of a tax imposed by this chapter.
8-13 (b) Make, cause to be made or permit to be made any false
8-14 entry in books, records or accounts with intent to defraud the State
8-15 or to evade the payment of a tax or any part of a tax imposed by
8-16 this chapter.
8-17 (c) Keep, cause to be kept or permit to be kept more than one
8-18 set of books, records or accounts with intent to defraud the State
8-19 or to evade the payment of a tax or any part of a tax imposed by
8-20 this chapter.
8-21 2. Any person who violates the provisions of subsection 1 is
8-22 guilty of a gross misdemeanor.
8-23 Sec. 28. It is the intent of the Legislature that the tax
8-24 imposed pursuant to this chapter must not be increased for a
8-25 period of at least 10 years after January 1, 2004.
8-26 Sec. 29. Title 32 of NRS is hereby amended by adding thereto
8-27 a new chapter to consist of the provisions set forth as sections 30 to
8-28 72, inclusive, of this act.
8-29 Sec. 30. As used in this chapter, unless the context otherwise
8-30 requires, the words and terms defined in sections 31 to 37,
8-31 inclusive, of this act have the meanings ascribed to them in those
8-32 sections.
8-33 Sec. 31. 1. “Amount charged for service” means the total
8-34 amount collected by a provider of service for the provision of a
8-35 service, valued in money, whether received in money or otherwise,
8-36 without deduction for any cost, expense or loss incurred in
8-37 providing that service.
8-38 2. The term does not include the amount of the tax imposed
8-39 by this chapter if added to the amount collected by the provider of
8-40 service.
8-41 Sec. 32. “Business or profession” includes any activity
8-42 engaged in by a person, with the object of gain, benefit or
8-43 advantage, directly or indirectly, whether as a corporation,
8-44 partnership, proprietorship, business association or other similar
9-1 organization, as a natural person or as an independent contractor.
9-2 The term does not include the activity of a governmental entity.
9-3 Sec. 33. “Commission” means the Nevada Tax Commission.
9-4 Sec. 34. “Exempted from the taxes imposed by this chapter”
9-5 means exempted from the computation of the amount of taxes
9-6 imposed.
9-7 Sec. 35. “In this state” means within the exterior limits of the
9-8 State of Nevada and includes all territory within these limits
9-9 owned or ceded to the United States of America.
9-10 Sec. 36. “Provider of service” means a person engaged in a
9-11 business or profession that provides a service in this state that is
9-12 not exempted from the taxes imposed by this chapter.
9-13 Sec. 37. 1. “Service” means any result of useful effort that
9-14 does not produce a tangible commodity.
9-15 2. The term does not include labor for hire or employment for
9-16 a salary or commission.
9-17 Sec. 38. 1. A tax is hereby imposed upon each business or
9-18 profession for the privilege of providing a service in this state at
9-19 the following rates:
9-20 (a) For a personal service provided, the business or profession
9-21 providing the service shall pay a tax at the rate of 3 percent of that
9-22 portion of the amount charged for service which exceeds $50.
9-23 (b) For all other services, the business or profession providing
9-24 the service shall pay a tax at a rate of 3 percent of the amount
9-25 charged for service.
9-26 2. As used in this section “personal service” means a service
9-27 purchased by a natural person for his personal needs and not for
9-28 business purposes or for the production of revenue, income or
9-29 other object of gain, benefit or advantage.
9-30 Sec. 39. 1. Except as otherwise provided in this section, a
9-31 person shall not conduct a business or profession in this state
9-32 whose amount charged for service is taxable under this chapter
9-33 unless he has obtained a permit issued by the Department for each
9-34 location where he offers his services.
9-35 2. Each application for a permit must:
9-36 (a) Be made upon a form prescribed by the Department;
9-37 (b) Set forth the name under which the applicant provides or
9-38 intends to provide services and the location of the place or places
9-39 where services will be provided;
9-40 (c) Set forth such other information as the Department may
9-41 require; and
9-42 (d) Be accompanied by a fee of $5.
9-43 3. The application must be signed by:
9-44 (a) The owner, if the business or profession is owned by a
9-45 natural person;
10-1 (b) A member or partner, if the business or profession is
10-2 owned by an association or partnership; or
10-3 (c) An officer or some other person specifically authorized to
10-4 sign the application, if the business or profession is owned by a
10-5 corporation. If an application is signed pursuant to this
10-6 paragraph, written evidence of the signor’s authority must be
10-7 attached to the application.
10-8 4. The provisions of this section do not apply to a business or
10-9 profession that has been issued a permit pursuant to NRS 372.135.
10-10 Sec. 40. 1. If the holder of a permit issued pursuant to the
10-11 provisions of this chapter fails to comply with a provision of this
10-12 chapter or a regulation adopted pursuant thereto, the Department
10-13 may revoke or suspend his permit. Before doing so, the
10-14 Department must hold a hearing after 10 days’ written notice to
10-15 the holder of the permit. The notice must specify the time and
10-16 place of the hearing and require the holder thereof to show cause
10-17 why the permit should not be revoked or suspended.
10-18 2. If a permit is suspended or revoked, the Department shall
10-19 give written notice of the action to the holder of the permit.
10-20 3. The notices required by this section may be served
10-21 personally or by mail in the manner provided in NRS 360.350 for
10-22 the service of a notice of the determination of a deficiency.
10-23 4. The Department shall not issue a new permit to the former
10-24 holder of a revoked permit unless it is satisfied that he will comply
10-25 with the provisions of this chapter and the regulations of the
10-26 Department adopted pursuant thereto.
10-27 Sec. 41. There are exempted from the tax imposed by the
10-28 provisions of this chapter the amount charged for service for the
10-29 provision of the following services:
10-30 1. Any service that this state is prohibited from taxing under
10-31 the Constitution or laws of the United States or the Constitution of
10-32 the State of Nevada.
10-33 2. Any service by one member of a group of affiliated
10-34 enterprises to another member of the same group. For the
10-35 purposes of this subsection, enterprises are affiliated if a majority
10-36 interest in each enterprise is owned by the same person.
10-37 3. Any service which is a component of new residential
10-38 construction.
10-39 4. Child care.
10-40 5. Health care.
10-41 6. Any service provided by a public utility that is regulated by
10-42 the provisions of chapter 704 of NRS.
10-43 7. Any service related to entertainment, as defined in section
10-44 5 of this act.
10-45 8. Advertising.
11-1 9. Any service related to the collection and disposal of
11-2 garbage.
11-3 Sec. 42. A provider of service shall hold the amount of all
11-4 taxes collected pursuant to this chapter in a separate account in
11-5 trust for the State.
11-6 Sec. 43. Except as otherwise provided in section 46 of this
11-7 act, the taxes imposed by this chapter are payable to the
11-8 Department monthly on or before the last day of the month
11-9 immediately following the month in which liability for the tax
11-10 arose.
11-11 Sec. 44. On or before the last day of the month following
11-12 each reporting period, a return for the preceding period,
11-13 accompanied by a remittance of the tax due, must be filed by each
11-14 provider of service with the Department in such form as the
11-15 Department may prescribe. A return must be signed by the person
11-16 required to file the return or by his authorized agent but need not
11-17 be verified by oath.
11-18 Sec. 45. 1. If a provider of service:
11-19 (a) Is unable to collect all or part of the total amount he
11-20 charged for a service rendered and the amount was included in
11-21 the amount charged for service reported for a previous reporting
11-22 period; and
11-23 (b) Has taken a deduction on his federal income tax return
11-24 pursuant to 26 U.S.C. § 166(a) for the amount which he is unable
11-25 to collect,
11-26 he is entitled to receive a credit for the amount of tax paid on
11-27 account of that uncollected amount. The credit may be used
11-28 against the amount of tax that the provider of service is
11-29 subsequently required to pay pursuant to this chapter.
11-30 2. If the Internal Revenue Service of the Department of the
11-31 Treasury disallows a deduction described in paragraph (b) of
11-32 subsection 1 and the provider of service claimed a credit on a
11-33 return for a previous reporting period pursuant to subsection 1,
11-34 the provider of service shall include the amount of that credit
11-35 in the amount of taxes reported pursuant to section 44 of this act
11-36 in the first return filed with the Department after the deduction is
11-37 disallowed.
11-38 3. If a provider of service claims a credit on a return for a
11-39 previous reporting period pursuant to subsection 1 and he collects
11-40 all or part of the amount that was previously uncollected, he shall
11-41 include:
11-42 (a) The amount collected in the amount of service reported
11-43 pursuant to section 44 of this act; and
11-44 (b) The tax payable on the amount collected in the amount of
11-45 taxes reported pursuant to section 44 of this act,
12-1 in the first return filed with the Department after that collection.
12-2 4. To carry out the provisions of this section, the Department
12-3 shall use the accounting method used by the provider of service to
12-4 report amounts charged for service to the Internal Revenue
12-5 Service.
12-6 5. Any provider of service who files a return that contains one
12-7 or more violations of the provisions of this section shall pay a
12-8 penalty of not more than 10 percent of the amount of tax which is
12-9 owed, as determined by the Department, in addition to the tax
12-10 owed, plus interest at the rate of 1 percent per month, or fraction
12-11 of a month, from the last day of the month following the period for
12-12 which the amount or any portion of the amount should have been
12-13 reported until the date of payment. The amount of any penalty
12-14 imposed must be based on a graduated schedule adopted by the
12-15 Commission that takes into consideration the length of time the
12-16 tax remained unpaid.
12-17 Sec. 46. 1. The reporting and payment period of a provider
12-18 of service whose taxable amount charged for service does not
12-19 exceed $10,000 per month is a calendar quarter.
12-20 2. The Department, if it deems this action necessary to ensure
12-21 payment to or facilitate the collection by the State of the amount of
12-22 taxes, may require returns and payment of the amount of taxes for
12-23 periods other than calendar months or quarters, depending upon
12-24 the principal place of business of the provider of service, or for
12-25 other than monthly or quarterly periods.
12-26 Sec. 47. The Department for good cause may extend for not
12-27 to exceed 1 month the time for making any return or paying any
12-28 amount required to be paid under this chapter.
12-29 Sec. 48. 1. A responsible person who willfully fails to
12-30 collect or pay to the Department the tax imposed by this chapter or
12-31 who willfully attempts to evade the payment of the tax is jointly
12-32 and severally liable with the provider of service for the tax owed
12-33 plus interest and all applicable penalties. The responsible person
12-34 shall pay the tax upon notice from the Department that it is due.
12-35 2. As used in this section, “responsible person” includes:
12-36 (a) An officer or employee of a corporation; and
12-37 (b) A member or employee of a partnership or limited-liability
12-38 company,
12-39 whose job or duty it is to collect, account for or pay to the
12-40 Department the tax imposed by this chapter.
12-41 Sec. 49. 1. The Department, whenever it deems it necessary
12-42 to ensure compliance with this chapter, may require any person
12-43 subject to the chapter to place with it such security as the
12-44 Department may determine. The Department shall fix the amount
12-45 of the security which, except as otherwise provided in subsection 2,
13-1 may not be greater than twice the estimated average tax due
13-2 quarterly of persons filing returns for quarterly periods or three
13-3 times the estimated average tax due monthly of persons filing
13-4 returns for monthly periods, determined in such manner as the
13-5 Department deems proper.
13-6 2. In the case of persons who are habitually delinquent in
13-7 their obligations under this chapter, the amount of the security
13-8 may not be greater than three times the average actual tax due
13-9 quarterly of persons filing returns for quarterly periods or five
13-10 times the average actual tax due monthly of persons filing returns
13-11 for monthly periods.
13-12 3. The limitations provided in this section apply regardless of
13-13 the type of security placed with the Department.
13-14 4. The amount of the security may be increased or decreased
13-15 by the Department subject to the limitations provided in this
13-16 section.
13-17 5. The Department may sell the security at public auction if it
13-18 becomes necessary to recover any tax or any amount required to
13-19 be collected, interest or penalty due. Notice of the sale may be
13-20 served, personally or by mail, upon the person who placed the
13-21 security. If the notice is served by mail, service must be made in
13-22 the manner prescribed for service of a notice of a deficiency
13-23 determination and must be addressed to the person at his address
13-24 as it appears in the records of the Department. Security in the
13-25 form of a bearer bond issued by the United States or the State of
13-26 Nevada which has a prevailing market price may be sold by the
13-27 Department at a private sale at a price not lower than the
13-28 prevailing market price.
13-29 6. Upon any sale, any surplus above the amounts due must be
13-30 returned to the person who placed the security.
13-31 Sec. 50. If the Department determines that any tax, penalty
13-32 or interest has been paid more than once or has been erroneously
13-33 or illegally collected or computed, the Department shall set forth
13-34 that fact in the records of the Department and certify to the State
13-35 Board of Examiners the amount collected in excess of the amount
13-36 legally due and the person from whom it was collected or by whom
13-37 paid. If approved by the State Board of Examiners, the excess
13-38 amount collected or paid must be credited on any amounts then
13-39 due from the person under this chapter and the balance refunded
13-40 to the person, or his successors, administrators or executors.
13-41 Sec. 51. 1. Except as otherwise provided in NRS 360.235
13-42 and 360.395:
13-43 (a) No refund may be allowed unless a claim for it is filed with
13-44 the Department within 3 years after the last day of the month
14-1 following the close of the period for which the overpayment was
14-2 made.
14-3 (b) No credit may be allowed after the expiration of the period
14-4 specified for filing claims for a refund unless a claim for credit is
14-5 filed with the Department within that period or unless the credit
14-6 relates to a period for which a waiver is given pursuant to
14-7 NRS 360.355.
14-8 2. Each claim must be in writing and must state the specific
14-9 grounds upon which the claim is founded.
14-10 3. Failure to file a claim within the time prescribed in this
14-11 chapter constitutes a waiver of any demand against the State on
14-12 account of overpayment.
14-13 4. Within 30 days after rejecting any claim in whole or in
14-14 part, the Department shall serve notice of its action on the
14-15 claimant in the manner prescribed for service of notice of a
14-16 deficiency determination.
14-17 Sec. 52. 1. Except as otherwise provided in this section and
14-18 NRS 360.320, interest must be paid upon any overpayment of any
14-19 amount of the tax imposed by this chapter at the rate of 0.5
14-20 percent per month, or fraction thereof, from the last day of the
14-21 calendar month following the period for which the overpayment
14-22 was made. No refund or credit may be made of any interest
14-23 imposed upon the person making the overpayment with respect to
14-24 the amount being refunded or credited.
14-25 2. The interest must be paid:
14-26 (a) In the case of a refund, to the last day of the calendar
14-27 month following the date upon which the person making the
14-28 overpayment, if he has not already filed a claim, is notified by
14-29 the Department that a claim may be filed or the date upon which
14-30 the claim is certified to the State Board of Examiners, whichever is
14-31 earlier.
14-32 (b) In the case of a credit, to the same date as that to which
14-33 interest is computed on the tax or amount against which the credit
14-34 is applied.
14-35 3. If the Department determines that any overpayment has
14-36 been made intentionally or by reason of carelessness, the
14-37 Department shall not allow any interest on the overpayment.
14-38 Sec. 53. 1. No injunction, writ of mandate or other legal or
14-39 equitable process may issue in any suit, action or proceeding in
14-40 any court against this State or against any officer of this State to
14-41 prevent or enjoin the collection under this chapter of the tax
14-42 imposed by this chapter or any amount of tax, penalty or interest
14-43 required to be collected.
14-44 2. No suit or proceeding may be maintained in any court for
14-45 the recovery of any amount alleged to have been erroneously or
15-1 illegally determined or collected unless a claim for refund or credit
15-2 has been filed.
15-3 Sec. 54. 1. Within 90 days after a final decision upon a
15-4 claim filed pursuant to this chapter is rendered by the
15-5 Commission, the claimant may bring an action against the
15-6 Department on the grounds set forth in the claim in a court of
15-7 competent jurisdiction in Carson City, the county of this state
15-8 where the claimant resides or maintains his principal place of
15-9 business, or a county in which any relevant proceedings were
15-10 conducted by the Department for the recovery of the whole or any
15-11 part of the amount with respect to which the claim has been
15-12 disallowed.
15-13 2. Failure to bring an action within the time specified
15-14 constitutes a waiver of any demand against the State on account of
15-15 alleged overpayments.
15-16 Sec. 55. 1. If the Department fails to mail notice of action
15-17 on a claim within 6 months after the claim is filed, the claimant
15-18 may consider the claim disallowed and file an appeal with a
15-19 hearing officer within the 45 days after the last day of the 6-month
15-20 period. If the claimant is aggrieved by the decision of the hearing
15-21 officer on appeal, he may, pursuant to the provisions of NRS
15-22 360.245, appeal the decision to the Commission. If the claimant is
15-23 aggrieved by the decision of the Commission rendered on appeal,
15-24 he may, within 45 days after the decision is rendered, bring an
15-25 action against the Department on the grounds set forth in the
15-26 claim for the recovery of the whole or any part of the amount
15-27 claimed as an overpayment.
15-28 2. If judgment is rendered for the plaintiff, the amount of the
15-29 judgment must first be credited towards any tax due under this
15-30 chapter from the plaintiff.
15-31 3. The balance of the judgment must be refunded to the
15-32 plaintiff.
15-33 Sec. 56. In any judgment, interest must be allowed at the rate
15-34 of 6 percent per annum upon the amount found to have been
15-35 illegally collected from the date of payment of the amount to the
15-36 date of allowance of credit on account of the judgment or to a date
15-37 preceding the date of the refund warrant by not more than 30
15-38 days. The date must be determined by the Department.
15-39 Sec. 57. A judgment may not be rendered in favor of the
15-40 plaintiff in any action brought against the Department to recover
15-41 any amount paid when the action is brought by or in the name of
15-42 an assignee of the person paying the amount or by any person
15-43 other than the person who paid the amount.
15-44 Sec. 58. 1. The Department may recover a refund or any
15-45 part thereof which is erroneously made and any credit or part
16-1 thereof which is erroneously allowed in an action brought in a
16-2 court of competent jurisdiction in Carson City or Clark County in
16-3 the name of the State of Nevada.
16-4 2. The action must be tried in Carson City or Clark County
16-5 unless the court, with the consent of the Attorney General, orders
16-6 a change of place of trial.
16-7 3. The Attorney General shall prosecute the action, and the
16-8 provisions of NRS, the Nevada Rules of Civil Procedure and the
16-9 Nevada Rules of Appellate Procedure relating to service of
16-10 summons, pleadings, proofs, trials and appeals are applicable to
16-11 the proceedings.
16-12 Sec. 59. 1. If any amount in excess of $25 has been
16-13 illegally determined, either by the person filing the return or by the
16-14 Department, the Department shall certify this fact to the State
16-15 Board of Examiners, and the latter shall authorize the
16-16 cancellation of the amount upon the records of the Department.
16-17 2. If an amount not exceeding $25 has been illegally
16-18 determined, either by the person filing a return or by the
16-19 Department, the Department, without certifying this fact to
16-20 the State Board of Examiners, shall authorize the cancellation of
16-21 the amount upon the records of the Department.
16-22 Sec. 60. The Department shall:
16-23 1. Administer and enforce the provisions of this chapter and
16-24 may adopt regulations relating to the administration and
16-25 enforcement of this chapter.
16-26 2. Deposit all taxes, interest and penalties it receives pursuant
16-27 to this chapter in the State Treasury for credit to the State General
16-28 Fund.
16-29 Sec. 61. The Department may employ accountants, auditors,
16-30 investigators, assistants and clerks necessary for the efficient
16-31 administration of this chapter, and may delegate authority to its
16-32 representatives to conduct hearings, adopt regulations or perform
16-33 any other duties imposed by this chapter.
16-34 Sec. 62. 1. Every provider of service in this state not
16-35 exempted from the tax imposed by this chapter shall keep records,
16-36 receipts, invoices and other pertinent papers in such form as the
16-37 Department may require.
16-38 2. Every such provider of service who files the returns
16-39 required under this chapter shall keep the records for not less than
16-40 4 years after their making unless the Department in writing sooner
16-41 authorizes their destruction.
16-42 3. Every such provider of service who fails to file the returns
16-43 required under this chapter shall keep the records for not less than
16-44 8 years after their making unless the Department in writing sooner
16-45 authorizes their destruction.
17-1 Sec. 63. 1. To verify the accuracy of any return filed or, if
17-2 no return is filed by a provider of service, to determine the amount
17-3 required to be paid, the Department, or any person authorized in
17-4 writing by the Department, may examine the books, papers and
17-5 records of any person who may be liable for a tax imposed by this
17-6 chapter.
17-7 2. Any person who may be liable for a tax imposed by this
17-8 chapter and who keeps outside of this state any books, papers and
17-9 records relating thereto shall pay to the Department an amount
17-10 equal to the allowance provided for state officers and employees
17-11 generally while traveling outside of the State for each day or
17-12 fraction thereof during which an employee of the Department is
17-13 engaged in examining those documents, plus any other actual
17-14 expenses incurred by the employee while he is absent from his
17-15 regular place of employment to examine those documents.
17-16 Sec. 64. 1. Except as otherwise provided in this section, it is
17-17 a misdemeanor for any member of the Commission or officer,
17-18 agent or employee of the Department to make known in any
17-19 manner whatever the business affairs, operations or information
17-20 obtained by an investigation of records and equipment of any
17-21 person who is the subject of the provisions of this chapter or any
17-22 other person visited or examined in the discharge of official duty,
17-23 or the amount or source of income, profits, losses, expenditures or
17-24 any particular of them, set forth or disclosed in any return, or to
17-25 permit any return or copy of a return, or any book containing any
17-26 abstract or particulars of it to be seen or examined by any person
17-27 not connected with the Department.
17-28 2. The Governor may, by general or special order, authorize
17-29 the examination of the records maintained by the Department
17-30 under this chapter by other state officers, by tax officers of
17-31 another state, by the Federal Government, if a reciprocal
17-32 arrangement exists, or by any other person. The information so
17-33 obtained may not be made public except to the extent and in the
17-34 manner that the order may authorize that it be made public.
17-35 3. Upon written request made by a public officer of a local
17-36 government, the Executive Director shall furnish from the records
17-37 of the Department, the name and address of any person subject to
17-38 the provisions of this chapter who must file a return with the
17-39 Department. The request must set forth the social security number
17-40 of the person about whom the request is made and contain a
17-41 statement signed by the proper authority of the local government
17-42 certifying that the request is made to allow the proper authority to
17-43 enforce a law to recover a debt or obligation owed to the local
17-44 government. The information obtained by the local government is
17-45 confidential and may not be used or disclosed for any purpose
18-1 other than the collection of a debt or obligation owed to that local
18-2 government. The Executive Director may charge a reasonable fee
18-3 for the cost of providing the requested information.
18-4 4. Successors, receivers, trustees, executors, administrators,
18-5 assignees and guarantors, if directly interested, may be given
18-6 information as to the items included in the measure and amounts
18-7 of any unpaid tax or amounts of tax required to be collected,
18-8 interest and penalties.
18-9 5. Relevant information may be disclosed as evidence in an
18-10 appeal by the provider of service from a determination of tax due.
18-11 6. At any time after a determination, decision or order of the
18-12 Executive Director or other officer of the Department imposing
18-13 upon a person a penalty for fraud or intent to evade the tax
18-14 imposed by this chapter becomes final or is affirmed by the
18-15 Commission, any member of the Commission or officer, agent or
18-16 employee of the Department may publicly disclose the identity of
18-17 that person and the amount of tax assessed and penalties imposed
18-18 against him.
18-19 Sec. 65. Any provider of service subject to taxation under
18-20 this chapter who fails or refuses to furnish any return required to
18-21 be made, or who fails or refuses to furnish a supplemental return
18-22 or other data required by the Department, or who renders a false
18-23 or fraudulent return shall be fined not more than $500 for each
18-24 offense.
18-25 Sec. 66. Any person required to make, render, sign or verify
18-26 any report required under this chapter who makes any false or
18-27 fraudulent return, with intent to defeat or evade the determination
18-28 of an amount due required by law to be made, shall for each
18-29 offense be fined not less than $300 nor more than $5,000, or be
18-30 imprisoned for not more than 1 year in the county jail, or be
18-31 punished by both fine and imprisonment.
18-32 Sec. 67. Any violation of this chapter, except as otherwise
18-33 provided by specific statute, is a misdemeanor.
18-34 Sec. 68. Any prosecution for violation of any of the penal
18-35 provisions of this chapter must be instituted within 3 years after
18-36 the commission of the offense.
18-37 Sec. 69. In the determination of any case arising under this
18-38 chapter, the rule of res judicata is applicable only if the liability
18-39 involved is for the same period as was involved in another case
18-40 previously determined.
18-41 Sec. 70. The remedies of the State provided for in this
18-42 chapter are cumulative, and no action taken by the Department or
18-43 the Attorney General constitutes an election by the State to pursue
18-44 any remedy to the exclusion of any other remedy for which
18-45 provision is made in this chapter.
19-1 Sec. 71. In all proceedings under this chapter, the
19-2 Department may act for and on behalf of the people of the State of
19-3 Nevada.
19-4 Sec. 72. It is the intent of the Legislature that the tax
19-5 imposed pursuant to this chapter must not be increased for a
19-6 period of at least 10 years after January 1, 2004.
19-7 Sec. 73. NRS 360.2935 is hereby amended to read as follows:
19-8 360.2935 Except as otherwise provided in [NRS 361.485,] this
19-9 title, a taxpayer is entitled to receive on any overpayment of taxes,
19-10 after the offset required by NRS 360.320 has been made, a refund
19-11 together with interest at a rate determined pursuant to NRS 17.130.
19-12 No interest is allowed on a refund of any penalties or interest paid
19-13 by a taxpayer.
19-14 Sec. 74. NRS 360.300 is hereby amended to read as follows:
19-15 360.300 1. If a person fails to file a return or the Department
19-16 is not satisfied with the return or returns of any tax, contribution or
19-17 premium or amount of tax, contribution or premium required to be
19-18 paid to the State by any person, in accordance with the applicable
19-19 provisions of this chapter, chapter 362, 364A, 369, 370, 372, 372A,
19-20 374, 377, 377A or 444A of NRS, NRS 482.313, [or] chapter 585 or
19-21 680B of NRS , or sections 2 to 28, inclusive, or 30 to 72, inclusive,
19-22 of this act, as administered or audited by the Department, it may
19-23 compute and determine the amount required to be paid upon the
19-24 basis of:
19-25 (a) The facts contained in the return;
19-26 (b) Any information within its possession or that may come into
19-27 its possession; or
19-28 (c) Reasonable estimates of the amount.
19-29 2. One or more deficiency determinations may be made with
19-30 respect to the amount due for one or for more than one period.
19-31 3. In making its determination of the amount required to be
19-32 paid, the Department shall impose interest on the amount of tax
19-33 determined to be due, calculated at the rate and in the manner set
19-34 forth in NRS 360.417, unless a different rate of interest is
19-35 specifically provided by statute.
19-36 4. The Department shall impose a penalty of 10 percent in
19-37 addition to the amount of a determination that is made in the case of
19-38 the failure of a person to file a return with the Department.
19-39 5. When a business is discontinued, a determination may be
19-40 made at any time thereafter within the time prescribed in NRS
19-41 360.355 as to liability arising out of that business, irrespective of
19-42 whether the determination is issued before the due date of the
19-43 liability.
20-1 Sec. 75. NRS 360.417 is hereby amended to read as follows:
20-2 360.417 Except as otherwise provided in NRS 360.232 and
20-3 360.320, and unless a different penalty or rate of interest is
20-4 specifically provided by statute, any person who fails to pay any tax
20-5 provided for in chapter 362, 364A, 369, 370, 372, 374, 377, 377A,
20-6 444A or 585 of NRS, or sections 2 to 28, inclusive, or 30 to 72,
20-7 inclusive, of this act, or the fee provided for in NRS 482.313, to the
20-8 State or a county within the time required, shall pay a penalty of not
20-9 more than 10 percent of the amount of the tax or fee which is owed,
20-10 as determined by the Department, in addition to the tax or fee, plus
20-11 interest at the rate of 1 percent per month, or fraction of a month,
20-12 from the last day of the month following the period for which the
20-13 amount or any portion of the amount should have been reported
20-14 until the date of payment. The amount of any penalty imposed must
20-15 be based on a graduated schedule adopted by the Nevada Tax
20-16 Commission which takes into consideration the length of time the
20-17 tax or fee remained unpaid.
20-18 Sec. 76. NRS 360.419 is hereby amended to read as follows:
20-19 360.419 1. If the Executive Director or a designated hearing
20-20 officer finds that the failure of a person to make a timely return or
20-21 payment of a tax imposed pursuant to NRS 361.320 , [or chapter
20-22 361A, 376A, 377 or 377A of NRS, or by] chapter 361A, 362, 364A,
20-23 369, 370, 372, 372A, 374, 375A , [or] 375B , 376A 377 or 377A of
20-24 NRS, or sections 2 to 28, inclusive, or 30 to 72, inclusive, of this
20-25 act, is the result of circumstances beyond his control and occurred
20-26 despite the exercise of ordinary care and without intent, the
20-27 Department may relieve him of all or part of any interest or penalty
20-28 or both.
20-29 2. A person seeking this relief must file with the Department a
20-30 statement under oath setting forth the facts upon which he bases his
20-31 claim.
20-32 3. The Department shall disclose, upon the request of any
20-33 person:
20-34 (a) The name of the person to whom relief was granted; and
20-35 (b) The amount of the relief.
20-36 4. The Executive Director or a designated hearing officer shall
20-37 act upon the request of a taxpayer seeking relief pursuant to NRS
20-38 361.4835 which is deferred by a county treasurer or county assessor.
20-39 Sec. 77. NRS 360.510 is hereby amended to read as follows:
20-40 360.510 1. If any person is delinquent in the payment of any
20-41 tax or fee administered by the Department or if a determination has
20-42 been made against him which remains unpaid, the Department may:
20-43 (a) Not later than 3 years after the payment became delinquent
20-44 or the determination became final; or
21-1 (b) Not later than 6 years after the last recording of an abstract
21-2 of judgment or of a certificate constituting a lien for tax
21-3 owed,
21-4 give a notice of the delinquency and a demand to transmit
21-5 personally or by registered or certified mail to any person,
21-6 including, without limitation, any officer or department of this state
21-7 or any political subdivision or agency of this state, who has in his
21-8 possession or under his control any credits or other personal
21-9 property belonging to the delinquent, or owing any debts to the
21-10 delinquent or person against whom a determination has been made
21-11 which remains unpaid, or owing any debts to the delinquent or that
21-12 person. In the case of any state officer, department or agency, the
21-13 notice must be given to the officer, department or agency before
21-14 the Department presents the claim of the delinquent taxpayer to the
21-15 State Controller.
21-16 2. A state officer, department or agency which receives such a
21-17 notice may satisfy any debt owed to it by that person before it
21-18 honors the notice of the Department.
21-19 3. After receiving the demand to transmit, the person notified
21-20 by the demand may not transfer or otherwise dispose of the credits,
21-21 other personal property, or debts in his possession or under his
21-22 control at the time he received the notice until the Department
21-23 consents to a transfer or other disposition.
21-24 4. Every person notified by a demand to transmit shall, within
21-25 10 days after receipt of the demand to transmit, inform the
21-26 Department of, and transmit to the Department all such credits,
21-27 other personal property, or debts in his possession, under his control
21-28 or owing by him within the time and in the manner requested by the
21-29 Department. Except as otherwise provided in subsection 5, no
21-30 further notice is required to be served to that person.
21-31 5. If the property of the delinquent taxpayer consists of a series
21-32 of payments owed to him, the person who owes or controls the
21-33 payments shall transmit the payments to the Department until
21-34 otherwise notified by the Department. If the debt of the delinquent
21-35 taxpayer is not paid within 1 year after the Department issued the
21-36 original demand to transmit, the Department shall issue another
21-37 demand to transmit to the person responsible for making the
21-38 payments informing him to continue to transmit payments to
21-39 the Department or that his duty to transmit the payments to the
21-40 Department has ceased.
21-41 6. If the notice of the delinquency seeks to prevent the transfer
21-42 or other disposition of a deposit in a bank or credit union or other
21-43 credits or personal property in the possession or under the control of
21-44 a bank, credit union or other depository institution, the notice must
21-45 be delivered or mailed to any branch or office of the bank, credit
22-1 union or other depository institution at which the deposit is carried
22-2 or at which the credits or personal property is held.
22-3 7. If any person notified by the notice of the delinquency
22-4 makes any transfer or other disposition of the property or debts
22-5 required to be withheld or transmitted, to the extent of the value of
22-6 the property or the amount of the debts thus transferred or paid, he is
22-7 liable to the State for any indebtedness due pursuant to this chapter,
22-8 [or] chapter 362, 364A, 369, 370, 372, 372A, 374, 377, 377A or
22-9 444A of NRS, NRS 482.313, [or] chapter 585 or 680B of NRS , or
22-10 sections 2 to 28, inclusive, or 30 to 72, inclusive, of this act from
22-11 the person with respect to whose obligation the notice was given if
22-12 solely by reason of the transfer or other disposition the State is
22-13 unable to recover the indebtedness of the person with respect to
22-14 whose obligation the notice was given.
22-15 Sec. 78. NRS 361.186 is hereby amended to read as follows:
22-16 361.186 1. A taxpayer may collect an admission fee for the
22-17 exhibition of fine art otherwise exempt from taxation pursuant to
22-18 NRS 361.068 if the taxpayer offers to residents of the State of
22-19 Nevada a discount of 50 percent from any admission fee charged to
22-20 nonresidents. The discounted admission fee for residents must be
22-21 offered at any time the exhibition is open to the public and
22-22 admission fees are being charged.
22-23 2. Except as otherwise provided in subsection 5, if a taxpayer
22-24 collects a fee for the exhibition of fine art otherwise exempt from
22-25 taxation pursuant to NRS 361.068, the exemption pertaining to that
22-26 fine art for the fiscal year must be reduced by the net revenue
22-27 derived by the taxpayer for that fiscal year. The exemption
22-28 pertaining to fine art for a particular fiscal year must not be reduced
22-29 below zero, regardless of the amount of the net revenue derived by
22-30 the taxpayer for that fiscal year.
22-31 3. A tax resulting from the operation of this section is due with
22-32 the tax otherwise due under the taxpayer’s first statement filed
22-33 pursuant to NRS 361.265 after the 15th day of the fourth month
22-34 after the end of the fiscal year in which the net revenue was received
22-35 or, if no such statement is required to be filed, under a statement of
22-36 the net revenue filed on or before the last day of the fourth month
22-37 after the end of that fiscal year.
22-38 4. A taxpayer who is required to pay a tax resulting from the
22-39 operation of this section may receive a credit against the tax for any
22-40 donations made by the taxpayer to the State Arts Council, the
22-41 Division of Museums and History Dedicated Trust Fund established
22-42 pursuant to NRS 381.0031, a museum that provides exhibits
22-43 specifically related to nature or a museum that provides exhibits
22-44 specifically related to children, if the taxpayer:
23-1 (a) Made the donation before the date that either statement
23-2 required pursuant to subsection 3 is due; and
23-3 (b) Provides to the county assessor documentation of the
23-4 donation at the time that he files the statement required pursuant to
23-5 subsection 3.
23-6 5. If a taxpayer qualifies for and avails himself of both of the
23-7 exemptions from taxation provided by NRS 361.068 and 374.291,
23-8 the reduction of the exemptions by the net revenue derived by the
23-9 taxpayer, as required pursuant to subsection 2 of this section and
23-10 subsection 2 of NRS 374.2911, must be carried out in such a manner
23-11 that the total net revenue derived by the taxpayer is first applied to
23-12 reduce the exemption provided pursuant to NRS 374.291. If the net
23-13 revenue exceeds the amount of the exemption provided pursuant to
23-14 NRS 374.291, the remaining net revenue must be applied to reduce
23-15 the exemption provided pursuant to NRS 361.068. If the net revenue
23-16 is less than or equal to the exemption provided pursuant to NRS
23-17 374.291 for that fiscal year, the exemption provided pursuant to
23-18 NRS 361.068 must not be reduced.
23-19 6. For the purposes of this section:
23-20 (a) “Direct costs of owning and exhibiting the fine art” does not
23-21 include any allocation of the general and administrative expense of a
23-22 business or organization that conducts activities in addition to the
23-23 operation of the facility in which the fine art is displayed, including,
23-24 without limitation, an allocation of the salary and benefits of a
23-25 senior executive who is responsible for the oversight of the facility
23-26 in which the fine art is displayed and who has substantial
23-27 responsibilities related to the other activities of the business or
23-28 organization.
23-29 (b) “Net revenue” means the amount of the fees collected for
23-30 exhibiting the fine art during that fiscal year less the following paid
23-31 or made during that fiscal year:
23-32 (1) Any taxes on those fees imposed pursuant to section 11
23-33 of this act;
23-34 (2) The direct costs of owning and exhibiting the fine art; and
23-35 [(2)] (3) The cost of educational programs associated with
23-36 the taxpayer’s public display of fine art, including the cost of
23-37 meeting the requirements of sub-subparagraph (IV) of subparagraph
23-38 (1) of paragraph (b) of subsection [5] 4 of NRS 361.068.
23-39 Sec. 79. Chapter 364A of NRS is hereby amended by adding
23-40 thereto the provisions set forth as sections 80 and 81 of this act.
23-41 Sec. 80. 1. Each business license issued pursuant to NRS
23-42 364A.130 expires 1 year after the last day of the calendar month in
23-43 which it was issued and must be renewed on or before that date.
23-44 2. A business license may be renewed by the holder thereof
23-45 upon the payment of a renewal fee of $50.
24-1 3. If the holder of a business license fails to pay the annual
24-2 renewal fee before the expiration of his business license, the
24-3 business license may be reinstated upon the payment of a
24-4 reinstatement fee of $50 in addition to the annual renewal fee. A
24-5 business license may be reinstated pursuant to this subsection only
24-6 if the fees are paid within 1 year after the business license expires.
24-7 Sec. 81. It is the intent of the Legislature that the tax
24-8 imposed by the provisions of this chapter must not be increased for
24-9 a period of at least 10 years after July 1, 2003.
24-10 Sec. 82. NRS 364A.040 is hereby amended to read as follows:
24-11 364A.040 1. “Employee” includes:
24-12 (a) A natural person who receives wages or other remuneration
24-13 from a business for personal services, including commissions and
24-14 bonuses and remuneration payable in a medium other than cash; and
24-15 (b) A natural person engaged in the operation of a business.
24-16 2. The term includes:
24-17 (a) A sole proprietor or any partner or other co-owner of a
24-18 business; and
24-19 (b) Except as otherwise provided in subsection 3, a natural
24-20 person reported as an employee to the:
24-21 (1) Employment Security Division of the Department of
24-22 Employment, Training and Rehabilitation;
24-23 (2) Administrator of the Division of Industrial Relations of
24-24 the Department of Business and Industry; or
24-25 (3) Internal Revenue Service on an Employer’s Quarterly
24-26 Federal Tax Return (Form 941), Employer’s Monthly Federal Tax
24-27 Return (Form 941-M), Employer’s Annual Tax Return for
24-28 Agricultural Employees (Form 943) or any equivalent or successor
24-29 form.
24-30 3. The term does not include:
24-31 (a) A business, including an independent contractor, that
24-32 performs services on behalf of another business.
24-33 (b) A natural person who is retired or otherwise receiving
24-34 remuneration solely because of past service to the business.
24-35 (c) A natural person whose activity is to care for children in
24-36 one household at a time.
24-37 (d) A newspaper carrier or the immediate supervisor of a
24-38 newspaper carrier who is an independent contractor of the
24-39 newspaper and receives compensation solely from persons who
24-40 purchase the newspaper.
24-41 [(d)] (e) A natural person who performs all of his duties for the
24-42 business outside of this state.
24-43 4. An independent contractor is not an employee of a business
24-44 with whom he contracts.
25-1 Sec. 83. NRS 364A.130 is hereby amended to read as follows:
25-2 364A.130 1. Except as otherwise provided in subsection 6, a
25-3 person shall not conduct a business in this state unless he has a
25-4 business license issued by the Department.
25-5 2. The application for a business license must:
25-6 (a) Be made upon a form prescribed by the Department;
25-7 (b) Set forth the name under which the applicant transacts or
25-8 intends to transact business and the location of his place or places of
25-9 business;
25-10 (c) Declare the estimated number of employees for the previous
25-11 calendar quarter;
25-12 (d) Be accompanied by a fee of [$25;] $50; and
25-13 (e) Include any other information that the Department deems
25-14 necessary.
25-15 3. The application must be signed by:
25-16 (a) The owner, if the business is owned by a natural person;
25-17 (b) A member or partner, if the business is owned by an
25-18 association or partnership; or
25-19 (c) An officer or some other person specifically authorized to
25-20 sign the application, if the business is owned by a corporation.
25-21 4. If the application is signed pursuant to paragraph (c) of
25-22 subsection 3, written evidence of the signer’s authority must be
25-23 attached to the application.
25-24 5. For the purposes of this chapter, a person shall be deemed to
25-25 conduct a business in this state if a business for which the person is
25-26 responsible:
25-27 (a) Is [incorporated] formed pursuant to [chapter 78 or 78A] title
25-28 7 of NRS;
25-29 (b) Has an office or other base of operations in this state; or
25-30 (c) Pays wages or other remuneration to a natural person who
25-31 performs in this state any of the duties for which he is paid.
25-32 6. A person who takes part in a trade show or convention held
25-33 in this state for a purpose related to the conduct of a business is not
25-34 required to obtain a business license specifically for that event.
25-35 Sec. 84. NRS 364A.140 is hereby amended to read as follows:
25-36 364A.140 1. A tax is hereby imposed upon the privilege of
25-37 conducting business in this state. Except as otherwise provided in
25-38 this section, the tax for each calendar quarter is due on the last day
25-39 of the quarter and must be paid on or before the last day of the
25-40 month immediately following the quarter on the basis of the total
25-41 number of equivalent full-time employees employed by the business
25-42 in the quarter.
25-43 2. If the tax required to be paid by a business for a calendar
25-44 quarter pursuant to subsection 1 is less than $25, the business may
25-45 submit a written request to the Department to pay the tax annually
26-1 for each calendar quarter of a fiscal year ending June 30. Upon
26-2 approval of the request, the tax becomes due on the last day of the
26-3 fiscal year and must be paid on or before the last day of July
26-4 immediately following the fiscal year. If a business ceases operation
26-5 before the end of the fiscal year, the tax becomes due on the date on
26-6 which the business ceases its operation and must be paid on or
26-7 before the last day of the month immediately following the calendar
26-8 quarter in which the business ceases its operation. A business may
26-9 continue to pay the tax annually until the Department withdraws its
26-10 approval for the annual payment. The Department may withdraw its
26-11 approval at any time if it determines that the tax due for any
26-12 calendar quarter is at least $25.
26-13 3. The total number of equivalent full-time employees
26-14 employed by a business in a quarter must be calculated pursuant to
26-15 NRS 364A.150.
26-16 4. Except as otherwise provided in NRS 364A.152 and
26-17 364A.170, the amount of tax due for a business for each calendar
26-18 quarter is [$25] $50 for each equivalent full-time employee
26-19 employed by the business in the quarter.
26-20 5. Each business shall file a return on a form prescribed by the
26-21 Department with each remittance of the tax. If the payment due is
26-22 greater than $1,000, the payment must be made by direct deposit at
26-23 a bank or credit union in which the State has an account, unless the
26-24 Department waives this requirement pursuant to regulations adopted
26-25 by the Commission. The return must include:
26-26 (a) If the tax is paid quarterly, a statement of the number of
26-27 equivalent full-time employees employed by the business in the
26-28 preceding quarter and any other information the Department
26-29 determines is necessary.
26-30 (b) If the tax is paid annually, a statement of the number of
26-31 equivalent full-time employees employed by the business for each
26-32 calendar quarter of the preceding fiscal year and any other
26-33 information the Department determines is necessary.
26-34 6. The Commission shall adopt regulations concerning the
26-35 payment of the tax imposed pursuant to this section by direct
26-36 deposit.
26-37 Sec. 85. NRS 364A.150 is hereby amended to read as follows:
26-38 364A.150 1. The total number of equivalent full-time
26-39 employees employed by a business in a quarter must be calculated
26-40 by dividing the total number of hours all employees have worked
26-41 during the quarter by 468.
26-42 2. To determine the total number of hours all employees have
26-43 worked during the quarter, the business must add the total number
26-44 of hours worked by full-time employees based in this state during
26-45 the quarter to the total number of hours worked by part-time
27-1 employees based in this state during the quarter and to the total
27-2 number of hours worked in this state by employees described in
27-3 subsection 6. A “full-time employee” is a person who is employed
27-4 to work at least 36 hours per week. All other employees are part-
27-5 time employees. An occasional reduction in the number of hours
27-6 actually worked in any week by a particular employee, as the result
27-7 of sickness, vacation or other compensated absence, does not affect
27-8 his status for the purposes of this section if his regular hours of work
27-9 are 36 or more per week. All hours for which a part-time employee
27-10 is paid must be included.
27-11 3. Except as otherwise provided in subsection 7, the total
27-12 number of hours worked by full-time employees of a business
27-13 during the quarter may be calculated by:
27-14 (a) Determining from the records of the business the number of
27-15 hours each full-time employee has worked during the quarter up to a
27-16 maximum of 468 hours per quarter and totaling the results; or
27-17 (b) Multiplying 7.2 hours by the number of days each full-time
27-18 employee was employed by the business up to a maximum of 65
27-19 days per quarter and totaling the results.
27-20 4. Except as otherwise provided in subsection 7, the total
27-21 number of hours worked by part-time employees of a business
27-22 during the quarter must be calculated by determining from the
27-23 records of the business the number of hours each part-time
27-24 employee has worked during the quarter and totaling the results.
27-25 5. The total number of hours all employees have worked
27-26 during the quarter must be calculated [excluding] , including the
27-27 hours worked by a sole proprietor or one natural person in any
27-28 unincorporated business . [, who shall be deemed the owner of the
27-29 business rather than an employee.]
27-30 6. To determine the total number of hours all employees have
27-31 worked during the quarter, in the case of a business which employs
27-32 a natural person at a base or business location outside Nevada, but
27-33 directs that person to perform at least some of his duties in Nevada,
27-34 the calculation must include the total number of hours actually
27-35 worked by that person in Nevada during the quarter. To calculate
27-36 the number of hours worked in Nevada, the formula in paragraph (b)
27-37 of subsection 3 must be used for full-time employees, and the
27-38 formula in subsection 4 must be used for part-time employees.
27-39 7. Except as otherwise provided in subsection 8, if a business
27-40 employs in a calendar quarter a person whose monthly income for
27-41 that calendar quarter is 150 percent or less of the federally
27-42 designated level signifying poverty, the business may exclude the
27-43 total number of hours which the employee worked during that
27-44 calendar quarter in calculating the total number of hours worked by
28-1 employees of the business during the quarter if the business
28-2 provided to the employee for the whole calendar quarter:
28-3 (a) Free child care for the children of the employee at an on-site
28-4 child care facility; or
28-5 (b) One or more vouchers for use by the employee to pay the
28-6 total cost of child care for the calendar quarter at a licensed child
28-7 care facility that is within a reasonable distance from the business.
28-8 8. The number of hours excluded pursuant to subsection 7 must
28-9 not reduce the total tax liability of the business by more than 50
28-10 percent.
28-11 9. As used in this section, the term “on-site child care facility”
28-12 has the meaning ascribed to it in NRS 432A.0275.
28-13 Sec. 86. Chapter 369 of NRS is hereby amended by adding
28-14 thereto a new section to read as follows:
28-15 It is the intent of the Legislature that the taxes imposed by the
28-16 provisions of this chapter must not be increased for a period of at
28-17 least 10 years after July 1, 2003.
28-18 Sec. 87. NRS 369.174 is hereby amended to read as follows:
28-19 369.174 Each month, the State Controller shall transfer to the
28-20 Tax on Liquor Program Account in the State General Fund, from the
28-21 tax on liquor containing more than 22 percent of alcohol by volume,
28-22 the portion of the tax which exceeds [$1.90] $3.95 per wine gallon.
28-23 Sec. 88. NRS 369.330 is hereby amended to read as follows:
28-24 369.330 Except as otherwise provided in this chapter, an excise
28-25 tax is hereby levied and must be collected respecting all liquor and
28-26 upon the privilege of importing, possessing, storing or selling liquor,
28-27 according to the following rates and classifications:
28-28 1. On liquor containing more than 22 percent of alcohol by
28-29 volume, [$2.05] $4.10 per wine gallon or proportionate part thereof.
28-30 2. On liquor containing more than 14 percent up to and
28-31 including 22 percent of alcohol by volume, [75 cents] $1.50 per
28-32 wine gallon or proportionate part thereof.
28-33 3. On liquor containing from one-half of 1 percent up to and
28-34 including 14 percent of alcohol by volume, [40] 80 cents per wine
28-35 gallon or proportionate part thereof.
28-36 4. On all malt beverage liquor brewed or fermented and bottled
28-37 in or outside this state, [9] 18 cents per gallon.
28-38 Sec. 89. Chapter 370 of NRS is hereby amended by adding
28-39 thereto a new section to read as follows:
28-40 It is the intent of the Legislature that the tax imposed by the
28-41 provisions of this chapter must not be increased for a period of at
28-42 least 10 years after July 1, 2004.
28-43 Sec. 90. NRS 370.165 is hereby amended to read as follows:
28-44 370.165 There is hereby levied a tax upon the purchase or
28-45 possession of cigarettes by a consumer in the State of Nevada at the
29-1 rate of [17.5] 30 mills per cigarette. The tax may be represented and
29-2 precollected by the affixing of a revenue stamp or other approved
29-3 evidence of payment to each package, packet or container in which
29-4 cigarettes are sold. The tax must be precollected by the wholesale or
29-5 retail dealer, and must be recovered from the consumer by adding
29-6 the amount of the tax to the selling price. Each person who sells
29-7 cigarettes at retail shall prominently display on his premises a notice
29-8 that the tax is included in the selling price and is payable under the
29-9 provisions of this chapter.
29-10 Sec. 91. NRS 370.165 is hereby amended to read as follows:
29-11 370.165 There is hereby levied a tax upon the purchase or
29-12 possession of cigarettes by a consumer in the State of Nevada at the
29-13 rate of [30] 37.5 mills per cigarette. The tax may be represented and
29-14 precollected by the affixing of a revenue stamp or other approved
29-15 evidence of payment to each package, packet or container in which
29-16 cigarettes are sold. The tax must be precollected by the wholesale or
29-17 retail dealer, and must be recovered from the consumer by adding
29-18 the amount of the tax to the selling price. Each person who sells
29-19 cigarettes at retail shall prominently display on his premises a notice
29-20 that the tax is included in the selling price and is payable under the
29-21 provisions of this chapter.
29-22 Sec. 92. NRS 370.260 is hereby amended to read as follows:
29-23 370.260 1. All taxes and license fees imposed by the
29-24 provisions of NRS 370.001 to 370.430, inclusive, less any refunds
29-25 granted as provided by law, must be paid to the Department in the
29-26 form of remittances payable to the Department.
29-27 2. The Department shall:
29-28 (a) As compensation to the State for the costs of collecting the
29-29 taxes and license fees, transmit each month the sum the Legislature
29-30 specifies from the remittances made to it pursuant to subsection 1
29-31 during the preceding month to the State Treasurer for deposit to the
29-32 credit of the Department. The deposited money must be expended
29-33 by the Department in accordance with its work program.
29-34 (b) From the remittances made to it pursuant to subsection 1
29-35 during the preceding month, less the amount transmitted pursuant to
29-36 paragraph (a), transmit each month the portion of the tax which is
29-37 equivalent to [12.5] 25 mills per cigarette to the State Treasurer for
29-38 deposit to the credit of the Account for the Tax on Cigarettes in the
29-39 State General Fund.
29-40 (c) Transmit the balance of the payments each month to the
29-41 State Treasurer for deposit in the Local Government Tax
29-42 Distribution Account created by NRS 360.660.
29-43 (d) Report to the State Controller monthly the amount of
29-44 collections.
30-1 3. The money deposited pursuant to paragraph (c) of
30-2 subsection 2 in the Local Government Tax Distribution Account is
30-3 hereby appropriated to Carson City andto each of the counties in
30-4 proportion to their respective populations and must be credited to
30-5 the respective accounts of Carson City and each county.
30-6 Sec. 93. NRS 370.260 is hereby amended to read as follows:
30-7 370.260 1. All taxes and license fees imposed by the
30-8 provisions of NRS 370.001 to 370.430, inclusive, less any refunds
30-9 granted as provided by law, must be paid to the Department in the
30-10 form of remittances payable to the Department.
30-11 2. The Department shall:
30-12 (a) As compensation to the State for the costs of collecting the
30-13 taxes and license fees, transmit each month the sum the Legislature
30-14 specifies from the remittances made to it pursuant to subsection 1
30-15 during the preceding month to the State Treasurer for deposit to the
30-16 credit of the Department. The deposited money must be expended
30-17 by the Department in accordance with its work program.
30-18 (b) From the remittances made to it pursuant to subsection 1
30-19 during the preceding month, less the amount transmitted pursuant to
30-20 paragraph (a), transmit each month the portion of the tax which is
30-21 equivalent to [25] 32.5 mills per cigarette to the State Treasurer for
30-22 deposit to the credit of the Account for the Tax on Cigarettes in the
30-23 State General Fund.
30-24 (c) Transmit the balance of the payments each month to the
30-25 State Treasurer for deposit in the Local Government Tax
30-26 Distribution Account created by NRS 360.660.
30-27 (d) Report to the State Controller monthly the amount of
30-28 collections.
30-29 3. The money deposited pursuant to paragraph (c) of
30-30 subsection 2 in the Local Government Tax Distribution Account is
30-31 hereby appropriated to Carson City andto each of the counties in
30-32 proportion to their respective populations and must be credited to
30-33 the respective accounts of Carson City and each county.
30-34 Sec. 94. NRS 370.350 is hereby amended to read as follows:
30-35 370.350 1. Except as otherwise provided in subsection 3, a
30-36 tax is hereby levied and imposed upon the use of cigarettes in this
30-37 state.
30-38 2. The amount of the use tax is [17.5] 30 mills per cigarette.
30-39 3. The use tax does not apply where:
30-40 (a) Nevada cigarette revenue stamps have been affixed to
30-41 cigarette packages as required by law.
30-42 (b) Tax exemption is provided for in this chapter.
31-1 Sec. 95. NRS 370.350 is hereby amended to read as follows:
31-2 370.350 1. Except as otherwise provided in subsection 3, a
31-3 tax is hereby levied and imposed upon the use of cigarettes in this
31-4 state.
31-5 2. The amount of the use tax is [30] 37.5 mills per cigarette.
31-6 3. The use tax does not apply where:
31-7 (a) Nevada cigarette revenue stamps have been affixed to
31-8 cigarette packages as required by law.
31-9 (b) Tax exemption is provided for in this chapter.
31-10 Sec. 96. NRS 372.220 is hereby amended to read as follows:
31-11 372.220 1. Every retailer who sells tangible personal
31-12 property for storage, use or other consumption in this state shall
31-13 register with the Department and give:
31-14 [1.] (a) The name and address of all agents operating in this
31-15 state.
31-16 [2.] (b) The location of all distribution or sales houses or offices
31-17 or other places of business in this state.
31-18 [3.] (c) Such other information as the Department may require.
31-19 2. Every business that purchases tangible personal property
31-20 for storage, use or other consumption in this state shall, at the
31-21 time he obtains a business license pursuant to NRS 364A.130,
31-22 register with the Department on a form prescribed by the
31-23 Department. As used in this section, “business” has the meaning
31-24 ascribed to it in NRS 364A.020.
31-25 Sec. 97. NRS 374.2911 is hereby amended to read as follows:
31-26 374.2911 1. A taxpayer may collect an admission fee for the
31-27 exhibition of fine art otherwise exempt from taxation on its sale,
31-28 storage, use or other consumption pursuant to NRS 374.291 if the
31-29 taxpayer offers to residents of the State of Nevada a discount of 50
31-30 percent from any admission fee charged to nonresidents. The
31-31 discounted admission fee for residents must be offered at any time
31-32 the exhibition is open to the public and admission fees are being
31-33 charged.
31-34 2. If a taxpayer collects a fee for the exhibition of fine art
31-35 otherwise exempt from taxation on its sale, storage, use or other
31-36 consumption pursuant to NRS 374.291 and the fee is collected
31-37 during the first full fiscal year after the purchase of the fine art, the
31-38 exemption pertaining to that fine art must be reduced by the net
31-39 revenue derived by the taxpayer for that first full fiscal year. The
31-40 exemption pertaining to fine art must not be reduced below zero,
31-41 regardless of the amount of the net revenue derived by the taxpayer
31-42 for that first full fiscal year.
31-43 3. Any tax due pursuant to this section must be paid with the
31-44 first sales and use tax return otherwise required to be filed by the
31-45 taxpayer following the 15th day of the fourth month after the end of
32-1 the first full fiscal year following the purchase of the fine art or, if
32-2 no sales and use tax return is otherwise required to be filed by the
32-3 taxpayer, with a sales and use tax return filed specifically for this
32-4 purpose on or before the last day of the fourth month after the end of
32-5 the first full fiscal year following the purchase of the fine art.
32-6 4. A taxpayer who is required to pay a tax resulting from the
32-7 operation of this section may receive a credit against the tax for any
32-8 donations made by the taxpayer to the State Arts Council, the
32-9 Division of Museums and History Dedicated Trust Fund established
32-10 pursuant to NRS 381.0031, a museum that provides exhibits
32-11 specifically related to nature or a museum that provides exhibits
32-12 specifically related to children, if the taxpayer:
32-13 (a) Made the donation before the date that either return required
32-14 pursuant to subsection 3 is due; and
32-15 (b) Provides the Department documentation of the donation at
32-16 the time that he files the return required pursuant to subsection 3.
32-17 5. For the purposes of this section:
32-18 (a) “Direct costs of owning and exhibiting the fine art” does not
32-19 include any allocation of the general and administrative expense of a
32-20 business or organization that conducts activities in addition to the
32-21 operation of the facility in which the fine art is displayed, including,
32-22 without limitation, an allocation of the salary and benefits of a
32-23 senior executive who is responsible for the oversight of the facility
32-24 in which the fine art is displayed and who has substantial
32-25 responsibilities related to the other activities of the business or
32-26 organization.
32-27 (b) “Net revenue” means the amount of the fees collected for
32-28 exhibiting the fine art during the fiscal year less the following paid
32-29 or made during the fiscal year:
32-30 (1) Any taxes on those fees imposed pursuant to section 11
32-31 of this act;
32-32 (2) The direct costs of owning and exhibiting the fine art; and
32-33 [(2)] (3) The cost of educational programs associated with
32-34 the taxpayer’s public display of fine art, including the cost of
32-35 meeting the requirements of subsubparagraph (IV) of subparagraph
32-36 (1) of paragraph (a) of subsection 4 of NRS 374.291.
32-37 Sec. 98. NRS 14.030 is hereby amended to read as follows:
32-38 14.030 1. If any artificial person described in NRS 14.020
32-39 fails to appoint a resident agent, or fails to file a certificate of
32-40 acceptance of appointment for 30 days after a vacancy occurs in the
32-41 agency, on the production of a certificate of the Secretary of State
32-42 showing either fact, which is conclusive evidence of the fact so
32-43 certified to be made a part of the return of service, the artificial
32-44 person may be served with any and all legal process, or a demand or
32-45 notice described in NRS 14.020, by delivering a copy to the
33-1 Secretary of State[,] or, in his absence, to any deputy secretary of
33-2 state, and such service is valid to all intents and purposes. The copy
33-3 must:
33-4 (a) Include a specific citation to the provisions of this section.
33-5 The Secretary of State may refuse to accept such service if the
33-6 proper citation is not included.
33-7 (b) Be accompanied by a fee of [$10.] $15.
33-8 The Secretary of State shall keep a copy of the legal process
33-9 received pursuant to this section in his office for at least 1 year after
33-10 receipt thereof and shall make those records available for public
33-11 inspection during normal business hours.
33-12 2. In all cases of such service, the defendant has 40 days,
33-13 exclusive of the day of service, within which to answer or plead.
33-14 3. Before such service is authorized, the plaintiff shall make or
33-15 cause to be made and filed an affidavit setting forth the facts,
33-16 showing that due diligence has been used to ascertain the
33-17 whereabouts of the officers of the artificial person to be served, and
33-18 the facts showing that direct or personal service on, or notice to, the
33-19 artificial person cannot be had.
33-20 4. If it appears from the affidavit that there is a last known
33-21 address of the artificial person or any known officers thereof, the
33-22 plaintiff shall, in addition to and after such service on the Secretary
33-23 of State, mail or cause to be mailed to the artificial person or to the
33-24 known officer, at such address, by registered or certified mail, a
33-25 copy of the summons and a copy of the complaint, and in all such
33-26 cases the defendant has 40 days after the date of the mailing within
33-27 which to appear in the action.
33-28 5. This section provides an additional manner of serving
33-29 process, and does not affect the validity of any other valid service.
33-30 Sec. 99. NRS 78.760 is hereby amended to read as follows:
33-31 78.760 1. The fee for filing articles of incorporation is
33-32 prescribed in the following schedule:
33-33 If the amount represented by the total number of shares
33-34 provided for in the articles is:
33-35 $75,000 or less................................ $175
33-36 Over $75,000 and not over $200,000225
33-37 Over $200,000 and not over $500,000325
33-38 Over $500,000 and not over $1,000,000425
33-39 Over $1,000,000:
33-40 For the first $1,000,000................. 425
33-41 For each additional $500,000 or fraction thereof 225
33-42 2. The maximum fee which may be charged pursuant to this
33-43 section is [$25,000] $37,500 for:
34-1 (a) The original filing of articles of incorporation.
34-2 (b) A subsequent filing of any instrument which authorizes an
34-3 increase in stock.
34-4 3. For the purposes of computing the filing fees according to
34-5 the schedule in subsection 1, the amount represented by the total
34-6 number of shares provided for in the articles of incorporation is:
34-7 (a) The aggregate par value of the shares, if only shares with a
34-8 par value are therein provided for;
34-9 (b) The product of the number of shares multiplied by $1,
34-10 regardless of any lesser amount prescribed as the value or
34-11 consideration for which shares may be issued and disposed of, if
34-12 only shares without par value are therein provided for; or
34-13 (c) The aggregate par value of the shares with a par value plus
34-14 the product of the number of shares without par value multiplied by
34-15 $1, regardless of any lesser amount prescribed as the value or
34-16 consideration for which the shares without par value may be issued
34-17 and disposed of, if shares with and without par value are therein
34-18 provided for.
34-19 For the purposes of this subsection, shares with no prescribed par
34-20 value shall be deemed shares without par value.
34-21 4. The Secretary of State shall calculate filing fees pursuant to
34-22 this section with respect to shares with a par value of less than one-
34-23 tenth of a cent as if the par value were one-tenth of a cent.
34-24 Sec. 100. NRS 78.795 is hereby amended to read as follows:
34-25 78.795 1. Any natural person or corporation residing or
34-26 located in this state may, on or after January 1 of any year but before
34-27 January 31 of that year, register his willingness to serve as the
34-28 resident agent of a domestic or foreign corporation, limited-liability
34-29 company or limited partnership with the Secretary of State. The
34-30 registration must be accompanied by a fee of [$250] $375 per office
34-31 location of the resident agent.
34-32 2. The Secretary of State shall maintain a list of those persons
34-33 who are registered pursuant to subsection 1 and make the list
34-34 available to persons seeking to do business in this state.
34-35 Sec. 101. NRS 80.050 is hereby amended to read as follows:
34-36 80.050 1. Except as otherwise provided in subsection 3,
34-37 foreign corporations shall pay the same fees to the Secretary of State
34-38 as are required to be paid by corporations organized pursuant to the
34-39 laws of this state, but the amount of fees to be charged must not
34-40 exceed:
34-41 (a) The sum of [$25,000] $37,500 for filing documents for
34-42 initial qualification; or
34-43 (b) The sum of [$25,000] $37,500 for each subsequent filing of
34-44 a certificate increasing authorized capital stock.
35-1 2. If the corporate documents required to be filed set forth only
35-2 the total number of shares of stock the corporation is authorized to
35-3 issue without reference to value, the authorized shares shall be
35-4 deemed to be without par value and the filing fee must be computed
35-5 pursuant to paragraph (b) of subsection 3 of NRS 78.760.
35-6 3. Foreign corporations which are nonprofit corporations and
35-7 do not have or issue shares of stock shall pay the same fees to the
35-8 Secretary of State as are required to be paid by nonprofit
35-9 corporations organized pursuant to the laws of this state.
35-10 4. The fee for filing a notice of withdrawal from the State of
35-11 Nevada by a foreign corporation is $60.
35-12 Sec. 102. NRS 80.110 is hereby amended to read as follows:
35-13 80.110 1. Each foreign corporation doing business in this
35-14 state shall, on or before the first day of the second month after the
35-15 filing of its certificate of corporate existence with the Secretary of
35-16 State, and annually thereafter on or before the last day of the month
35-17 in which the anniversary date of its qualification to do business in
35-18 this state occurs in each year, file with the Secretary of State a list,
35-19 on a form furnished by him, that contains:
35-20 (a) The names of its president, secretary and treasurer or their
35-21 equivalent, and all of its directors;
35-22 (b) A designation of its resident agent in this state; and
35-23 (c) The signature of an officer of the corporation.
35-24 Each list filed pursuant to this subsection must be accompanied by a
35-25 declaration under penalty of perjury that the foreign corporation has
35-26 complied with the provisions of chapter 364A of NRS.
35-27 2. Upon filing:
35-28 (a) The initial list required by subsection 1, the corporation shall
35-29 pay to the Secretary of State a fee of $165.
35-30 (b) Each annual list required by subsection 1, the corporation
35-31 shall pay to the Secretary of State a fee of [$85.] $130.
35-32 3. The Secretary of State shall, 60 days before the last day for
35-33 filing each annual list required by subsection 1, cause to be mailed
35-34 to each corporation required to comply with the provisions of NRS
35-35 80.110 to 80.170, inclusive, which has not become delinquent, the
35-36 blank forms to be completed and filed with him. Failure of any
35-37 corporation to receive the forms does not excuse it from the penalty
35-38 imposed by the provisions of NRS 80.110 to 80.170, inclusive.
35-39 4. An annual list for a corporation not in default which is
35-40 received by the Secretary of State more than 60 days before its due
35-41 date shall be deemed an amended list for the previous year and does
35-42 not satisfy the requirements of subsection 1 for the year to which the
35-43 due date is applicable.
36-1 Sec. 103. NRS 82.193 is hereby amended to read as follows:
36-2 82.193 1. A corporation shall have a resident agent in the
36-3 manner provided in NRS 78.090, 78.095, 78.097 and 78.110. The
36-4 resident agent and the corporation shall comply with the provisions
36-5 of those sections.
36-6 2. A corporation is subject to the provisions of NRS 78.150 to
36-7 78.185, inclusive, except that:
36-8 (a) The fee for filing a list is [$15;] $25;
36-9 (b) The penalty added for default is [$5;] $10; and
36-10 (c) The fee for reinstatement is [$25.] $40.
36-11 Sec. 104. NRS 82.531 is hereby amended to read as follows:
36-12 82.531 1. The fee for filing articles of incorporation,
36-13 amendments to or restatements of articles of incorporation,
36-14 certificates pursuant to NRS 82.061 and 82.063 and documents for
36-15 dissolution is [$25] $40 for each document.
36-16 2. Except as otherwise provided in NRS 82.193 and subsection
36-17 1, the fees for filing documents are those set forth in NRS 78.765 to
36-18 78.785, inclusive.
36-19 Sec. 105. NRS 84.090 is hereby amended to read as follows:
36-20 84.090 1. The fee for filing articles of incorporation,
36-21 amendments to or restatements of articles of incorporation,
36-22 certificates of reinstatement and documents for dissolution is [$25]
36-23 $40 for each document.
36-24 2. Except as otherwise provided in this chapter, the fees set
36-25 forth in NRS 78.785 apply to this chapter.
36-26 Sec. 106. NRS 84.130 is hereby amended to read as follows:
36-27 84.130 1. Each corporation sole that is required to make the
36-28 filings and pay the fees prescribed in this chapter but refuses or
36-29 neglects to do so within the time provided is in default.
36-30 2. For default, there must be added to the amount of the fee a
36-31 penalty of [$5.] $10. The fee and penalty must be collected as
36-32 provided in this chapter.
36-33 Sec. 107. NRS 84.150 is hereby amended to read as follows:
36-34 84.150 1. Except as otherwise provided in subsections 3 and
36-35 4, the Secretary of State shall reinstate any corporation sole which
36-36 has forfeited its right to transact business under the provisions of
36-37 this chapter and restore the right to carry on business in this state
36-38 and exercise its corporate privileges and immunities, if it:
36-39 (a) Files with the Secretary of State a certificate of acceptance of
36-40 appointment executed by the resident agent of the corporation; and
36-41 (b) Pays to the Secretary of State:
36-42 (1) The filing fees and penalties set forth in this chapter for
36-43 each year or portion thereof during which its charter has been
36-44 revoked; and
36-45 (2) A fee of [$25] $40 for reinstatement.
37-1 2. When the Secretary of State reinstates the corporation to its
37-2 former rights, he shall:
37-3 (a) Immediately issue and deliver to the corporation a certificate
37-4 of reinstatement authorizing it to transact business, as if the fees had
37-5 been paid when due; and
37-6 (b) Upon demand, issue to the corporation a certified copy of the
37-7 certificate of reinstatement.
37-8 3. The Secretary of State shall not order a reinstatement unless
37-9 all delinquent fees and penalties have been paid, and the revocation
37-10 of its charter occurred only by reason of its failure to pay the fees
37-11 and penalties.
37-12 4. If a corporate charter has been revoked pursuant to the
37-13 provisions of this chapter and has remained revoked for 10
37-14 consecutive years, the charter must not be reinstated.
37-15 Sec. 108. NRS 86.263 is hereby amended to read as follows:
37-16 86.263 1. A limited-liability company shall, on or before the
37-17 first day of the second month after the filing of its articles of
37-18 organization with the Secretary of State, file with the Secretary of
37-19 State, on a form furnished by him, a list that contains:
37-20 (a) The name of the limited-liability company;
37-21 (b) The file number of the limited-liability company, if known;
37-22 (c) The names and titles of all of its managers or, if there is no
37-23 manager, all of its managing members;
37-24 (d) The mailing or street address, either residence or business, of
37-25 each manager or managing member listed, following the name of
37-26 the manager or managing member;
37-27 (e) The name and street address of the resident agent of the
37-28 limited-liability company; and
37-29 (f) The signature of a manager or managing member of the
37-30 limited-liability company certifying that the list is true, complete
37-31 and accurate.
37-32 2. The limited-liability company shall annually thereafter, on
37-33 or before the last day of the month in which the anniversary date of
37-34 its organization occurs, file with the Secretary of State, on a form
37-35 furnished by him, an amended list containing all of the information
37-36 required in subsection 1. If the limited-liability company has had no
37-37 changes in its managers or, if there is no manager, its managing
37-38 members, since its previous list was filed, no amended list need be
37-39 filed if a manager or managing member of the limited-liability
37-40 company certifies to the Secretary of State as a true and accurate
37-41 statement that no changes in the managers or managing members
37-42 have occurred.
37-43 3. Each list required by subsection 1 and each list or
37-44 certification required by subsection 2 must be accompanied by a
38-1 declaration under penalty of perjury that the limited-liability
38-2 company has complied with the provisions of chapter 364A of NRS.
38-3 4. Upon filing:
38-4 (a) The initial list required by subsection 1, the limited-liability
38-5 company shall pay to the Secretary of State a fee of $165.
38-6 (b) Each annual list required by subsection 2 or certifying that
38-7 no changes have occurred, the limited-liability company shall pay to
38-8 the Secretary of State a fee of [$85.] $130.
38-9 5. The Secretary of State shall, 60 days before the last day for
38-10 filing each list required by subsection 2, cause to be mailed to each
38-11 limited-liability company required to comply with the provisions of
38-12 this section, which has not become delinquent, a notice of the fee
38-13 due under subsection 4 and a reminder to file a list required by
38-14 subsection 2 or a certification of no change. Failure of any company
38-15 to receive a notice or form does not excuse it from the penalty
38-16 imposed by law.
38-17 6. If the list to be filed pursuant to the provisions of subsection
38-18 1 or 2 is defective or the fee required by subsection 4 is not paid, the
38-19 Secretary of State may return the list for correction or payment.
38-20 7. An annual list for a limited-liability company not in default
38-21 received by the Secretary of State more than 60 days before its due
38-22 date shall be deemed an amended list for the previous year.
38-23 Sec. 109. NRS 86.561 is hereby amended to read as follows:
38-24 86.561 1. The Secretary of State shall charge and collect for:
38-25 (a) Filing the original articles of organization, or for registration
38-26 of a foreign company, $175;
38-27 (b) Amending or restating the articles of organization, amending
38-28 the registration of a foreign company or filing a certificate of
38-29 correction, $150;
38-30 (c) Filing the articles of dissolution of a domestic or foreign
38-31 company, $60;
38-32 (d) Filing a statement of change of address of a records or
38-33 registered office, or change of the resident agent, $30;
38-34 (e) Certifying articles of organization or an amendment to the
38-35 articles, in both cases where a copy is provided, $20;
38-36 (f) Certifying an authorized printed copy of this chapter, $20;
38-37 (g) Reserving a name for a limited-liability company, $20;
38-38 (h) Filing a certificate of cancellation, $60;
38-39 (i) Executing, filing or certifying any other document, $40; and
38-40 (j) Copies made at the Office of the Secretary of State, $1 per
38-41 page.
38-42 2. The Secretary of State shall charge and collect at the time of
38-43 any service of process on him as agent for service of process of a
38-44 limited-liability company, [$10] $15 which may be recovered as
39-1 taxable costs by the party to the action causing the service to be
39-2 made if the party prevails in the action.
39-3 3. Except as otherwise provided in this section, the fees set
39-4 forth in NRS 78.785 apply to this chapter.
39-5 Sec. 110. NRS 87.510 is hereby amended to read as follows:
39-6 87.510 1. A registered limited-liability partnership shall, on
39-7 or before the first day of the second month after the filing of its
39-8 certificate of registration with the Secretary of State, and annually
39-9 thereafter on or before the last day of the month in which the
39-10 anniversary date of the filing of its certificate of registration with the
39-11 Secretary of State occurs, file with the Secretary of State, on a form
39-12 furnished by him, a list that contains:
39-13 (a) The name of the registered limited-liability partnership;
39-14 (b) The file number of the registered limited-liability
39-15 partnership, if known;
39-16 (c) The names of all of its managing partners;
39-17 (d) The mailing or street address, either residence or business, of
39-18 each managing partner;
39-19 (e) The name and street address of the resident agent of the
39-20 registered limited-liability partnership; and
39-21 (f) The signature of a managing partner of the registered limited-
39-22 liability partnership certifying that the list is true, complete and
39-23 accurate.
39-24 Each list filed pursuant to this subsection must be accompanied by a
39-25 declaration under penalty of perjury that the registered limited-
39-26 liability partnership has complied with the provisions of chapter
39-27 364A of NRS.
39-28 2. Upon filing:
39-29 (a) The initial list required by subsection 1, the registered
39-30 limited-liability partnership shall pay to the Secretary of State a fee
39-31 of $165.
39-32 (b) Each annual list required by subsection 1, the registered
39-33 limited-liability partnership shall pay to the Secretary of State a fee
39-34 of [$85.] $130.
39-35 3. The Secretary of State shall, at least 60 days before the last
39-36 day for filing each annual list required by subsection 1, cause to be
39-37 mailed to the registered limited-liability partnership a notice of the
39-38 fee due pursuant to subsection 2 and a reminder to file the annual
39-39 list required by subsection 1. The failure of any registered limited-
39-40 liability partnership to receive a notice or form does not excuse it
39-41 from complying with the provisions of this section.
39-42 4. If the list to be filed pursuant to the provisions of subsection
39-43 1 is defective, or the fee required by subsection 2 is not paid, the
39-44 Secretary of State may return the list for correction or payment.
40-1 5. An annual list that is filed by a registered limited-liability
40-2 partnership which is not in default more than 60 days before it is due
40-3 shall be deemed an amended list for the previous year and does not
40-4 satisfy the requirements of subsection 1 for the year to which the
40-5 due date is applicable.
40-6 Sec. 111. NRS 87.550 is hereby amended to read as follows:
40-7 87.550 In addition to any other fees required by NRS 87.440 to
40-8 87.540, inclusive, and 87.560, the Secretary of State shall charge
40-9 and collect the following fees for services rendered pursuant to
40-10 those sections:
40-11 1. For certifying documents required by NRS 87.440 to 87.540,
40-12 inclusive, and 87.560, $20 per certification.
40-13 2. For executing a certificate verifying the existence of a
40-14 registered limited-liability partnership, if the registered limited-
40-15 liability partnership has not filed a certificate of amendment, $40.
40-16 3. For executing a certificate verifying the existence of a
40-17 registered limited-liability partnership, if the registered limited-
40-18 liability partnership has filed a certificate of amendment, $40.
40-19 4. For executing, certifying or filing any certificate or
40-20 document not required by NRS 87.440 to 87.540, inclusive, and
40-21 87.560, $40.
40-22 5. For any copies made by the Office of the Secretary of State,
40-23 [$1] $1.50 per page.
40-24 6. For examining and provisionally approving any document
40-25 before the document is presented for filing, [$100.] $150.
40-26 Sec. 112. NRS 88.395 is hereby amended to read as follows:
40-27 88.395 1. A limited partnership shall, on or before the first
40-28 day of the second month after the filing of its certificate of limited
40-29 partnership with the Secretary of State, and annually thereafter on or
40-30 before the last day of the month in which the anniversary date of the
40-31 filing of its certificate of limited partnership occurs, file with the
40-32 Secretary of State, on a form furnished by him, a list that contains:
40-33 (a) The name of the limited partnership;
40-34 (b) The file number of the limited partnership, if known;
40-35 (c) The names of all of its general partners;
40-36 (d) The mailing or street address, either residence or business, of
40-37 each general partner;
40-38 (e) The name and street address of the resident agent of the
40-39 limited partnership; and
40-40 (f) The signature of a general partner of the limited partnership
40-41 certifying that the list is true, complete and accurate.
40-42 Each list filed pursuant to this subsection must be accompanied by a
40-43 declaration under penalty of perjury that the limited partnership has
40-44 complied with the provisions of chapter 364A of NRS.
40-45 2. Upon filing:
41-1 (a) The initial list required by subsection 1, the limited
41-2 partnership shall pay to the Secretary of State a fee of $165.
41-3 (b) Each annual list required by subsection 1, the limited
41-4 partnership shall pay to the Secretary of State a fee of [$85.] $130.
41-5 3. The Secretary of State shall, 60 days before the last day for
41-6 filing each annual list required by subsection 1, cause to be mailed
41-7 to each limited partnership required to comply with the provisions
41-8 of this section which has not become delinquent a notice of the fee
41-9 due pursuant to the provisions of subsection 2 and a reminder to file
41-10 the annual list. Failure of any limited partnership to receive a notice
41-11 or form does not excuse it from the penalty imposed by
41-12 NRS 88.400.
41-13 4. If the list to be filed pursuant to the provisions of subsection
41-14 1 is defective or the fee required by subsection 2 is not paid, the
41-15 Secretary of State may return the list for correction or payment.
41-16 5. An annual list for a limited partnership not in default that is
41-17 received by the Secretary of State more than 60 days before its due
41-18 date shall be deemed an amended list for the previous year and does
41-19 not satisfy the requirements of subsection 1 for the year to which the
41-20 due date is applicable.
41-21 6. A filing made pursuant to this section does not satisfy the
41-22 provisions of NRS 88.355 and may not be substituted for filings
41-23 submitted pursuant to NRS 88.355.
41-24 Sec. 113. NRS 88.415 is hereby amended to read as follows:
41-25 88.415 The Secretary of State, for services relating to his
41-26 official duties and the records of his office, shall charge and collect
41-27 the following fees:
41-28 1. For filing a certificate of limited partnership, or for
41-29 registering a foreign limited partnership, $175.
41-30 2. For filing a certificate of amendment of limited partnership
41-31 or restated certificate of limited partnership, $150.
41-32 3. For filing a certificate of a change of location of the records
41-33 office of a limited partnership or the office of its resident agent, or a
41-34 designation of a new resident agent, $30.
41-35 4. For certifying a certificate of limited partnership, an
41-36 amendment to the certificate, or a certificate as amended where a
41-37 copy is provided, $20 per certification.
41-38 5. For certifying an authorized printed copy of the limited
41-39 partnership law, $20.
41-40 6. For reserving a limited partnership name, or for executing,
41-41 filing or certifying any other document, [$20.] $30.
41-42 7. For copies made at the Office of the Secretary of State, [$1]
41-43 $1.50 per page.
41-44 8. For filing a certificate of cancellation of a limited
41-45 partnership, $60.
42-1 Except as otherwise provided in this section, the fees set forth in
42-2 NRS 78.785 apply to this chapter.
42-3 Sec. 114. NRS 88A.600 is hereby amended to read as follows:
42-4 88A.600 1. A business trust formed pursuant to this chapter
42-5 shall, on or before the first day of the second month after the filing
42-6 of its certificate of trust with the Secretary of State, and annually
42-7 thereafter on or before the last day of the month in which the
42-8 anniversary date of the filing of its certificate of trust with the
42-9 Secretary of State occurs, file with the Secretary of State, on a form
42-10 furnished by him, a list signed by at least one trustee that contains
42-11 the name and mailing address of its resident agent and at least one
42-12 trustee. Each list filed pursuant to this subsection must be
42-13 accompanied by a declaration under penalty of perjury that the
42-14 business trust has complied with the provisions of chapter 364A of
42-15 NRS.
42-16 2. Upon filing:
42-17 (a) The initial list required by subsection 1, the business trust
42-18 shall pay to the Secretary of State a fee of $165.
42-19 (b) Each annual list required by subsection 1, the business trust
42-20 shall pay to the Secretary of State a fee of [$85.] $130.
42-21 3. The Secretary of State shall, 60 days before the last day for
42-22 filing each annual list required by subsection 1, cause to be mailed
42-23 to each business trust which is required to comply with the
42-24 provisions of NRS 88A.600 to 88A.660, inclusive, and which has
42-25 not become delinquent, the blank forms to be completed and filed
42-26 with him. Failure of a business trust to receive the forms does not
42-27 excuse it from the penalty imposed by law.
42-28 4. An annual list for a business trust not in default which is
42-29 received by the Secretary of State more than 60 days before its due
42-30 date shall be deemed an amended list for the previous year.
42-31 Sec. 115. NRS 88A.900 is hereby amended to read as follows:
42-32 88A.900 The Secretary of State shall charge and collect the
42-33 following fees for:
42-34 1. Filing an original certificate of trust, or for registering a
42-35 foreign business trust, $175.
42-36 2. Filing an amendment or restatement, or a combination
42-37 thereof, to a certificate of trust, $150.
42-38 3. Filing a certificate of cancellation, $175.
42-39 4. Certifying a copy of a certificate of trust or an amendment or
42-40 restatement, or a combination thereof, $20 per certification.
42-41 5. Certifying an authorized printed copy of this chapter, $20.
42-42 6. Reserving a name for a business trust, [$20.] $30.
42-43 7. Executing a certificate of existence of a business trust which
42-44 does not list the previous documents relating to it, or a certificate of
42-45 change in the name of a business trust, $40.
43-1 8. Executing a certificate of existence of a business trust which
43-2 lists the previous documents relating to it, $40.
43-3 9. Filing a statement of change of address of the registered
43-4 office for each business trust, $30.
43-5 10. Filing a statement of change of the registered agent, $30.
43-6 11. Executing, certifying or filing any certificate or document
43-7 not otherwise provided for in this section, $40.
43-8 12. Examining and provisionally approving a document before
43-9 the document is presented for filing, [$100.] $150.
43-10 13. Copying a document on file with him, for each page, [$1.]
43-11 $1.50.
43-12 Sec. 116. NRS 90.360 is hereby amended to read as follows:
43-13 90.360 1. An applicant for licensing shall pay a
43-14 nonrefundable licensing fee, due annually in the following amounts:
43-15 (a) Broker-dealer,[$150.] $225.
43-16 (b) Sales representative, [$55.] $85.
43-17 (c) Investment adviser, [$150.] $225.
43-18 (d) Representative of an investment adviser, [$55.] $85.
43-19 2. The Administrator by regulation may require licensing of
43-20 branch offices and impose a fee for the licensing and an annual fee.
43-21 3. For the purpose of this section, a “branch office” means any
43-22 place of business in this state other than the principal office in the
43-23 State of the broker-dealer, from which one or more sales
43-24 representatives transact business.
43-25 Sec. 117. NRS 90.380 is hereby amended to read as follows:
43-26 90.380 1. Unless a proceeding under NRS 90.420 has been
43-27 instituted, the license of any broker-dealer, sales representative,
43-28 investment adviser or representative of an investment adviser
43-29 becomes effective 30 days after an application for licensing has
43-30 been filed and is complete, including any amendment, if all
43-31 requirements imposed pursuant to NRS 90.370 and 90.375 have
43-32 been satisfied. An application or amendment is complete when the
43-33 applicant has furnished information responsive to each applicable
43-34 item of the application. The Administrator may authorize an earlier
43-35 effective date of licensing.
43-36 2. The license of a broker-dealer, sales representative,
43-37 investment adviser or representative of an investment adviser is
43-38 effective until terminated by revocation, suspension, expiration or
43-39 withdrawal.
43-40 3. The license of a sales representative is only effective with
43-41 respect to transactions effected on behalf of the broker-dealer or
43-42 issuer for whom the sales representative is licensed.
43-43 4. A person shall not at any one time act as a sales
43-44 representative for more than one broker-dealer or for more than one
44-1 issuer, unless the Administrator by regulation or order authorizes
44-2 multiple licenses.
44-3 5. If a person licensed as a sales representative terminates
44-4 association with a broker-dealer or issuer or ceases to be a sales
44-5 representative, the sales representative and the broker-dealer or
44-6 issuer on whose behalf the sales representative was acting shall
44-7 promptly notify the Administrator.
44-8 6. The Administrator by regulation may authorize one or more
44-9 special classifications of licenses as a broker-dealer, sales
44-10 representative, investment adviser or representative of an investment
44-11 adviser to be issued to applicants subject to limitations and
44-12 conditions on the nature of the activities that may be conducted by
44-13 persons so licensed.
44-14 7. The license of a broker-dealer, sales representative,
44-15 investment adviser or representative of an investment adviser
44-16 expires if:
44-17 (a) The statement required pursuant to NRS 90.375 is not
44-18 submitted when it is due; or
44-19 (b) The annual fee required by NRS 90.360 is not paid when it is
44-20 due.
44-21 8. A license that has expired may be reinstated retroactively if
44-22 the licensed person:
44-23 (a) Submits the statement required pursuant to NRS 90.375; and
44-24 (b) Pays the fee required by NRS 90.360, plus a fee for
44-25 reinstatement in the amount of [$25,] $40,
44-26 within 30 days after the date of expiration. If the license is not
44-27 reinstated within that time, it shall be deemed to have lapsed as of
44-28 the date of expiration, and the licensed person must thereafter
44-29 submit a new application for licensing if he desires to be relicensed.
44-30 Sec. 118. NRS 90.456 is hereby amended to read as follows:
44-31 90.456 1. The Administrator may charge a fee not to exceed
44-32 [.25] 0.4 percent of the total value of each transaction involving the
44-33 purchase, sale or other transfer of a security conducted by a
44-34 securities exchange located in this state.
44-35 2. The Administrator may adopt by regulation or order, and
44-36 shall cause to be published, a table of fees based upon the direct cost
44-37 of regulating the securities exchange.
44-38 Sec. 119. NRS 90.500 is hereby amended to read as follows:
44-39 90.500 1. A registration statement may be filed by the issuer,
44-40 any other person on whose behalf the offering is to be made, or a
44-41 broker-dealer licensed under this chapter.
44-42 2. Except as provided in subsection 3, a person filing a
44-43 registration statement shall pay a filing fee of [one-tenth of 1] 0.15
44-44 percent of the maximum aggregate offering price at which the
44-45 registered securities are to be offered in this state, but not less than
45-1 [$350] $525 or more than [$2,500.] $3,750. If a registration
45-2 statement is withdrawn before the effective date or a pre-effective
45-3 order is entered under NRS 90.510, the Administrator shall retain
45-4 the fee.
45-5 3. An open-end management company, a face-amount
45-6 certificate company or a unit investment trust, as defined in the
45-7 Investment Company Act of 1940, may register an indefinite
45-8 amount of securities under a registration statement. The registrant
45-9 shall pay:
45-10 (a) A fee of [$500] $750 at the time of filing; and
45-11 (b) Within 60 days after the registrant’s fiscal year during which
45-12 its statement is effective, a fee of [$2,000,] $3,000, or file a report
45-13 on a form the Administrator adopts, specifying its sale of securities
45-14 to persons in this state during the fiscal year and pay a fee of [one-
45-15 tenth of 1] 0.15 percent of the aggregate sales price of the securities
45-16 sold to persons in this state, but the latter fee must not be less than
45-17 [$350] $525 or more than [$2,500.] $3,750.
45-18 4. Except as otherwise permitted by subsection 3, a statement
45-19 must specify:
45-20 (a) The amount of securities to be offered in this state and the
45-21 states in which a statement or similar document in connection with
45-22 the offering has been or is to be filed; and
45-23 (b) Any adverse order, judgment or decree entered by a
45-24 securities agency or administrator in any state or by a court or the
45-25 Securities and Exchange Commission in connection with the
45-26 offering.
45-27 5. A document filed under this chapter as now or previously in
45-28 effect, within 5 years before the filing of a registration statement,
45-29 may be incorporated by reference in the registration statement if the
45-30 document is currently accurate.
45-31 6. The Administrator by regulation or order may permit the
45-32 omission of an item of information or document from a statement.
45-33 7. In the case of a nonissuer offering, the Administrator may
45-34 not require information under subsection 13 or NRS 90.510 [or
45-35 subsection 13 of this section] unless it is known to the person filing
45-36 the registration statement or to the person on whose behalf the
45-37 offering is to be made, or can be furnished by one of them without
45-38 unreasonable effort or expense.
45-39 8. In the case of a registration under NRS 90.480 or 90.490 by
45-40 an issuer who has no public market for its shares and no significant
45-41 earnings from continuing operations during the last 5 years or any
45-42 shorter period of its existence, the Administrator by regulation or
45-43 order may require as a condition of registration that the following
45-44 securities be deposited in escrow for not more than 3 years:
46-1 (a) A security issued to a promoter within the 3 years
46-2 immediately before the offering or to be issued to a promoter for a
46-3 consideration substantially less than the offering price; and
46-4 (b) A security issued to a promoter for a consideration other
46-5 than cash, unless the registrant demonstrates that the value of the
46-6 noncash consideration received in exchange for the security is
46-7 substantially equal to the offering price for the security.
46-8 The Administrator by regulation may determine the conditions of an
46-9 escrow required under this subsection, but the Administrator may
46-10 not reject a depository solely because of location in another state.
46-11 9. The Administrator by regulation may require as a condition
46-12 of registration under NRS 90.480 or 90.490 that the proceeds from
46-13 the sale of the registered security in this state be impounded until the
46-14 issuer receives a specified amount from the sale of the security. The
46-15 Administrator by regulation or order may determine the conditions
46-16 of an impounding arrangement required under this subsection, but
46-17 the Administrator may not reject a depository solely because of its
46-18 location in another state.
46-19 10. If a security is registered pursuant to NRS 90.470 or
46-20 90.480, the prospectus filed under the Securities Act of 1933 must
46-21 be delivered to each purchaser in accordance with the requirements
46-22 of that act for the delivery of a prospectus.
46-23 11. If a security is registered pursuant to NRS 90.490, an
46-24 offering document containing information the Administrator by
46-25 regulation or order designates must be delivered to each purchaser
46-26 with or before the earliest of:
46-27 (a) The first written offer made to the purchaser by or for the
46-28 account of the issuer or another person on whose behalf the offering
46-29 is being made or by an underwriter or broker-dealer who is offering
46-30 part of an unsold allotment or subscription taken by it as a
46-31 participant in the distribution;
46-32 (b) Confirmation of a sale made by or for the account of a
46-33 person named in paragraph (a);
46-34 (c) Payment pursuant to a sale; or
46-35 (d) Delivery pursuant to a sale.
46-36 12. Except for a registration statement under which an
46-37 indefinite amount of securities are registered as provided in
46-38 subsection 3, a statement remains effective for 1 year after its
46-39 effective date unless the Administrator by regulation extends the
46-40 period of effectiveness. A registration statement under which an
46-41 indefinite amount of securities are registered remains effective until
46-42 60 days after the beginning of the registrant’s next fiscal year
46-43 following the date the statement was filed. All outstanding securities
46-44 of the same class as a registered security are considered to be
46-45 registered for the purpose of a nonissuer transaction while the
47-1 registration statement is effective, unless the Administrator by
47-2 regulation or order provides otherwise. A registration statement may
47-3 not be withdrawn after its effective date if any of the securities
47-4 registered have been sold in this state, unless the Administrator by
47-5 regulation or order provides otherwise. No registration statement is
47-6 effective while an order is in effect under subsection 1 of
47-7 NRS 90.510.
47-8 13. During the period that an offering is being made pursuant
47-9 to an effective registration statement, the Administrator by
47-10 regulation or order may require the person who filed the registration
47-11 statement to file reports, not more often than quarterly, to keep
47-12 reasonably current the information contained in the registration
47-13 statement and to disclose the progress of the offering.
47-14 14. A registration statement filed under NRS 90.470 or 90.480
47-15 may be amended after its effective date to increase the securities
47-16 specified to be offered and sold. The amendment becomes effective
47-17 upon filing of the amendment and payment of an additional filing
47-18 fee of 3 times the fee otherwise payable, calculated in the manner
47-19 specified in subsection 2, with respect to the additional securities to
47-20 be offered and sold. The effectiveness of the amendment relates
47-21 back to the date or dates of sale of the additional securities being
47-22 registered.
47-23 15. A registration statement filed under NRS 90.490 may be
47-24 amended after its effective date to increase the securities specified to
47-25 be offered and sold, if the public offering price and underwriters’
47-26 discounts and commissions are not changed from the respective
47-27 amounts which the Administrator was informed. The amendment
47-28 becomes effective when the Administrator so orders and relates
47-29 back to the date of sale of the additional securities being registered.
47-30 A person filing an amendment shall pay an additional filing fee of 3
47-31 times the fee otherwise payable, calculated in the manner specified
47-32 in subsection 2, with respect to the additional securities to be offered
47-33 and sold.
47-34 Sec. 120. NRS 90.520 is hereby amended to read as follows:
47-35 90.520 1. As used in this section:
47-36 (a) “Guaranteed” means guaranteed as to payment of all or
47-37 substantially all of principal and interest or dividends.
47-38 (b) “Insured” means insured as to payment of all or substantially
47-39 all of principal and interest or dividends.
47-40 2. Except as otherwise provided in subsections 4 and 5, the
47-41 following securities are exempt from NRS 90.460 and 90.560:
47-42 (a) A security, including a revenue obligation, issued, insured or
47-43 guaranteed by the United States, an agency or corporate or other
47-44 instrumentality of the United States, an international agency or
47-45 corporate or other instrumentality of which the United States and
48-1 one or more foreign governments are members, a state, a political
48-2 subdivision of a state, or an agency or corporate or other
48-3 instrumentality of one or more states or their political subdivisions,
48-4 or a certificate of deposit for any of the foregoing, but this
48-5 exemption does not include a security payable solely from revenues
48-6 to be received from an enterprise unless the:
48-7 (1) Payments are insured or guaranteed by the United States,
48-8 an agency or corporate or other instrumentality of the United States,
48-9 an international agency or corporate or other instrumentality of
48-10 which the United States and one or more foreign governments are
48-11 members, a state, a political subdivision of a state, or an agency or
48-12 corporate or other instrumentality of one or more states or their
48-13 political subdivisions, or by a person whose securities are exempt
48-14 from registration pursuant to paragraphs (b) to (e), inclusive, or (g),
48-15 or the revenues from which the payments are to be made are a direct
48-16 obligation of such a person;
48-17 (2) Security is issued by this state or an agency,
48-18 instrumentality or political subdivision of this state; or
48-19 (3) Payments are insured or guaranteed by a person who,
48-20 within the 12 months next preceding the date on which the securities
48-21 are issued, has received a rating within one of the top four rating
48-22 categories of either Moody’s Investors Service, Inc., or Standard
48-23 and Poor’s Ratings Services.
48-24 (b) A security issued, insured or guaranteed by Canada, a
48-25 Canadian province or territory, a political subdivision of Canada or
48-26 of a Canadian province or territory, an agency or corporate or other
48-27 instrumentality of one or more of the foregoing, or any other foreign
48-28 government or governmental combination or entity with which the
48-29 United States maintains diplomatic relations, if the security is
48-30 recognized as a valid obligation by the issuer, insurer or guarantor.
48-31 (c) A security issued by and representing an interest in or a
48-32 direct obligation of a depository institution if the deposit or share
48-33 accounts of the depository institution are insured by the Federal
48-34 Deposit Insurance Corporation, the National Credit Union Share
48-35 Insurance Fund or a successor to an applicable agency authorized by
48-36 federal law.
48-37 (d) A security issued by and representing an interest in or a
48-38 direct obligation of, or insured or guaranteed by, an insurance
48-39 company organized under the laws of any state and authorized to do
48-40 business in this state.
48-41 (e) A security issued or guaranteed by a railroad, other common
48-42 carrier, public utility or holding company that is:
48-43 (1) Subject to the jurisdiction of the Surface Transportation
48-44 Board;
49-1 (2) A registered holding company under the Public Utility
49-2 Holding Company Act of 1935 or a subsidiary of a registered
49-3 holding company within the meaning of that act;
49-4 (3) Regulated in respect to its rates and charges by a
49-5 governmental authority of the United States or a state; or
49-6 (4) Regulated in respect to the issuance or guarantee of the
49-7 security by a governmental authority of the United States, a state,
49-8 Canada, or a Canadian province or territory.
49-9 (f) Equipment trust certificates in respect to equipment leased or
49-10 conditionally sold to a person, if securities issued by the person
49-11 would be exempt pursuant to this section.
49-12 (g) A security listed or approved for listing upon notice of
49-13 issuance on the New York Stock Exchange, the American Stock
49-14 Exchange, the Midwest Stock Exchange, the Pacific Stock
49-15 Exchange or other exchange designated by the Administrator, any
49-16 other security of the same issuer which is of senior or substantially
49-17 equal rank, a security called for by subscription right or warrant so
49-18 listed or approved, or a warrant or right to purchase or subscribe to
49-19 any of the foregoing.
49-20 (h) A security designated or approved for designation upon
49-21 issuance or notice of issuance for inclusion in the national market
49-22 system by the National Association of Securities Dealers, Inc., any
49-23 other security of the same issuer which is of senior or substantially
49-24 equal rank, a security called for by subscription right or warrant so
49-25 designated, or a warrant or a right to purchase or subscribe to any of
49-26 the foregoing.
49-27 (i) An option issued by a clearing agency registered under the
49-28 Securities Exchange Act of 1934, other than an off-exchange futures
49-29 contract or substantially similar arrangement, if the security,
49-30 currency, commodity[,] or other interest underlying the option is:
49-31 (1) Registered under NRS 90.470, 90.480 or 90.490;
49-32 (2) Exempt pursuant to this section; or
49-33 (3) Not otherwise required to be registered under this
49-34 chapter.
49-35 (j) A security issued by a person organized and operated not for
49-36 private profit but exclusively for a religious, educational,
49-37 benevolent, charitable, fraternal, social, athletic or reformatory
49-38 purpose, or as a chamber of commerce or trade or professional
49-39 association if at least 10 days before the sale of the security the
49-40 issuer has filed with the Administrator a notice setting forth the
49-41 material terms of the proposed sale and copies of any sales and
49-42 advertising literature to be used and the Administrator by order does
49-43 not disallow the exemption within the next 5 full business days.
49-44 (k) A promissory note, draft, bill of exchange or banker’s
49-45 acceptance that evidences an obligation to pay cash within 9 months
50-1 after the date of issuance, exclusive of days of grace, is issued in
50-2 denominations of at least $50,000 and receives a rating in one of the
50-3 three highest rating categories from a nationally recognized
50-4 statistical rating organization, or a renewal of such an obligation that
50-5 is likewise limited, or a guarantee of such an obligation or of a
50-6 renewal.
50-7 (l) A security issued in connection with an employees’ stock
50-8 purchase, savings, option, profit-sharing, pension or similar
50-9 employees’ benefit plan.
50-10 (m) A membership or equity interest in, or a retention certificate
50-11 or like security given in lieu of a cash patronage dividend issued by,
50-12 a cooperative organized and operated as a nonprofit membership
50-13 cooperative under the cooperative laws of any state if not traded to
50-14 the general public.
50-15 (n) A security issued by an issuer registered as an open-end
50-16 management investment company or unit investment trust under
50-17 section 8 of the Investment Company Act of 1940 if:
50-18 (1) The issuer is advised by an investment adviser that is a
50-19 depository institution exempt from registration under the Investment
50-20 Adviser Act of 1940 or that is currently registered as an investment
50-21 adviser, and has been registered, or is affiliated with an adviser that
50-22 has been registered, as an investment adviser under the Investment
50-23 Advisers Act of 1940 for at least 3 years next preceding an offer or
50-24 sale of a security claimed to be exempt pursuant to this paragraph,
50-25 and the issuer has acted, or is affiliated with an investment adviser
50-26 that has acted, as investment adviser to one or more registered
50-27 investment companies or unit investment trusts for at least 3 years
50-28 next preceding an offer or sale of a security claimed to be exempt
50-29 under this paragraph; or
50-30 (2) The issuer has a sponsor that has at all times throughout
50-31 the 3 years before an offer or sale of a security claimed to be exempt
50-32 pursuant to this paragraph sponsored one or more registered
50-33 investment companies or unit investment trusts the aggregate total
50-34 assets of which have exceeded $100,000,000.
50-35 3. For the purpose of paragraph (n) of subsection 2, an
50-36 investment adviser is affiliated with another investment adviser if it
50-37 controls, is controlled by, or is under common control with the other
50-38 investment adviser.
50-39 4. The exemption provided by paragraph (n) of subsection 2 is
50-40 available only if the person claiming the exemption files with the
50-41 Administrator a notice of intention to sell which sets forth the name
50-42 and address of the issuer and the securities to be offered in this state
50-43 and pays a fee [of:
50-44 (a) Two hundred and fifty] :
51-1 (a) Of $375 dollars for the initial claim of exemption and the
51-2 same amount at the beginning of each fiscal year thereafter in which
51-3 securities are to be offered in this state, in the case of an open-end
51-4 management company; or
51-5 (b) [One hundred and fifty dollars] Of $225 for the initial claim
51-6 of exemption in the case of a unit investment trust.
51-7 5. An exemption provided by paragraph (c), (e), (f), (i) or (k)
51-8 of subsection 2 is available only if, within the 12 months
51-9 immediately preceding the use of the exemption, a notice of claim
51-10 of exemption has been filed with the Administrator and a
51-11 nonrefundable fee of [$150] $225 has been paid.
51-12 Sec. 121. NRS 90.530 is hereby amended to read as follows:
51-13 90.530 The following transactions are exempt from NRS
51-14 90.460 and 90.560:
51-15 1. An isolated nonissuer transaction, whether or not effected
51-16 through a broker-dealer.
51-17 2. A nonissuer transaction in an outstanding security if the
51-18 issuer of the security has a class of securities subject to registration
51-19 under section 12 of the Securities Exchange Act of 1934, 15 U.S.C.
51-20 § 781, and has been subject to the reporting requirements of section
51-21 13 or [15(c)] 15(d) of the Securities Exchange Act of 1934, 15
51-22 U.S.C. §§ 78m and 78o(d), for not less than 90 days next preceding
51-23 the transaction, or has filed and maintained with the Administrator
51-24 for not less than 90 days preceding the transaction information, in
51-25 such form as the Administrator, by regulation, specifies,
51-26 substantially comparable to the information the issuer would be
51-27 required to file under section 12(b) or 12(g) of the Securities
51-28 Exchange Act of 1934, 15 U.S.C. §§ 78l(b) and 78l(g), were the
51-29 issuer to have a class of its securities registered under section 12 of
51-30 the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and paid a fee
51-31 of $225 with the filing . [of $150.]
51-32 3. A nonissuer transaction by a sales representative licensed in
51-33 this state, in an outstanding security if:
51-34 (a) The security is sold at a price reasonably related to the
51-35 current market price of the security at the time of the transaction;
51-36 (b) The security does not constitute all or part of an unsold
51-37 allotment to, or subscription or participation by, a broker-dealer as
51-38 an underwriter of the security;
51-39 (c) At the time of the transaction, a recognized securities manual
51-40 designated by the Administrator by regulation or order contains the
51-41 names of the issuer’s officers and directors, a statement of the
51-42 financial condition of the issuer as of a date within the preceding 18
51-43 months, and a statement of income or operations for each of the last
51-44 2 years next preceding the date of the statement of financial
52-1 condition, or for the period as of the date of the statement of
52-2 financial condition if the period of existence is less than 2 years;
52-3 (d) The issuer of the security has not undergone a major
52-4 reorganization, merger or acquisition within the preceding 30 days
52-5 which is not reflected in the information contained in the manual;
52-6 and
52-7 (e) At the time of the transaction, the issuer of the security has a
52-8 class of equity security listed on the New York Stock Exchange,
52-9 American Stock Exchange or other exchange designated by the
52-10 Administrator, or on the National Market System of the National
52-11 Association of Securities Dealers Automated Quotation System. The
52-12 requirements of this paragraph do not apply if:
52-13 (1) The security has been outstanding for at least 180 days;
52-14 (2) The issuer of the security is actually engaged in business
52-15 and is not developing his business, in bankruptcy or in receivership;
52-16 and
52-17 (3) The issuer of the security has been in continuous
52-18 operation for at least 5 years.
52-19 4. A nonissuer transaction in a security that has a fixed
52-20 maturity or a fixed interest or dividend provision if there has been
52-21 no default during the current fiscal year or within the 3 preceding
52-22 years, or during the existence of the issuer, and any predecessors if
52-23 less than 3 years, in the payment of principal, interest or dividends
52-24 on the security.
52-25 5. A nonissuer transaction effected by or through a registered
52-26 broker-dealer pursuant to an unsolicited order or offer to purchase.
52-27 6. A transaction between the issuer or other person on whose
52-28 behalf the offering of a security is made and an underwriter, or a
52-29 transaction among underwriters.
52-30 7. A transaction in a bond or other evidence of indebtedness
52-31 secured by a real estate mortgage, deed of trust, personal property
52-32 security agreement, or by an agreement for the sale of real estate or
52-33 personal property, if the entire mortgage, deed of trust or agreement,
52-34 together with all the bonds or other evidences of indebtedness
52-35 secured thereby, is offered and sold as a unit.
52-36 8. A transaction by an executor, administrator, sheriff, marshal,
52-37 receiver, trustee in bankruptcy, guardian or conservator.
52-38 9. A transaction executed by a bona fide secured party without
52-39 the purpose of evading this chapter.
52-40 10. An offer to sell or sale of a security to a financial or
52-41 institutional investor or to a broker-dealer.
52-42 11. Except as otherwise provided in this subsection, a
52-43 transaction pursuant to an offer to sell securities of an issuer if:
53-1 (a) The transaction is part of an issue in which there are not
53-2 more than 25 purchasers in this state, other than those designated in
53-3 subsection 10, during any 12 consecutive months;
53-4 (b) No general solicitation or general advertising is used in
53-5 connection with the offer to sell or sale of the securities;
53-6 (c) No commission or other similar compensation is paid or
53-7 given, directly or indirectly, to a person, other than a broker-dealer
53-8 licensed or not required to be licensed under this chapter, for
53-9 soliciting a prospective purchaser in this state; and
53-10 (d) One of the following conditions is satisfied:
53-11 (1) The seller reasonably believes that all the purchasers in
53-12 this state, other than those designated in subsection 10, are
53-13 purchasing for investment; or
53-14 (2) Immediately before and immediately after the
53-15 transaction, the issuer reasonably believes that the securities of the
53-16 issuer are held by 50 or fewer beneficial owners, other than those
53-17 designated in subsection 10, and the transaction is part of an
53-18 aggregate offering that does not exceed $500,000 during any 12
53-19 consecutive months.
53-20 The Administrator by rule or order as to a security or transaction or
53-21 a type of security or transaction, may withdraw or further condition
53-22 the exemption set forth in this subsection or waive one or more of
53-23 the conditions of the exemption.
53-24 12. An offer to sell or sale of a preorganization certificate or
53-25 subscription if:
53-26 (a) No commission or other similar compensation is paid or
53-27 given, directly or indirectly, for soliciting a prospective subscriber;
53-28 (b) No public advertising or general solicitation is used in
53-29 connection with the offer to sell or sale;
53-30 (c) The number of offers does not exceed 50;
53-31 (d) The number of subscribers does not exceed 10; and
53-32 (e) No payment is made by a subscriber.
53-33 13. An offer to sell or sale of a preorganization certificate or
53-34 subscription issued in connection with the organization of a
53-35 depository institution if that organization is under the supervision of
53-36 an official or agency of a state or of the United States which has and
53-37 exercises the authority to regulate and supervise the organization of
53-38 the depository institution. For the purpose of this subsection, “under
53-39 the supervision of an official or agency” means that the official or
53-40 agency by law has authority to require disclosures to prospective
53-41 investors similar to those required under NRS 90.490, impound
53-42 proceeds from the sale of a preorganization certificate or
53-43 subscription until organization of the depository institution is
53-44 completed, and require refund to investors if the depository
54-1 institution does not obtain a grant of authority from the appropriate
54-2 official or agency.
54-3 14. A transaction pursuant to an offer to sell to existing
54-4 security holders of the issuer, including persons who at the time of
54-5 the transaction are holders of transferable warrants exercisable
54-6 within not more than 90 days after their issuance, convertible
54-7 securities or nontransferable warrants, if:
54-8 (a) No commission or other similar compensation other than a
54-9 standby commission, is paid or given, directly or indirectly, for
54-10 soliciting a security holder in this state; or
54-11 (b) The issuer first files a notice specifying the terms of the offer
54-12 to sell, together with a nonrefundable fee of [$150,] $225, and the
54-13 Administrator does not by order disallow the exemption within the
54-14 next 5 full business days.
54-15 15. A transaction involving an offer to sell, but not a sale, of a
54-16 security not exempt from registration under the Securities Act of
54-17 1933, 15 U.S.C. §§ 77a et seq., if:
54-18 (a) A registration or offering statement or similar document as
54-19 required under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq.,
54-20 has been filed, but is not effective;
54-21 (b) A registration statement, if required, has been filed under
54-22 this chapter, but is not effective; and
54-23 (c) No order denying, suspending or revoking the effectiveness
54-24 of registration, of which the offeror is aware, has been entered by
54-25 the Administrator or the Securities and Exchange Commission, and
54-26 no examination or public proceeding that may culminate in that kind
54-27 of order is known by the offeror to be pending.
54-28 16. A transaction involving an offer to sell, but not a sale, of a
54-29 security exempt from registration under the Securities Act of 1933,
54-30 15 U.S.C. §§ 77a et seq., if:
54-31 (a) A registration statement has been filed under this chapter, but
54-32 is not effective; and
54-33 (b) No order denying, suspending or revoking the effectiveness
54-34 of registration, of which the offeror is aware, has been entered by
54-35 the Administrator and no examination or public proceeding that may
54-36 culminate in that kind of order is known by the offeror to be
54-37 pending.
54-38 17. A transaction involving the distribution of the securities of
54-39 an issuer to the security holders of another person in connection
54-40 with a merger, consolidation, exchange of securities, sale of assets
54-41 or other reorganization to which the issuer, or its parent or
54-42 subsidiary, and the other person, or its parent or subsidiary, are
54-43 parties, if:
55-1 (a) The securities to be distributed are registered under the
55-2 Securities Act of 1933, 15 U.S.C. §§ 77a et seq., before the
55-3 consummation of the transaction; or
55-4 (b) The securities to be distributed are not required to be
55-5 registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et
55-6 seq., written notice of the transaction and a copy of the materials, if
55-7 any, by which approval of the transaction will be solicited, together
55-8 with a nonrefundable fee of [$150,] $225, are given to the
55-9 Administrator at least 10 days before the consummation of
55-10 the transaction and the Administrator does not, by order, disallow
55-11 the exemption within the next 10 days.
55-12 18. A transaction involving the offer to sell or sale of one or
55-13 more promissory notes each of which is directly secured by a first
55-14 lien on a single parcel of real estate, or a transaction involving the
55-15 offer to sell or sale of participation interests in the notes if the notes
55-16 and participation interests are originated by a depository institution
55-17 and are offered and sold subject to the following conditions:
55-18 (a) The minimum aggregate sales price paid by each purchaser
55-19 may not be less than $250,000;
55-20 (b) Each purchaser must pay cash either at the time of the sale or
55-21 within 60 days after the sale; and
55-22 (c) Each purchaser may buy for his own account only.
55-23 19. A transaction involving the offer to sell or sale of one or
55-24 more promissory notes directly secured by a first lien on a single
55-25 parcel of real estate or participating interests in the notes, if the
55-26 notes and interests are originated by a mortgagee approved by the
55-27 Secretary of Housing and Urban Development under sections 203
55-28 and 211 of the National Housing Act, 12 U.S.C. §§ 1709 and 1715b,
55-29 and are offered or sold, subject to the conditions specified in
55-30 subsection 18, to a depository institution or insurance company, the
55-31 Federal Home Loan Mortgage Corporation, the Federal National
55-32 Mortgage Association or the Government National Mortgage
55-33 Association.
55-34 20. A transaction between any of the persons described in
55-35 subsection 19 involving a nonassignable contract to buy or sell the
55-36 securities described in subsection 18 if the contract is to be
55-37 completed within 2 years and if:
55-38 (a) The seller of the securities pursuant to the contract is one of
55-39 the parties described in subsection 18 or 19 who may originate
55-40 securities;
55-41 (b) The purchaser of securities pursuant to a contract is any
55-42 other person described in subsection 19; and
55-43 (c) The conditions described in subsection 18 are fulfilled.
56-1 21. A transaction involving one or more promissory notes
56-2 secured by a lien on real estate, or participating interests in those
56-3 notes, by:
56-4 (a) A mortgage company licensed pursuant to chapter 645E of
56-5 NRS to engage in those transactions; or
56-6 (b) A mortgage broker licensed pursuant to chapter 645B of
56-7 NRS to engage in those transactions.
56-8 Sec. 122. NRS 90.540 is hereby amended to read as follows:
56-9 90.540 The Administrator by regulation or order may:
56-10 1. Exempt any other security or transaction or class of
56-11 securities or transactions from NRS 90.460 and 90.560.
56-12 2. Adopt a transactional exemption for limited offerings that
56-13 will further the objectives of compatibility with the exemptions from
56-14 securities registration authorized by the Securities Act of 1933 and
56-15 uniformity among the states.
56-16 3. Require the filing of a notice and the payment of a fee not
56-17 greater than [$250] $375 for an exemption adopted pursuant to this
56-18 section.
56-19 Sec. 123. NRS 92A.195 is hereby amended to read as follows:
56-20 92A.195 1. One foreign entity or foreign general partnership
56-21 may convert into one domestic entity if:
56-22 (a) The conversion is permitted by the law of the jurisdiction
56-23 governing the foreign entity or foreign general partnership and the
56-24 foreign entity or foreign general partnership complies with that law
56-25 in effecting the conversion;
56-26 (b) The foreign entity or foreign general partnership complies
56-27 with the applicable provisions of NRS 92A.205 and, if it is the
56-28 resulting entity in the conversion, with NRS 92A.210 to 92A.240,
56-29 inclusive; and
56-30 (c) The domestic entity complies with the applicable provisions
56-31 of NRS 92A.105, 92A.120, 92A.135, 92A.140 and 92A.165 and, if
56-32 it is the resulting entity in the conversion, with NRS 92A.205 to
56-33 92A.240, inclusive.
56-34 2. When the conversion takes effect, the resulting foreign entity
56-35 in a conversion shall be deemed to have appointed the Secretary of
56-36 State as its agent for service of process in a proceeding to enforce
56-37 any obligation. Service of process must be made personally by
56-38 delivering to and leaving with the Secretary of State duplicate
56-39 copies of the process and the payment of a fee of [$25] $40 for
56-40 accepting and transmitting the process. The Secretary of State shall
56-41 send one of the copies of the process by registered or certified mail
56-42 to the resulting entity at its specified address, unless the resulting
56-43 entity has designated in writing to the Secretary of State a different
56-44 address for that purpose, in which case it must be mailed to the last
56-45 address so designated.
57-1 Sec. 124. NRS 104.9525 is hereby amended to read as
57-2 follows:
57-3 104.9525 1. Except as otherwise provided in subsection 5,
57-4 the fee for filing and indexing a record under this part, other than an
57-5 initial financing statement of the kind described in subsection 2 of
57-6 NRS 104.9502, is:
57-7 (a) [Twenty] Thirty dollars if the record is communicated in
57-8 writing and consists of one or two pages;
57-9 (b) [Forty] Sixty dollars if the record is communicated in writing
57-10 and consists of more than two pages, and [$1] $1.50 for each page
57-11 over 20 pages;
57-12 (c) [Ten] Fifteen dollars if the record is communicated by
57-13 another medium authorized by filing-office rule; and
57-14 (d) One dollar and fifty cents for each additional debtor, trade
57-15 name or reference to another name under which business is done.
57-16 2. The filing officer may charge and collect [$1] $1.50 for each
57-17 page of copy or record of filings produced by him at the request of
57-18 any person.
57-19 3. Except as otherwise provided in subsection 5, the fee for
57-20 filing and indexing an initial financing statement of the kind
57-21 described in subsection 3 of NRS 104.9502 is:
57-22 (a) [Forty] Sixty dollars if the financing statement indicates that
57-23 it is filed in connection with a public-finance transaction; and
57-24 (b) [Twenty] Thirty dollars if the financing statement indicates
57-25 that it is filed in connection with a manufactured-home transaction.
57-26 4. The fee for responding to a request for information from the
57-27 filing office, including for issuing a certificate showing whether
57-28 there is on file any financing statement naming a particular debtor,
57-29 is:
57-30 (a) [Twenty] Thirty dollars if the request is communicated in
57-31 writing; and
57-32 (b) [Fifteen] Twenty-five dollars if the request is communicated
57-33 by another medium authorized by filing-office rule.
57-34 5. This section does not require a fee with respect to a
57-35 mortgage that is effective as a financing statement filed as a fixture
57-36 filing or as a financing statement covering as-extracted collateral or
57-37 timber to be cut under subsection 3 of NRS 104.9502. However, the
57-38 fees for recording and satisfaction which otherwise would be
57-39 applicable to the mortgage apply.
57-40 Sec. 125. NRS 105.070 is hereby amended to read as follows:
57-41 105.070 1. The Secretary of State or county recorder shall
57-42 mark any security instrument and any statement of change, merger
57-43 or consolidation presented for filing with the day and hour of filing
57-44 and the file number assigned to it. This mark is, in the absence of
58-1 other evidence, conclusive proof of the time and fact of presentation
58-2 for filing.
58-3 2. The Secretary of State or county recorder shall retain and
58-4 file all security instruments and statements of change, merger or
58-5 consolidation presented for filing.
58-6 3. The uniform fee for filing and indexing a security
58-7 instrument, or a supplement or amendment thereto, and a statement
58-8 of change, merger or consolidation, and for stamping a copy of
58-9 those documents furnished by the secured party or the public utility,
58-10 to show the date and place of filing is [$15] $25 if the document is
58-11 in the standard form prescribed by the Secretary of State and
58-12 otherwise is [$20, plus $1] $30, plus $1.50 for each additional
58-13 debtor or trade name.
58-14 Sec. 126. NRS 105.080 is hereby amended to read as follows:
58-15 105.080 Upon the request of any person, the Secretary of State
58-16 shall issue his certificate showing whether there is on file on the
58-17 date and hour stated therein, any presently effective security
58-18 instrument naming a particular public utility, and if there is, giving
58-19 the date and hour of filing of the instrument and the names and
58-20 addresses of each secured party. The uniform fee for such a
58-21 certificate is [$15] $25 if the request for the certificate is in the
58-22 standard form prescribed by the Secretary of State and otherwise is
58-23 [$20.] $30. Upon request , the Secretary of State or a county
58-24 recorder shall furnish a copy of any filed security instrument upon
58-25 payment of the statutory fee for copies.
58-26 Sec. 127. NRS 108.831 is hereby amended to read as follows:
58-27 108.831 1. If a notice of federal lien, a refiling of a notice of
58-28 federal lien, or a notice of revocation of any certificate described in
58-29 subsection 2 is presented to the filing officer who is:
58-30 (a) The Secretary of State, he shall cause the notice to be
58-31 marked, held and indexed in accordance with the provisions of NRS
58-32 104.9519 as if the notice were a financing statement within the
58-33 meaning of the Uniform Commercial Code.
58-34 (b) Any other officer described in NRS 108.827, he shall
58-35 endorse thereon his identification and the date and time of receipt
58-36 and forthwith file it alphabetically or enter it in an alphabetical
58-37 index showing the name of the person named in the notice and the
58-38 date of receipt.
58-39 2. If a certificate of release, nonattachment, discharge or
58-40 subordination of any federal lien is presented to the Secretary of
58-41 State for filing , he shall:
58-42 (a) Cause a certificate of release or nonattachment to be marked,
58-43 held and indexed as if the certificate were a termination statement
58-44 within the meaning of the Uniform Commercial Code, except that
59-1 the notice of lien to which the certificate relates must not be
59-2 removed from the files; and
59-3 (b) Cause a certificate of discharge or subordination to be held,
59-4 marked and indexed as if the certificate were a release of collateral
59-5 within the meaning of the Uniform Commercial Code.
59-6 3. If a refiled notice of federal lien referred to in subsection 1
59-7 or any of the certificates or notices referred to in subsection 2 is
59-8 presented for filing with any other filing officer specified in NRS
59-9 108.827, he shall enter the refiled notice or the certificate with the
59-10 date of filing in any alphabetical index of liens.
59-11 4. Upon request of any person, the filing officer shall issue his
59-12 certificate showing whether there is on file, on the date and hour
59-13 stated therein, any active notice of lien or certificate or notice
59-14 affecting any lien filed under NRS 108.825 to 108.837, inclusive,
59-15 naming a particular person, and if a notice or certificate is on file,
59-16 giving the date and hour of filing of each notice or certificate. The
59-17 certificate must state that it reveals active liens only. The fee for a
59-18 certificate is [$15] $25 if the statement is in the standard form
59-19 prescribed by the Secretary of State and otherwise is [$20.] $30.
59-20 Upon request , the filing officer shall furnish a copy of any notice of
59-21 federal lien or notice or certificate affecting a federal lien for the
59-22 statutory fee for copies.
59-23 Sec. 128. NRS 119.130 is hereby amended to read as follows:
59-24 119.130 1. No subdivision or lot, parcel, unit or interest in
59-25 any subdivision may in any way be offered or sold in this state by
59-26 any person until:
59-27 (a) He has appointed in writing the Secretary of State to be his
59-28 agent, upon whom all process, in any action or proceeding against
59-29 him, may be served, and in this writing he agrees that any process
59-30 against him which is served on the Secretary of State is of the same
59-31 legal validity as if served on him and that the appointment continues
59-32 in force as long as any liability remains outstanding against him in
59-33 this state. The written appointment must be acknowledged before a
59-34 notary public and must be filed in the Office of the Secretary of
59-35 State with a fee of [$10] $15 for accepting and transmitting any
59-36 legal process served on the Secretary of State. Copies certified by
59-37 the Secretary of State are sufficient evidence of the appointment and
59-38 agreement.
59-39 (b) He has received a license under NRS 119.160.
59-40 2. Service of process authorized by paragraph (a) of subsection
59-41 1 must be made by filing with the Secretary of State:
59-42 (a) Two copies of the legal process. The copies must include a
59-43 specific citation to the provisions of this section. The Secretary of
59-44 State may refuse to accept such service if the proper citation is not
59-45 included in each copy.
60-1 (b) A fee of [$10.] $15.
60-2 The Secretary of State shall forthwith forward one copy of the legal
60-3 process to the licensee, by registered or certified mail prepaid to the
60-4 licensee.
60-5 Sec. 129. Chapter 225 of NRS is hereby amended by adding
60-6 thereto a new section to read as follows:
60-7 It is the intent of the Legislature that the fees authorized or
60-8 required to be collected by the Secretary of State must not be
60-9 increased for a period of at least 10 years after July 1, 2003.
60-10 Sec. 130. NRS 225.140 is hereby amended to read as follows:
60-11 225.140 1. Except as otherwise provided in subsection 2, in
60-12 addition to other fees authorized by law, the Secretary of State shall
60-13 charge and collect the following fees:
60-14 For a copy of any law, joint resolution,
60-15 transcript of record, or other paper on file or
60-16 of record in his office, other than a document
60-17 required to be filed pursuant to title 24 of
60-18 NRS, per page.................... [$1.00] $1.50
60-19 For a copy of any document required to be
60-20 filed pursuant to title 24 of NRS, per page [.50] .75
60-21 For certifying to any such copy and use of the
60-22 State Seal, for each impression[10.00] 15.00
60-23 For each passport or other document signed
60-24 by the Governor and attested by the Secretary
60-25 of State............................... [10.00] 15.00
60-26 For a negotiable instrument returned unpaid[10.00] 15.00
60-27 2. The Secretary of State:
60-28 (a) Shall charge a reasonable fee for searching records and
60-29 documents kept in his office.
60-30 (b) May charge or collect any filing or other fees for services
60-31 rendered by him to the State of Nevada, any local governmental
60-32 agency or agency of the Federal Government, or any officer thereof
60-33 in his official capacity or respecting his office or official duties.
60-34 (c) May not charge or collect a filing or other fee for:
60-35 (1) Attesting extradition papers or executive warrants for
60-36 other states.
60-37 (2) Any commission or appointment issued or made by the
60-38 Governor, either for the use of the State Seal or otherwise.
60-39 (d) May charge a reasonable fee[, not to exceed:
60-40 (1) Five hundred dollars,] of:
60-41 (1) Not more than $500 for providing service within 2 hours
60-42 after the time the service is requested; and
61-1 (2) [One hundred dollars,] Not more than $150 for providing
61-2 any other special service, including, but not limited to, providing
61-3 service more than 2 hours but within 24 hours after the time the
61-4 service is requested, accepting documents filed by facsimile
61-5 machine and other use of new technology.
61-6 (e) Shall charge a fee, not to exceed the actual cost to the
61-7 Secretary of State, for providing:
61-8 (1) A copy of any record kept in his office that is stored on a
61-9 computer or on microfilm if the copy is provided on a tape, disc or
61-10 other medium used for the storage of information by a computer or
61-11 on duplicate film.
61-12 (2) Access to his computer database on which records are
61-13 stored.
61-14 3. From each fee collected pursuant to paragraph (d) of
61-15 subsection 2:
61-16 (a) The entire amount or $50, whichever is less, of the fee
61-17 collected pursuant to subparagraph (1) of that paragraph and [half]
61-18 one-third of the fee collected pursuant to subparagraph (2) of that
61-19 paragraph must be deposited with the State Treasurer for credit to
61-20 the Account for Special Services of the Secretary of State in the
61-21 State General Fund. Any amount remaining in the Account at the
61-22 end of a fiscal year in excess of $2,000,000 must be transferred to
61-23 the State General Fund. Money in the Account may be transferred to
61-24 the Secretary of State’s operating general fund budget account and
61-25 must only be used to create and maintain the capability of the Office
61-26 of the Secretary of State to provide special services, including, but
61-27 not limited to, providing service:
61-28 (1) On the day it is requested or within 24 hours; or
61-29 (2) Necessary to increase or maintain the efficiency of the
61-30 Office.
61-31 Any transfer of money from the Account for expenditure by the
61-32 Secretary of State must be approved by the Interim Finance
61-33 Committee.
61-34 (b) After deducting the amount required pursuant to paragraph
61-35 (a), the remainder must be deposited with the State Treasurer for
61-36 credit to the State General Fund.
61-37 Sec. 131. NRS 240.030 is hereby amended to read as follows:
61-38 240.030 1. Except as otherwise provided in subsection 4,
61-39 each person applying for appointment as a notary public must:
61-40 (a) At the time he submits his application, pay to the Secretary
61-41 of State [$35.] $55.
61-42 (b) Take and subscribe to the oath set forth in Section 2 of
61-43 Article 15 of the Constitution of the State of Nevada as if he were a
61-44 public officer.
62-1 (c) Enter into a bond to the State of Nevada in the sum of
62-2 $10,000, to be filed with the clerk of the county in which the
62-3 applicant resides or, if the applicant is a resident of an adjoining
62-4 state, with the clerk of the county in this state in which the applicant
62-5 maintains a place of business or is employed. The applicant shall
62-6 submit to the Secretary of State a certificate issued by the
62-7 appropriate county clerk which indicates that the applicant filed the
62-8 bond required pursuant to this paragraph.
62-9 2. In addition to the requirements set forth in subsection 1, an
62-10 applicant for appointment as a notary public, including, without
62-11 limitation, a court reporter, who resides in an adjoining state must
62-12 submit to the Secretary of State with his application:
62-13 (a) An affidavit setting forth the adjoining state in which he
62-14 resides, his mailing address and the address of his place of business
62-15 or employment that is located within the State of Nevada; and
62-16 (b) Unless the applicant is self-employed, an affidavit from his
62-17 employer setting forth the facts that show:
62-18 (1) The employer is licensed to do business in the State of
62-19 Nevada; and
62-20 (2) The employer regularly employs the applicant at an
62-21 office, business or facility which is located within the State of
62-22 Nevada.
62-23 3. In completing an application, bond, oath or other document
62-24 necessary to apply for appointment as a notary public, an applicant
62-25 must not be required to disclose his residential address or telephone
62-26 number on any such document which will become available to the
62-27 public.
62-28 4. A court reporter who has received a certificate of registration
62-29 pursuant to NRS 656.180 may apply for appointment as a notary
62-30 public with limited powers. Such an applicant is not required to
62-31 enter into a bond to obtain the limited power of a notary public to
62-32 administer oaths or affirmations.
62-33 5. If required, the bond, together with the oath, must be filed
62-34 and recorded in the office of the county clerk of the county in which
62-35 the applicant resides when he applies for his appointment or, if the
62-36 applicant is a resident of an adjoining state, with the clerk of the
62-37 county in this state in which the applicant maintains a place of
62-38 business or is employed. On a form provided by the Secretary
62-39 of State, the county clerk shall immediately certify to the Secretary
62-40 of State that the required bond and oath have been filed and
62-41 recorded. Upon receipt of the application, fee and certification that
62-42 the required bond and oath have been filed and recorded, the
62-43 Secretary of State shall issue a certificate of appointment as a notary
62-44 public to the applicant.
63-1 6. Except as otherwise provided in subsection 7, the term of a
63-2 notary public commences on the effective date of the bond required
63-3 pursuant to paragraph (c) of subsection 1. A notary public shall not
63-4 perform a notarial act after the effective date of the bond unless he
63-5 has been issued a certificate of appointment.
63-6 7. The term of a notary public with limited powers commences
63-7 on the date set forth in his certificate of appointment.
63-8 8. Except as otherwise provided in this subsection, the
63-9 Secretary of State shall charge a fee of [$10] $15 for each duplicate
63-10 or amended certificate of appointment which is issued to a notary. If
63-11 the notary public does not receive an original certificate of
63-12 appointment, the Secretary of State shall provide a duplicate
63-13 certificate of appointment without charge if the notary public
63-14 requests such a duplicate within 60 days after the date on which the
63-15 original certificate was issued.
63-16 Sec. 132. NRS 240.033 is hereby amended to read as follows:
63-17 240.033 1. The bond required to be filed pursuant to NRS
63-18 240.030 must be executed by the person applying to become a
63-19 notary public as principal and by a surety company qualified and
63-20 authorized to do business in this state. The bond must be made
63-21 payable to the State of Nevada and be conditioned to provide
63-22 indemnification to a person determined to have suffered damage as
63-23 a result of an act by the notary public which violates a provision of
63-24 NRS 240.001 to 240.169, inclusive. The surety company shall pay a
63-25 final, nonappealable judgment of a court of this state that has
63-26 jurisdiction, upon receipt of written notice of final judgment. The
63-27 bond may be continuous but, regardless of the duration of the bond,
63-28 the aggregate liability of the surety does not exceed the penal sum of
63-29 the bond.
63-30 2. If the penal sum of the bond is exhausted, the surety
63-31 company shall notify the Secretary of State in writing within 30
63-32 days after its exhaustion.
63-33 3. The surety bond must cover the period of the appointment of
63-34 the notary public, except when a surety is released.
63-35 4. A surety on a bond filed pursuant to NRS 240.030 may be
63-36 released after the surety gives 30 days’ written notice to the
63-37 Secretary of State and notary public, but the release does not
63-38 discharge or otherwise affect a claim filed by a person for damage
63-39 resulting from an act of the notary public which is alleged to have
63-40 occurred while the bond was in effect.
63-41 5. The appointment of a notary public is suspended by
63-42 operation of law when the notary public is no longer covered by a
63-43 surety bond as required by this section and NRS 240.030 or the
63-44 penal sum of the bond is exhausted. If the Secretary of State
63-45 receives notice pursuant to subsection 4 that the bond will be
64-1 released or pursuant to subsection 2 that the penal sum of the bond
64-2 is exhausted, the Secretary shall immediately notify the notary
64-3 public in writing that his appointment will be suspended by
64-4 operation of law until another surety bond is filed in the same
64-5 manner and amount as the bond being terminated.
64-6 6. The Secretary of State may reinstate the appointment of a
64-7 notary public whose appointment has been suspended pursuant to
64-8 subsection 5, if the notary public, before his current term of
64-9 appointment expires:
64-10 (a) Submits to the Secretary of State:
64-11 (1) An application for an amended certificate of appointment
64-12 as a notary public; and
64-13 (2) A certificate issued by the clerk of the county in which
64-14 the applicant resides or, if the applicant is a resident of an adjoining
64-15 state, the county in this state in which the applicant maintains a
64-16 place of business or is employed, which indicates that the applicant
64-17 filed a new surety bond with the clerk.
64-18 (b) Pays to the Secretary of State a fee of [$10.] $15.
64-19 Sec. 133. NRS 240.036 is hereby amended to read as follows:
64-20 240.036 1. If, at any time during his appointment, a notary
64-21 public changes his mailing address, county of residence or signature
64-22 or, if he is a resident of an adjoining state, changes his place of
64-23 business or employment, he shall submit to the Secretary of State a
64-24 request for an amended certificate of appointment on a form
64-25 provided by the Secretary of State. The request must:
64-26 (a) Include the new information;
64-27 (b) Be submitted within 30 days after making that change; and
64-28 (c) Be accompanied by a fee of [$10.] $15.
64-29 2. The Secretary of State may suspend the appointment of a
64-30 notary public who fails to provide to the Secretary of State notice of
64-31 a change in any of the information specified in subsection 1.
64-32 3. If a notary public changes his name during his appointment
64-33 and he intends to use his new name in the performance of his
64-34 notarial duties, he shall submit to the Secretary of State a request for
64-35 an amended certificate of appointment on a form provided by the
64-36 Secretary of State. The request must:
64-37 (a) Include his new name and signature and his address;
64-38 (b) Be submitted within 30 days after making the change; and
64-39 (c) Be accompanied by a fee of [$10.] $15.
64-40 4. Upon receipt of a request for an amended certificate of
64-41 appointment and the appropriate fee, the Secretary of State shall
64-42 issue an amended certificate of appointment.
64-43 5. When the notary public receives the amended certificate of
64-44 appointment, he shall:
65-1 (a) Destroy his notary’s stamp and obtain a new notary’s stamp
65-2 which includes the information on the amended certificate.
65-3 (b) Notify the surety company which issued his bond of the
65-4 changes.
65-5 Sec. 134. NRS 240.045 is hereby amended to read as follows:
65-6 240.045 1. If the stamp of a notary public is lost, the notary
65-7 public shall, within 10 days after the stamp is lost, submit to the
65-8 Secretary of State a request for an amended certificate of
65-9 appointment, on a form provided by the Secretary of State, and
65-10 obtain a new stamp in accordance with NRS 240.036. The request
65-11 must be accompanied by a fee of [$10.] $15.
65-12 2. If the stamp is destroyed, broken, damaged or otherwise
65-13 rendered inoperable, the notary public shall immediately notify the
65-14 Secretary of State of that fact and obtain a new stamp.
65-15 3. A person or governmental entity shall not make,
65-16 manufacture or otherwise produce a notary’s stamp unless the
65-17 notary public presents his original or amended certificate of
65-18 appointment or a certified copy of his original or amended
65-19 certificate of appointment to that person or governmental entity.
65-20 Sec. 135. NRS 240.165 is hereby amended to read as follows:
65-21 240.165 1. A notarial act has the same effect under the law of
65-22 this state as if performed by a notarial officer of this state if
65-23 performed within the jurisdiction of and under authority of a foreign
65-24 nation or its constituent units or a multinational or international
65-25 organization by the following persons:
65-26 (a) A notary public;
65-27 (b) A judge, clerk or deputy clerk of a court of record; or
65-28 (c) A person authorized by the law of that jurisdiction to
65-29 perform notarial acts.
65-30 2. An “apostille” in the form prescribed by the Hague
65-31 Convention of October 5, 1961, conclusively establishes that the
65-32 signature of the notarial officer is genuine and that the officer holds
65-33 the indicated office. The Secretary of State shall, upon request and
65-34 payment of a fee of [$20,] $30, issue an apostille to verify a
65-35 signature of a notarial officer on a document that is kept in the
65-36 records of the Secretary of State unless the document had not been
65-37 notarized in accordance with the provisions of this chapter.
65-38 3. A certificate by an officer of the foreign service or consular
65-39 officer of the United States stationed in the nation under the
65-40 jurisdiction of which the notarial act was performed, or a certificate
65-41 by an officer of the foreign service or consular officer of that nation
65-42 stationed in the United States, conclusively establishes a matter
65-43 relating to the authenticity or validity of the notarial act set forth in
65-44 the certificate.
66-1 4. An official stamp or seal of the person performing the
66-2 notarial act is prima facie evidence that the signature is genuine and
66-3 that the person holds the indicated title.
66-4 5. An official stamp or seal of an officer listed in paragraph (a)
66-5 or (b) of subsection 1 is prima facie evidence that a person with the
66-6 indicated title has authority to perform notarial acts.
66-7 6. If the title of office and indication of authority to perform
66-8 notarial acts appears either in a digest of foreign law or in a list
66-9 customarily used as a source for that information, the authority of an
66-10 officer with that title to perform notarial acts is conclusively
66-11 established.
66-12 Sec. 136. NRS 240.270 is hereby amended to read as follows:
66-13 240.270 1. Each commissioned abstracter, before entering
66-14 upon the acts authorized in NRS 240.240 to 240.330, inclusive, and
66-15 at the time he receives his commission, shall:
66-16 (a) Pay to the Secretary of State the sum of [$10.] $15.
66-17 (b) Take the official oath as prescribed by law, which oath shall
66-18 be endorsed on his commission.
66-19 (c) Enter into a bond to the State of Nevada in the sum of
66-20 $2,000, to be approved by the district judge of the county for which
66-21 the commissioned abstracter may be appointed.
66-22 2. Each commissioned abstracter shall have his commission,
66-23 together with the bond, recorded in the office of the clerk of the
66-24 county for which he has been appointed.
66-25 Sec. 137. Chapter 244 of NRS is hereby amended by adding
66-26 thereto a new section to read as follows:
66-27 1. There is hereby imposed a tax at a rate of 2 percent of the
66-28 gross receipts from the rental of transient lodging in each county
66-29 upon those persons in the business of providing lodging who are
66-30 required to pay the tax imposed pursuant to NRS 244.3352. This
66-31 tax is in addition to any other taxes imposed on the revenue from
66-32 the rental of transient lodging.
66-33 2. The tax imposed pursuant to subsection 1 must be:
66-34 (a) Collected and administered by the county in which the
66-35 transient lodging is located in the same manner as provided for
66-36 the tax imposed pursuant to NRS 244.3352.
66-37 (b) Paid within the time set forth in the schedule of payment
66-38 adopted by that county for the tax imposed pursuant to
66-39 NRS 244.3352.
66-40 3. The tax imposed pursuant to subsection 1 may be collected
66-41 from the paying guests and may be shown as an addition to the
66-42 charge for the rental of transient lodging. The person providing
66-43 the transient lodging is liable to the State for the payment of the
66-44 tax whether or not it is actually collected from the paying guest.
67-1 4. If the tax imposed pursuant to subsection 1 is not paid
67-2 within the time set forth in the schedule for payment, the
67-3 governmental entity collecting the tax shall charge and collect in
67-4 addition to the tax:
67-5 (a) A penalty of not more than 10 percent of the amount due,
67-6 exclusive of interest, or the administrative fee established by the
67-7 board of county commissioners pursuant to NRS 244.3352,
67-8 whichever is greater; and
67-9 (b) Interest on the amount due at the rate of not more than 1.5
67-10 percent per month or fraction thereof from the date on which the
67-11 tax became due until the date of payment.
67-12 5. The governmental entity collecting the tax imposed
67-13 pursuant to subsection 1 shall deposit all proceeds of the tax and
67-14 any applicable penalties and interest with the State Treasurer for
67-15 credit to the State General Fund.
67-16 6. As used in this section “gross receipts from the rental of
67-17 transient lodging” does not include the tax imposed and collected
67-18 from paying guests pursuant to this section or NRS 244.3352 or
67-19 268.096.
67-20 Sec. 138. NRS 244.3357 is hereby amended to read as
67-21 follows:
67-22 244.3357 On or before August 15 of each year, the board of
67-23 county commissioners in each county shall submit a report to the
67-24 Department of Taxation which states:
67-25 1. The rate of all taxes imposed on the revenues from the rental
67-26 of transient lodging pursuant to NRS 244.335 and 244.3352 and any
67-27 special act in the preceding fiscal year;
67-28 2. The total amount of revenue collected from all taxes
67-29 imposed on the revenues from the rental of transient lodging
67-30 pursuant to NRS 244.335 and 244.3352 and any special act in the
67-31 preceding fiscal year; [and]
67-32 3. The total amount of revenue collected from the tax
67-33 imposed on the revenues from the rental of transient lodging
67-34 pursuant to section 137 of this act; and
67-35 4. The manner in which the revenue reported pursuant to
67-36 subsection 2 was used in the previous fiscal year.
67-37 Sec. 139. NRS 244.3358 is hereby amended to read as
67-38 follows:
67-39 244.3358 1. A county whose population is less than 100,000
67-40 may by ordinance assign to a district created pursuant to chapter 318
67-41 of NRS which has been granted the basic power of furnishing
67-42 recreational facilities all or any portion of the proceeds of any tax on
67-43 the revenues from the rental of transient lodging which is imposed
67-44 by the county and collected within the boundaries of the district,
67-45 except the tax imposed pursuant to NRS 244.3352 , [or] a tax
68-1 imposed pursuant to NRS 244.3351[.] or the tax imposed pursuant
68-2 to section 137 of this act.
68-3 2. The district may use the proceeds assigned pursuant to
68-4 subsection 1 for any purpose authorized pursuant to NRS 318.143.
68-5 3. The district may, with the consent of the board of county
68-6 commissioners or as otherwise provided in NRS 268.460,
68-7 irrevocably pledge the proceeds assigned pursuant to subsection 1
68-8 for:
68-9 (a) The repayment of any bonds or short-term or medium-term
68-10 obligations issued pursuant to chapter 318 or 350 of NRS for any
68-11 lawful purpose pertaining to the furnishing of recreational facilities;
68-12 or
68-13 (b) The refinancing of any such bonds or obligations.
68-14 The consent of the board of county commissioners must be given by
68-15 resolution. If any proceeds are pledged pursuant to this subsection,
68-16 the assignment of the proceeds may not be revoked until the bonds
68-17 or short-term or medium-term obligations for which the proceeds
68-18 were pledged have been completely repaid.
68-19 4. No assignment may be made pursuant to this section which
68-20 is inconsistent with an assignment made or contract entered into for
68-21 the purposes of NRS 244A.597 to 244A.655, inclusive.
68-22 5. A county which makes an assignment pursuant to this
68-23 section may retain an amount equal to the reasonable cost of
68-24 collecting the tax, which must not exceed 2 percent of the proceeds
68-25 of the tax for any period of collection.
68-26 Sec. 140. NRS 244.3359 is hereby amended to read as
68-27 follows:
68-28 244.3359 1. A county whose population is 400,000 or more
68-29 shall not impose a new tax on the rental of transient lodging or
68-30 increase the rate of an existing tax on the rental of transient lodging
68-31 after March 25, 1991, except pursuant to NRS 244.3351 and
68-32 244.3352[.] and section 137 of this act.
68-33 2. A county whose population is 100,000 or more but less than
68-34 400,000 shall not impose a new tax on the rental of transient lodging
68-35 or increase the rate of an existing tax on the rental of transient
68-36 lodging after March 25, 1991[.] , except pursuant to section 137 of
68-37 this act.
68-38 3. The Legislature hereby declares that the limitation imposed
68-39 by subsection 2 will not be repealed or amended except as otherwise
68-40 provided in section 137 of this act or to allow the imposition of an
68-41 increase in such a tax for the promotion of tourism or for the
68-42 construction or operation of tourism facilities by a convention and
68-43 visitors authority.
69-1 Sec. 141. NRS 244A.637 is hereby amended to read as
69-2 follows:
69-3 244A.637 1. For the acquisition of any recreational facilities
69-4 authorized in NRS 244A.597 to 244A.655, inclusive, the county fair
69-5 and recreation board, at any time or from time to time may:
69-6 (a) In the name of and on behalf of the county, issue:
69-7 (1) General obligation bonds, payable from taxes; and
69-8 (2) General obligation bonds, payable from taxes, which
69-9 payment is additionally secured by a pledge of gross or net revenues
69-10 derived from the operation of such recreational facilities, and, if so
69-11 determined by the board, further secured by a pledge of such other
69-12 gross or net revenues as may be derived from any other income-
69-13 producing project of the county or from any license or other excise
69-14 taxes levied for revenue by the county, or otherwise, as may be
69-15 legally made available for their payment;
69-16 (b) In the name of and on behalf of the county fair and
69-17 recreation board, issue revenue bonds:
69-18 (1) Payable from the net revenues to be derived from the
69-19 operation of such recreational facilities;
69-20 (2) Secured by a pledge of revenues from any tax on the
69-21 rental of transient lodging levied for revenue by the county or a city
69-22 [;] , other than revenues from the tax on the rental of transient
69-23 lodging imposed pursuant to section 137 of this act;
69-24 (3) Secured by any other revenue that may be legally made
69-25 available for their payment; or
69-26 (4) Payable or secured by any combination of subparagraph
69-27 (1), (2) or (3); and
69-28 (c) Make a contract with the United States of America, or any
69-29 agency or instrumentality thereof, or any other person or agency,
69-30 public or private, creating an indebtedness if a question authorizing
69-31 such contract is submitted to and approved by a majority of the
69-32 qualified electors of the county in the manner provided in NRS
69-33 350.020 to 350.070, inclusive. This paragraph does not apply to
69-34 contracts for the prepayment of rent or other similar obligations.
69-35 2. Revenue bonds issued pursuant to this section must be
69-36 authorized by resolution of the county fair and recreation board, and
69-37 no further approval by any person, board or commission is required.
69-38 Sec. 142. Chapter 268 of NRS is hereby amended by adding
69-39 thereto a new section to read as follows:
69-40 1. There is hereby imposed a tax at a rate of 2 percent of the
69-41 gross receipts from the rental of transient lodging in each city
69-42 upon those persons in the business of providing lodging who are
69-43 required to pay the tax imposed pursuant to NRS 268.096. This tax
69-44 is in addition to any other taxes imposed on the revenue from the
69-45 rental of transient lodging.
70-1 2. The tax imposed pursuant to subsection 1 must be:
70-2 (a) Collected and administered by the city in which the
70-3 transient lodging is located in the same manner as provided for
70-4 the tax imposed pursuant to NRS 268.096.
70-5 (b) Paid within the time set forth in the schedule of payment
70-6 adopted by that city for the tax imposed pursuant to NRS 268.096.
70-7 3. The tax imposed pursuant to subsection 1 may be collected
70-8 from the paying guests and may be shown as an addition to the
70-9 charge for the rental of transient lodging. The person providing
70-10 the transient lodging is liable to the State for the payment of the
70-11 tax whether or not it is actually collected from the paying guest.
70-12 4. If the tax imposed pursuant to subsection 1 is not paid
70-13 within the time set forth in the schedule for payment, the city shall
70-14 charge and collect in addition to the tax:
70-15 (a) A penalty of not more than 10 percent of the amount due,
70-16 exclusive of interest, or the administrative fee established by the
70-17 governing body of the city pursuant to NRS 268.096, whichever is
70-18 greater; and
70-19 (b) Interest on the amount due at the rate of not more than 1.5
70-20 percent per month or fraction thereof from the date on which the
70-21 tax became due until the date of payment.
70-22 5. The governmental entity collecting the tax imposed
70-23 pursuant to subsection 1 shall deposit all proceeds of the tax and
70-24 any applicable penalties and interest with the State Treasurer for
70-25 credit to the State General Fund.
70-26 6. As used in this section “gross receipts from the rental of
70-27 transient lodging” does not include the tax imposed and collected
70-28 from paying guests pursuant to this section or NRS 244.3352 or
70-29 268.096.
70-30 Sec. 143. NRS 268.0966 is hereby amended to read as
70-31 follows:
70-32 268.0966 On or before August 15 of each year, the governing
70-33 body of each city shall submit a report to the Department of
70-34 Taxation which states:
70-35 1. The rate of all taxes imposed on the revenues from the rental
70-36 of transient lodging pursuant to NRS 268.095 and 268.096 and any
70-37 special act in the preceding fiscal year;
70-38 2. The total amount of revenue collected from all taxes
70-39 imposed on the revenues from the rental of transient lodging
70-40 pursuant to NRS 268.095 and 268.096 and any special act in the
70-41 preceding fiscal year; [and]
70-42 3. The total amount of revenue collected from the tax
70-43 imposed on the revenues from the rental of transient lodging
70-44 pursuant to section 142 of this act; and
71-1 4. The manner in which the revenue reported pursuant to
71-2 subsection 2 was used in the previous fiscal year.
71-3 Sec. 144. NRS 268.0968 is hereby amended to read as
71-4 follows:
71-5 268.0968 1. Except as otherwise provided in NRS 268.096
71-6 and 268.801 to 268.808, inclusive, and section 142 of this act, a
71-7 city located in a county whose population is 400,000 or more shall
71-8 not impose a new tax on the rental of transient lodging or increase
71-9 the rate of an existing tax on the rental of transient lodging after
71-10 March 25, 1991.
71-11 2. Except as otherwise provided in NRS 268.7845[,] and
71-12 section 142 of this act, a city located in a county whose population
71-13 is 100,000 or more but less than 400,000 shall not impose a new tax
71-14 on the rental of transient lodging or increase the rate of an existing
71-15 tax on the rental of transient lodging after March 25, 1991.
71-16 3. The Legislature hereby declares that the limitation imposed
71-17 by subsection 2 will not be repealed or amended except as otherwise
71-18 provided in section 142 of this act or to allow the imposition of an
71-19 increase in such a tax for:
71-20 (a) The promotion of tourism;
71-21 (b) The construction or operation of tourism facilities by a
71-22 convention and visitors authority; or
71-23 (c) The acquisition, establishment, construction or expansion of
71-24 one or more railroad grade separation projects.
71-25 Sec. 145. Chapter 353 of NRS is hereby amended by adding
71-26 thereto a new section to read as follows:
71-27 “Account” means the Disaster Relief Account created pursuant
71-28 to NRS 353.2735.
71-29 Sec. 146. NRS 353.1465 is hereby amended to read as
71-30 follows:
71-31 353.1465 1. Except as otherwise provided in NRS 482.293,
71-32 a state agency that annually receives revenue in an amount of
71-33 $1,000,000 or more shall establish a program that provides for:
71-34 (a) The payment of money owed to the agency by credit cards,
71-35 debit cards or electronic transfers of money; and
71-36 (b) The electronic and telephonic filing of reports required by
71-37 the agency in association with the payment of money owed to the
71-38 agency.
71-39 2. Upon approval of the State Board of Finance, a state agency
71-40 may enter into contracts with issuers of credit cards or debit cards or
71-41 operators of systems that provide for the electronic transfer of
71-42 money to provide for the acceptance of credit cards, debit cards or
71-43 electronic transfers of money by the agency:
71-44 (a) For the payment of money owed to the agency for taxes,
71-45 interest, penalties or any other obligation; or
72-1 (b) In payment for goods or services.
72-2 [2.] 3. Before a state agency may enter into a contract pursuant
72-3 to subsection [1,] 2, the agency must submit the proposed contract to
72-4 the State Treasurer for his review and transmittal to the State Board
72-5 of Finance.
72-6 [3.] 4. Except as otherwise provided in subsection [4,] 5, if the
72-7 issuer or operator charges the state agency a fee for each use of a
72-8 credit card or debit card or for each electronic transfer of money, the
72-9 state agency may require the cardholder or the person requesting
72-10 the electronic transfer of money to pay a fee, which must not exceed
72-11 the amount charged to the state agency by the issuer or operator.
72-12 [4.] 5. A state agency that is required to pay a fee charged by
72-13 the issuer or operator for the use of a credit card or debit card or for
72-14 an electronic transfer of money may, pursuant to NRS 353.148, file
72-15 a claim with the Director of the Department of Administration for
72-16 reimbursement of the fees paid to the issuer or operator during the
72-17 immediately preceding quarter.
72-18 [5.] 6. As used in this section:
72-19 (a) “Cardholder” means the person or organization named on the
72-20 face of a credit card or debit card to whom or for whose benefit the
72-21 credit card or debit card is issued by an issuer.
72-22 (b) “Credit card” means any instrument or device, whether
72-23 known as a credit card or credit plate, or by any other name, issued
72-24 with or without a fee by an issuer for the use of the cardholder in
72-25 obtaining money, property, goods, services or anything else of value
72-26 on credit.
72-27 (c) “Debit card” means any instrument or device, whether
72-28 known as a debit card or by any other name, issued with or without
72-29 a fee by an issuer for the use of the cardholder in depositing,
72-30 obtaining or transferring funds.
72-31 (d) “Electronic transfer of money” has the meaning ascribed to it
72-32 in NRS 463.01473.
72-33 (e) “Issuer” means a business organization, financial institution
72-34 or authorized agent of a business organization or financial institution
72-35 that issues a credit card or debit card.
72-36 Sec. 147. NRS 353.210 is hereby amended to read as follows:
72-37 353.210 1. Except as otherwise provided in subsection 6, on
72-38 or before September 1 of each even-numbered year, all departments,
72-39 institutions and other agencies of the Executive Department of the
72-40 State Government, and all agencies of the Executive Department of
72-41 the State Government receiving state money, fees or other money
72-42 under the authority of the State, including those operating on money
72-43 designated for specific purposes by the Nevada Constitution or
72-44 otherwise, shall prepare, on blanks furnished them by the Chief, and
72-45 submit to the Chief [estimates] :
73-1 (a) The number of positions within the department, institution
73-2 or agency that have been vacant for at least 12 months, the
73-3 number of months each such position has been vacant and the
73-4 reasons for each such vacancy; and
73-5 (b) Estimates of their expenditure requirements, together with
73-6 all anticipated income from fees and all other sources, for the next 2
73-7 fiscal years compared with the corresponding figures of the last
73-8 completed fiscal year and the estimated figures for the current fiscal
73-9 year.
73-10 2. The Chief shall direct that one copy of the forms submitted
73-11 pursuant to subsection 1, accompanied by every supporting schedule
73-12 and any other related material, be delivered directly to the Fiscal
73-13 Analysis Division of the Legislative Counsel Bureau on or before
73-14 September 1 of each even-numbered year.
73-15 3. The Budget Division of the Department of Administration
73-16 shall give advance notice to the Fiscal Analysis Division of the
73-17 Legislative Counsel Bureau of any conference between the Budget
73-18 Division of the Department of Administration and personnel of
73-19 other state agencies regarding budget estimates. A fiscal analyst of
73-20 the Legislative Counsel Bureau or his designated representative may
73-21 attend any such conference.
73-22 4. The estimates of expenditure requirements submitted
73-23 pursuant to subsection 1 must be classified to set forth the data of
73-24 funds, organizational units, and the character and objects of
73-25 expenditures, and must include a mission statement and
73-26 measurement indicators for each program. The organizational units
73-27 may be subclassified by functions and activities, or in any other
73-28 manner at the discretion of the Chief.
73-29 5. If any department, institution or other agency of the
73-30 Executive Department of the State Government, whether its money
73-31 is derived from state money or from other money collected under
73-32 the authority of the State, fails or neglects to submit estimates of its
73-33 expenditure requirements as provided in this section, the Chief may,
73-34 from any data at hand in his office or which he may examine or
73-35 obtain elsewhere, make and enter a proposed budget for the
73-36 department, institution or agency in accordance with the data.
73-37 6. Agencies, bureaus, commissions and officers of the
73-38 Legislative Department, the Public Employees’ Retirement System
73-39 and the Judicial Department of the State Government shall submit to
73-40 the Chief for his information in preparing the proposed executive
73-41 budget the budgets which they propose to submit to the Legislature.
73-42 Sec. 148. NRS 353.213 is hereby amended to read as follows:
73-43 353.213 1. In preparing the proposed budget for the
73-44 Executive Department of the State Government for each biennium,
73-45 the Chief shall not exceed the limit upon total proposed
74-1 expenditures for purposes other than construction from the State
74-2 General Fund calculated pursuant to this section. The base for each
74-3 biennium is the total expenditure, for the purposes limited, from the
74-4 State General Fund appropriated and authorized by the Legislature
74-5 for the [biennium beginning on July 1, 1975.] immediately
74-6 preceding biennium, minus any amount transferred from the State
74-7 General Fund to any other fund during that biennium.
74-8 2. The limit for each biennium is calculated as follows:
74-9 (a) The amount of expenditure constituting the base is
74-10 multiplied by the percentage of change in population [for] on July 1
74-11 of the first fiscal year in the current biennium from the population
74-12 on [July 1, 1974,] July 1 of the first fiscal year in the immediately
74-13 preceding biennium, and this product is added to or subtracted from
74-14 the amount of expenditure constituting the base.
74-15 (b) The amount calculated pursuant to paragraph (a) is
74-16 multiplied by the percentage of inflation or deflation, and this
74-17 product is added to or subtracted from the amount calculated
74-18 pursuant to paragraph (a).
74-19 (c) Subject to the limitations of this paragraph:
74-20 (1) If the amount resulting from the calculations pursuant to
74-21 paragraphs (a) and (b) represents a net increase over the base
74-22 biennium, the Chief may increase the proposed expenditure
74-23 accordingly.
74-24 (2) If the amount represents a net decrease, the Chief shall
74-25 decrease the proposed expenditure accordingly.
74-26 (3) If the amount is the same as in the base biennium, that
74-27 amount is the limit of permissible proposed expenditure.
74-28 The proposed budget for each fiscal year of the biennium must
74-29 provide for a reserve of not less than 5 percent nor more than [10]
74-30 15 percent of the total of all proposed appropriations from the State
74-31 General Fund for the operation of all departments, institutions and
74-32 agencies of the State Government and authorized expenditures from
74-33 the State General Fund for the regulation of gaming for that fiscal
74-34 year.
74-35 3. The [revised estimate of] population for the State [issued by
74-36 the United States Department of Commerce as of July 1, 1974, must
74-37 be used, and] certified by the Governor [shall certify] pursuant to
74-38 NRS 360.285 must be used to calculate the percentage of increase
74-39 or decrease in population for each [succeeding biennium.] biennium
74-40 pursuant to paragraph (a) of subsection 2. The Consumer Price
74-41 Index published by the United States Department of Labor for July
74-42 preceding each biennium must be used in determining the
74-43 percentage of inflation or deflation[.] pursuant to paragraph (b) of
74-44 subsection 2.
75-1 4. The Chief may exceed the limit to the extent necessary to
75-2 meet situations in which there is a threat to life or property.
75-3 Sec. 149. NRS 353.2705 is hereby amended to read as
75-4 follows:
75-5 353.2705 As used in NRS 353.2705 to 353.2771, inclusive,
75-6 and section 145 of this act, unless the context otherwise requires,
75-7 the words and terms defined in NRS 353.271 to 353.2731, inclusive,
75-8 and section 145 of this act have the meanings ascribed to them in
75-9 those sections.
75-10 Sec. 150. NRS 353.2735 is hereby amended to read as
75-11 follows:
75-12 353.2735 1. The Disaster Relief [Fund] Account is hereby
75-13 created as a special [revenue fund.] Account in the Fund to
75-14 Stabilize the Operation of the State Government. The Interim
75-15 Finance Committee shall administer the [Fund.] Account.
75-16 2. The Division may accept grants, gifts or donations for
75-17 deposit in the [Fund.] Account. Except as otherwise provided in
75-18 subsection 3, money received from:
75-19 (a) A direct legislative appropriation to the [Fund;] Account;
75-20 (b) A transfer of [one-half of the interest earned on money] not
75-21 more than 10 percent of the aggregate balance in the Fund to
75-22 Stabilize the Operation of the State Government made pursuant to
75-23 NRS 353.288; and
75-24 (c) A grant, gift or donation to the [Fund,] Account,
75-25 must be deposited in the [Fund.] Account. Except as otherwise
75-26 provided in NRS 414.135, the interest and income earned on the
75-27 money in the [Fund] Account must, after deducting any applicable
75-28 charges, be credited to the [Fund.] Account.
75-29 3. If, at the end of each quarter of a fiscal year, the balance in
75-30 the [Fund] Account exceeds 0.75 percent of the total amount of all
75-31 appropriations from the State General Fund for the operation of all
75-32 departments, institutions and agencies of State Government and
75-33 authorized expenditures from the State General Fund for the
75-34 regulation of gaming for that fiscal year, the State Controller shall
75-35 not, until the balance in the [Fund] Account is 0.75 percent or less
75-36 of that amount, transfer any [interest earned on] money in the Fund
75-37 to Stabilize the Operation of the State Government from the State
75-38 General Fund to the [Fund] Account pursuant to the provisions of
75-39 NRS 353.288.
75-40 4. Money in the [Fund] Account may be distributed through
75-41 grants and loans to state agencies and local governments as provided
75-42 in NRS 353.2705 to 353.2771, inclusive[.] , and section 145 of this
75-43 act. Except as otherwise provided in NRS 353.276, such grants will
75-44 be disbursed on the basis of reimbursement of costs authorized
75-45 pursuant to NRS 353.274 and 353.2745.
76-1 5. If the Governor declares a disaster, the State Board of
76-2 Examiners shall estimate:
76-3 (a) The money in the [Fund] Account that is available for grants
76-4 and loans for the disaster pursuant to the provisions of NRS
76-5 353.2705 to 353.2771, inclusive; and
76-6 (b) The anticipated amount of those grants and loans for the
76-7 disaster.
76-8 Except as otherwise provided in this subsection, if the anticipated
76-9 amount determined pursuant to paragraph (b) exceeds the available
76-10 money in the [Fund] Account for such grants and loans, all grants
76-11 and loans from the [Fund] Account for the disaster must be reduced
76-12 in the same proportion that the anticipated amount of the grants and
76-13 loans exceeds the money in the [Fund] Account that is available for
76-14 grants and loans for the disaster. If the reduction of a grant or loan
76-15 from the [Fund] Account would result in a reduction in the amount
76-16 of money that may be received by a state agency or local
76-17 government from the Federal Government, the reduction in the grant
76-18 or loan must not be made.
76-19 Sec. 151. NRS 353.274 is hereby amended to read as follows:
76-20 353.274 Money in the [Fund] Account may be distributed as a
76-21 grant to a state agency because of a disaster for the payment of
76-22 expenses incurred by the state agency for:
76-23 1. The repair or replacement of public roads, public streets,
76-24 bridges, water control facilities, public buildings, public utilities,
76-25 recreational facilities and parks owned by the State and damaged by
76-26 the disaster;
76-27 2. Any emergency measures undertaken to save lives, protect
76-28 public health and safety or protect public property, including,
76-29 without limitation, an emergency measure undertaken in response to
76-30 a crisis involving violence on school property, at a school activity or
76-31 on a school bus, in the jurisdiction in which the disaster occurred;
76-32 3. The removal of debris from publicly or privately owned land
76-33 and waterways undertaken because of the disaster; and
76-34 4. The administration of a disaster assistance program.
76-35 Sec. 152. NRS 353.2745 is hereby amended to read as
76-36 follows:
76-37 353.2745 Money in the [Fund] Account may be distributed as
76-38 a grant to a local government because of a disaster for:
76-39 1. The payment of not more than 50 percent of the expenses
76-40 incurred by the local government for:
76-41 (a) The repair or replacement of public roads, public streets,
76-42 bridges, water control facilities, public buildings, public utilities,
76-43 recreational facilities and parks owned by the local government and
76-44 damaged by the disaster; and
77-1 (b) Any emergency measures undertaken to save lives, protect
77-2 public health and safety or protect public property, including,
77-3 without limitation, an emergency measure undertaken in response to
77-4 a crisis involving violence on school property, at a school activity or
77-5 on a school bus, in the jurisdiction in which the disaster occurred;
77-6 and
77-7 2. The payment of not more than 50 percent of any grant match
77-8 the local government must provide to obtain a grant from a federal
77-9 disaster assistance agency for an eligible project to repair damage
77-10 caused by the disaster within the jurisdiction of the local
77-11 government.
77-12 Sec. 153. NRS 353.2751 is hereby amended to read as
77-13 follows:
77-14 353.2751 Money in the [Fund] Account may be distributed as
77-15 a loan to a local government because of a disaster for:
77-16 1. The payment of expenses incurred by the local government
77-17 for:
77-18 (a) The repair or replacement of public roads, public streets,
77-19 bridges, water control facilities, public buildings, public utilities,
77-20 recreational facilities and parks owned by the local government and
77-21 damaged by the disaster;
77-22 (b) Any overtime worked by an employee of the local
77-23 government because of the disaster or any other extraordinary
77-24 expenses incurred by the local government because of the disaster;
77-25 and
77-26 (c) Any projects to reduce or prevent the possibility of damage
77-27 to persons or property from similar disasters in the future; and
77-28 2. The payment of not more than 50 percent of any grant match
77-29 the local government must provide to obtain a grant from a federal
77-30 disaster assistance agency for an eligible project to repair damage
77-31 caused by the disaster within the jurisdiction of the local
77-32 government. Before a loan may be distributed to a local government
77-33 pursuant to this subsection:
77-34 (a) The Interim Finance Committee must make a determination
77-35 that the local government is currently unable to meet its financial
77-36 obligations; and
77-37 (b) The local government must execute a loan agreement in
77-38 which the local government agrees to:
77-39 (1) Use the money only for the purpose of paying the grant
77-40 match; and
77-41 (2) Repay the entire amount of the loan, without any interest
77-42 or other charges, to the Disaster Relief [Fund] Account not later
77-43 than 10 years after the date on which the agreement is executed.
78-1 Sec. 154. NRS 353.2753 is hereby amended to read as
78-2 follows:
78-3 353.2753 1. A state agency or local government may request
78-4 the Division to conduct a preliminary assessment of the damages
78-5 related to an event for which the state agency or local government
78-6 seeks a grant or loan from the [Fund.] Account.
78-7 2. Upon receipt of such a request, the Division shall investigate
78-8 the event or cause the event to be investigated to make a preliminary
78-9 assessment of the damages related to the event and shall make or
78-10 cause to be made a written report of the damages related to the
78-11 event.
78-12 3. As soon as practicable after completion of the investigation
78-13 and preparation of the report of damages, the Division shall:
78-14 (a) Determine whether the event constitutes a disaster for which
78-15 the state agency or local government may seek a grant or loan from
78-16 the [Fund;] Account; and
78-17 (b) Submit the report prepared pursuant to this section and its
78-18 written determination regarding whether the event constitutes a
78-19 disaster to the state agency or local government.
78-20 4. The Division shall prescribe by regulation the information
78-21 that must be included in a report of damages, including, without
78-22 limitation, a description of the damage caused by the event, an
78-23 estimate of the costs to repair such damage and a specification of
78-24 whether the purpose of the project is for repair or replacement,
78-25 emergency response or mitigation.
78-26 Sec. 155. NRS 353.2754 is hereby amended to read as
78-27 follows:
78-28 353.2754 A local government may request a grant or loan from
78-29 the [Fund] Account if:
78-30 1. Pursuant to NRS 414.090, the governing body of the local
78-31 government determines that an event which has occurred constitutes
78-32 a disaster; and
78-33 2. After the Division conducts a preliminary assessment of the
78-34 damages pursuant to NRS 353.2753, the Division determines that an
78-35 event has occurred that constitutes a disaster.
78-36 Sec. 156. NRS 353.2755 is hereby amended to read as
78-37 follows:
78-38 353.2755 1. A state agency or local government may submit
78-39 a request to the State Board of Examiners for a grant or loan from
78-40 the [Fund] Account as provided in NRS 353.2705 to 353.2771,
78-41 inclusive, and section 145 of this act, if:
78-42 (a) The agency or local government finds that, because of a
78-43 disaster, it is unable to pay for an expense or grant match specified
78-44 in NRS 353.274, 353.2745 or 353.2751 from money appropriated or
78-45 otherwise available to the agency or local government;
79-1 (b) The request has been approved by the chief administrative
79-2 officer of the state agency or the governing body of the local
79-3 government; and
79-4 (c) If the requester is an incorporated city, the city has requested
79-5 financial assistance from the county and was denied all or a portion
79-6 of the requested assistance.
79-7 2. A request for a grant or loan submitted pursuant to
79-8 subsection 1 must be made within 60 days after the disaster and
79-9 must include:
79-10 (a) A statement setting forth the amount of money requested by
79-11 the state agency or local government;
79-12 (b) An assessment of the need of the state agency or local
79-13 government for the money requested;
79-14 (c) If the request is submitted by a local government that has
79-15 established a fund pursuant to NRS 354.6115 to mitigate the effects
79-16 of a natural disaster, a statement of the amount of money that is
79-17 available in that fund, if any, for the payment of expenses incurred
79-18 by the local government as a result of a disaster;
79-19 (d) A determination of the type, value and amount of resources
79-20 the state agency or local government may be required to provide as
79-21 a condition for the receipt of a grant or loan from the [Fund;]
79-22 Account;
79-23 (e) A written report of damages prepared by the Division and the
79-24 written determination made by the Division that the event
79-25 constitutes a disaster pursuant to NRS 353.2753; and
79-26 (f) If the requester is an incorporated city, all documents which
79-27 relate to a request for assistance submitted to the board of county
79-28 commissioners of the county in which the city is located.
79-29 Any additional documentation relating to the request that is
79-30 requested by the State Board of Examiners must be submitted within
79-31 6 months after the disaster unless the State Board of Examiners and
79-32 the Interim Finance Committee [grants] grant an extension.
79-33 3. Upon the receipt of a complete request for a grant or loan
79-34 submitted pursuant to subsection 1, the State Board of Examiners:
79-35 (a) Shall consider the request; and
79-36 (b) May require any additional information that it determines is
79-37 necessary to make a recommendation.
79-38 4. If the State Board of Examiners finds that a grant or loan is
79-39 appropriate, it shall include in its recommendation to the Interim
79-40 Finance Committee the proposed amount of the grant or loan. If the
79-41 State Board of Examiners recommends a grant, it shall include a
79-42 recommendation regarding whether or not the state agency or local
79-43 government requires an advance to avoid severe financial hardship.
79-44 If the State Board of Examiners recommends a loan for a local
79-45 government, it shall include the information required pursuant to
80-1 subsection 1 of NRS 353.2765. If the State Board of Examiners
80-2 finds that a grant or loan is not appropriate, it shall include in its
80-3 recommendation the reason for its determination.
80-4 5. The provisions of this section do not prohibit a state agency
80-5 or local government from submitting more than one request for a
80-6 grant or loan from the [Fund.] Account.
80-7 6. As used in this section, the term “natural disaster” has the
80-8 meaning ascribed to it in NRS 354.6115.
80-9 Sec. 157. NRS 353.276 is hereby amended to read as follows:
80-10 353.276 1. The State Board of Examiners shall submit a
80-11 recommendation for each request for a grant or loan made pursuant
80-12 to NRS 353.2755 to the Director of the Legislative Counsel Bureau.
80-13 Upon receipt of the recommendation, the Director shall notify the
80-14 Chairman of the Interim Finance Committee of that
80-15 recommendation. The Chairman shall call a meeting of the
80-16 Committee to consider the recommendation.
80-17 2. The Interim Finance Committee may reject any
80-18 recommendation of the State Board of Examiners and independently
80-19 evaluate and act upon any request submitted pursuant to
80-20 NRS 353.2755.
80-21 3. If the Interim Finance Committee finds that a grant or loan
80-22 from the [Fund] Account is appropriate and may be made in
80-23 accordance with the provisions of NRS 353.2705 to 353.2771,
80-24 inclusive, and section 145 of this act, it shall, by resolution:
80-25 (a) Establish the amount and purpose of the grant or loan.
80-26 (b) Except as otherwise provided in this paragraph, provide for
80-27 the transfer of that amount from the [Fund] Account to the
80-28 appropriate state agency or local government. If the request is for a
80-29 grant, the Interim Finance Committee shall authorize disbursement
80-30 of the grant from the [Fund] Account on the basis of reimbursement
80-31 for costs unless it determines that disbursement in that manner
80-32 would cause severe financial hardship to the state agency or local
80-33 government. If the Interim Finance Committee determines that
80-34 disbursement on the basis of reimbursement of costs would cause
80-35 severe financial hardship, the Interim Finance Committee may
80-36 authorize an advance of money to the state agency or local
80-37 government in an amount not to exceed 25 percent of the total
80-38 estimated cost of the projects for which the grant is requested.
80-39 4. No grant or loan from the [Fund] Account may be made by
80-40 the Interim Finance Committee to increase the salaries of any
80-41 officers or employees of the State or a local government.
80-42 Sec. 158. NRS 353.2765 is hereby amended to read as
80-43 follows:
80-44 353.2765 1. In addition to any applicable requirements set
80-45 forth in NRS 353.2751, if the Interim Finance Committee approves
81-1 a loan to a local government pursuant to the provisions of NRS
81-2 353.2705 to 353.2771, inclusive, and section 145 of this act, the
81-3 approval must include a schedule for the repayment of the loan. The
81-4 schedule must specify:
81-5 (a) A period of not more than 10 years for the repayment of the
81-6 loan; and
81-7 (b) The rate of interest, if any, for the loan.
81-8 2. Except as otherwise provided in subsection 3, if a local
81-9 government receives a loan from the [Fund] Account and, before the
81-10 loan is repaid, the local government receives money from the
81-11 Federal Government for a grant match or any of the expenses set
81-12 forth in subsection 1 of NRS 353.2751 for which the local
81-13 government received the loan, the local government shall deposit
81-14 with the State Treasurer for credit to the [Fund] Account an amount
81-15 of money equal to the money it received from the Federal
81-16 Government for the grant match or the expenses.
81-17 3. Any money deposited with the State Treasurer for credit to
81-18 the [Fund] Account pursuant to subsection 2 must be used to pay the
81-19 unpaid balance of the loan specified in subsection 2. If any money
81-20 remains after that payment is made, the remaining money must be
81-21 paid to the local government to whom the loan was made.
81-22 Sec. 159. NRS 353.2771 is hereby amended to read as
81-23 follows:
81-24 353.2771 1. Except as otherwise provided in this section, no
81-25 grant or loan may be made from the [Fund] Account to a state
81-26 agency or local government unless, as a condition of making the
81-27 grant or loan, the state agency or local government agrees to provide
81-28 an amount of its resources equal to at least 25 percent of the grant or
81-29 loan. The State Board of Examiners shall determine the type, value
81-30 and amount of the resources, including money, labor, materials,
81-31 supplies and equipment, that is required to be provided by the state
81-32 agency or local government.
81-33 2. If a state agency or local government submits a request for a
81-34 grant or loan pursuant to NRS 353.2755 and:
81-35 (a) It maintains a policy of insurance providing coverage for
81-36 damages, injuries or other losses incurred because of a disaster; or
81-37 (b) If the request is submitted by a local government, it has
81-38 established a district for the control of floods pursuant to NRS
81-39 543.170 to 543.830, inclusive,
81-40 the State Board of Examiners may recommend that the state agency
81-41 or local government provide a portion of its resources in an amount
81-42 that is less than the amount required pursuant to subsection 1.
81-43 3. The State Board of Examiners may, if it determines that the
81-44 state agency or local government is unable to provide any portion of
81-45 its resources as its contribution for the receipt of a grant or loan,
82-1 recommend that the state agency or local government not be
82-2 required to provide any portion of its resources as a condition for the
82-3 receipt of the grant or loan.
82-4 Sec. 160. NRS 353.288 is hereby amended to read as follows:
82-5 353.288 1. The Fund to Stabilize the Operation of the State
82-6 Government is hereby created as a special revenue fund. Except as
82-7 otherwise provided in subsections 2 and 3, each year after the close
82-8 of the fiscal year and before the issuance of the State Controller’s
82-9 annual report , the State Controller shall deposit to the credit of the
82-10 Fund 40 percent of the unrestricted balance of the State General
82-11 Fund, as of the close of the fiscal year, which remains after
82-12 subtracting an amount equal to [10] 15 percent of all appropriations
82-13 made from the State General Fund during that year for the operation
82-14 of all departments, institutions and agencies of State Government
82-15 and for the funding of schools.
82-16 2. The balance in the Fund must not exceed [10] 15 percent of
82-17 the total of all appropriations from the State General Fund for the
82-18 operation of all departments, institutions and agencies of the State
82-19 Government and for the funding of schools and authorized
82-20 expenditures from the State General Fund for the regulation of
82-21 gaming for the fiscal year in which that revenue will be deposited in
82-22 the Fund.
82-23 3. Except as otherwise provided in this subsection and NRS
82-24 353.2735, beginning with the fiscal year that begins on July 1,
82-25 [1999,] 2003, the State Controller shall, at the end of each quarter of
82-26 a fiscal year, transfer from the State General Fund to the Disaster
82-27 Relief [Fund] Account created pursuant to NRS 353.2735 an
82-28 amount equal to [one-half of the interest earned on money] not more
82-29 than 10 percent of the aggregate balance in the Fund to Stabilize
82-30 the Operation of the State Government during the previous quarter.
82-31 The State Controller shall not transfer more than $500,000 for any
82-32 quarter pursuant to this subsection.
82-33 4. Money from the Fund to Stabilize the Operation of the State
82-34 Government may be appropriated only:
82-35 (a) If the total actual revenue of the State falls short by 5 percent
82-36 or more of the total anticipated revenue for the biennium in which
82-37 the appropriation is made; or
82-38 (b) If the Legislature and the Governor declare that a fiscal
82-39 emergency exists.
82-40 Sec. 161. NRS 353C.195 is hereby amended to read as
82-41 follows:
82-42 353C.195 1. The State Controller [may, if requested by any
82-43 state agency,] shall act as the collection agent for [that agency.
82-44 2. If the State Controller acts as the collection agent for an
82-45 agency, the agency may] an agency to whom a debt is owed.
83-1 2. The agency shall coordinate all its debt collection efforts
83-2 through the State Controller.
83-3 Sec. 162. NRS 414.135 is hereby amended to read as follows:
83-4 414.135 1. There is hereby created the Emergency Assistance
83-5 [Account] Subaccount within the Disaster Relief [Fund] Account
83-6 created pursuant to NRS 353.2735. Beginning with the fiscal year
83-7 that begins on July 1, 1999, the State Controller shall, at the end of
83-8 each fiscal year, transfer the interest earned during the previous
83-9 fiscal year on the money in the Disaster Relief [Fund] Account to
83-10 the [Account] Subaccount in an amount not to exceed $500,000.
83-11 2. The Division of Emergency Management of the Department
83-12 of Public Safety shall administer the [Account.] Subaccount. The
83-13 Division may adopt regulations authorized by this section before, on
83-14 or after July 1, 1999.
83-15 3. All expenditures from the [Account] Subaccount must be
83-16 approved in advance by the Division. Except as otherwise provided
83-17 in subsection 4, all money in the [Account] Subaccount must be
83-18 expended solely to:
83-19 (a) Provide supplemental emergency assistance to this state or to
83-20 local governments in this state that are severely and adversely
83-21 affected by a natural, technological or man-made emergency or
83-22 disaster for which available resources of this state or the local
83-23 government are inadequate to provide a satisfactory remedy; and
83-24 (b) Pay any actual expenses incurred by the Division for
83-25 administration during a natural, technological or man-made
83-26 emergency or disaster.
83-27 4. Beginning with the fiscal year that begins on July 1, 1999, if
83-28 any balance remains in the [Account] Subaccount at the end of a
83-29 fiscal year and the balance has not otherwise been committed for
83-30 expenditure, the Division may, with the approval of the Interim
83-31 Finance Committee, allocate all or any portion of the remaining
83-32 balance, not to exceed $250,000, to this state or to a local
83-33 government to:
83-34 (a) Purchase equipment or supplies required for emergency
83-35 management;
83-36 (b) Provide training to personnel related to emergency
83-37 management; and
83-38 (c) Carry out the provisions of NRS 392.600 to 392.656,
83-39 inclusive.
83-40 5. Beginning with the fiscal year that begins on July 1, 1999,
83-41 the Division shall, at the end of each quarter of a fiscal year, submit
83-42 to the Interim Finance Committee a report of the expenditures made
83-43 from the [Account] Subaccount for the previous quarter.
83-44 6. The Division shall adopt such regulations as are necessary to
83-45 administer the [Account.] Subaccount.
84-1 7. The Division may adopt regulations to provide for
84-2 reimbursement of expenditures made from the [Account.]
84-3 Subaccount. If the Division requires such reimbursement, the
84-4 Attorney General shall take such action as is necessary to recover
84-5 the amount of any unpaid reimbursement plus interest at a rate
84-6 determined pursuant to NRS 17.130, computed from the date on
84-7 which the money was removed from the [Fund,] Account, upon
84-8 request by the Division.
84-9 Sec. 163. Chapter 463 of NRS is hereby amended by adding
84-10 thereto a new section to read as follows:
84-11 It is the intent of the Legislature that the license fees required
84-12 to be paid pursuant to the provisions of NRS 463.370 and 463.373
84-13 must not be increased for a period of at least 10 years after July 1,
84-14 2003.
84-15 Sec. 164. NRS 463.370 is hereby amended to read as follows:
84-16 463.370 1. Except as otherwise provided in NRS 463.373,
84-17 the Commission shall charge and collect from each licensee a
84-18 license fee based upon all the gross revenue of the licensee as
84-19 follows:
84-20 (a) Three percent of all the gross revenue of the licensee which
84-21 does not exceed $50,000 per calendar month;
84-22 (b) Four percent of all the gross revenue of the licensee which
84-23 exceeds $50,000 per calendar month and does not exceed $134,000
84-24 per calendar month; [and]
84-25 (c) Six and one-quarter percent of all the gross revenue of the
84-26 licensee which exceeds $134,000 per calendar month[.] and does
84-27 not exceed $250,000 per calendar month; and
84-28 (d) Six and three-quarters percent of all the gross revenue of
84-29 the licensee which exceeds $250,000 per calendar month.
84-30 2. Unless the licensee has been operating for less than a full
84-31 calendar month, the Commission shall charge and collect the fee
84-32 prescribed in subsection 1, based upon the gross revenue for the
84-33 preceding calendar month, on or before the 24th day of the
84-34 following month. Except for the fee based on the first full month of
84-35 operation, the fee is an estimated payment of the license fee for the
84-36 third month following the month whose gross revenue is used as its
84-37 basis.
84-38 3. When a licensee has been operating for less than a full
84-39 calendar month, the Commission shall charge and collect the fee
84-40 prescribed in subsection 1, based on the gross revenue received
84-41 during that month, on or before the 24th day of the following
84-42 calendar month of operation. After the first full calendar month of
84-43 operation, the Commission shall charge and collect the fee based on
84-44 the gross revenue received during that month, on or before the 24th
84-45 day of the following calendar month. The payment of the fee due for
85-1 the first full calendar month of operation must be accompanied by
85-2 the payment of a fee equal to three times the fee for the first full
85-3 calendar month. This additional amount is an estimated payment of
85-4 the license fees for the next 3 calendar months. Thereafter, each
85-5 license fee must be paid in the manner described in subsection 2.
85-6 Any deposit held by the Commission on July 1, 1969, must be
85-7 treated as an advance estimated payment.
85-8 4. All revenue received from any game or gaming device
85-9 which is operated on the premises of a licensee, regardless of
85-10 whether any portion of the revenue is shared with any other person,
85-11 must be attributed to the licensee for the purposes of this section and
85-12 counted as part of the gross revenue of the licensee. Any other
85-13 person, including, without limitation, an operator of an inter-casino
85-14 linked system, who is authorized to receive a share of the revenue
85-15 from any game, gaming device or inter-casino linked system that is
85-16 operated on the premises of a licensee is liable to the licensee for
85-17 that person’s proportionate share of the license fees paid by the
85-18 licensee pursuant to this section and shall remit or credit the full
85-19 proportionate share to the licensee on or before the 24th day of each
85-20 calendar month. The proportionate share of an operator of an inter-
85-21 casino linked system must be based on all compensation and other
85-22 consideration received by the operator of the inter-casino linked
85-23 system, including, without limitation, amounts that accrue to the
85-24 meter of the primary progressive jackpot of the inter-casino linked
85-25 system and amounts that fund the reserves of such a jackpot, subject
85-26 to all appropriate adjustments for deductions, credits, offsets and
85-27 exclusions that the licensee is entitled to take or receive pursuant to
85-28 the provisions of this chapter. A licensee is not liable to any other
85-29 person authorized to receive a share of the licensee’s revenue from
85-30 any game, gaming device or inter-casino linked system that is
85-31 operated on the premises of the licensee for that person’s
85-32 proportionate share of the license fees to be remitted or credited to
85-33 the licensee by that person pursuant to this section.
85-34 5. An operator of an inter-casino linked system shall not enter
85-35 into any agreement or arrangement with a licensee that provides for
85-36 the operator of the inter-casino linked system to be liable to the
85-37 licensee for less than its full proportionate share of the license fees
85-38 paid by the licensee pursuant to this section, whether accomplished
85-39 through a rebate, refund, charge-back or otherwise.
85-40 6. Any person required to pay a fee pursuant to this section
85-41 shall file with the Commission, on or before the 24th day of each
85-42 calendar month, a report showing the amount of all gross revenue
85-43 received during the preceding calendar month. Each report must be
85-44 accompanied by:
86-1 (a) The fee due based on the revenue of the month covered by
86-2 the report; and
86-3 (b) An adjustment for the difference between the estimated fee
86-4 previously paid for the month covered by the report, if any, and
86-5 the fee due for the actual gross revenue earned in that month. If the
86-6 adjustment is less than zero, a credit must be applied to the
86-7 estimated fee due with that report.
86-8 7. If the amount of license fees required to be reported and paid
86-9 pursuant to this section is later determined to be greater or less than
86-10 the amount actually reported and paid, the Commission shall:
86-11 (a) Charge and collect the additional license fees determined to
86-12 be due, with interest thereon until paid; or
86-13 (b) Refund any overpayment to the person entitled thereto
86-14 pursuant to this chapter, with interest thereon.
86-15 Interest pursuant to paragraph (a) must be computed at the rate
86-16 prescribed in NRS 17.130 from the first day of the first month
86-17 following the due date of the additional license fees until paid.
86-18 Interest pursuant to paragraph (b) must be computed at one-half the
86-19 rate prescribed in NRS 17.130 from the first day of the first month
86-20 following the date of overpayment until paid.
86-21 8. Failure to pay the fees provided for in this section shall be
86-22 deemed a surrender of the license at the expiration of the period for
86-23 which the estimated payment of fees has been made, as established
86-24 in subsection 2.
86-25 9. Except as otherwise provided in NRS 463.386, the amount
86-26 of the fee prescribed in subsection 1 must not be prorated.
86-27 10. Except as otherwise provided in NRS 463.386, if a licensee
86-28 ceases operation, the Commission shall:
86-29 (a) Charge and collect the additional license fees determined to
86-30 be due with interest computed pursuant to paragraph (a) of
86-31 subsection 7; or
86-32 (b) Refund any overpayment to the licensee with interest
86-33 computed pursuant to paragraph (b) of subsection 7,
86-34 based upon the gross revenue of the licensee during the last 3
86-35 months immediately preceding the cessation of operation, or
86-36 portions of those last 3 months.
86-37 11. If in any month[,] the amount of gross revenue is less than
86-38 zero, the licensee may offset the loss against gross revenue in
86-39 succeeding months until the loss has been fully offset.
86-40 12. If in any month[,] the amount of the license fee due is less
86-41 than zero, the licensee is entitled to receive a credit against any
86-42 license fees due in succeeding months until the credit has been fully
86-43 offset.
87-1 Sec. 165. NRS 463.373 is hereby amended to read as follows:
87-2 463.373 1. Before issuing a state gaming license to an
87-3 applicant for a restricted operation, the commission shall charge and
87-4 collect from him for each slot machine for each quarter year:
87-5 (a) A license fee of [$61] $80 for each slot machine if he will
87-6 have at least one but not more than five slot machines.
87-7 (b) A license fee of [$305 plus $106] $412 plus $143 for each
87-8 slot machine in excess of five if he will have at least six but not
87-9 more than 15 slot machines.
87-10 2. The commission shall charge and collect the fee prescribed
87-11 in subsection 1:
87-12 (a) On or before the last day of the last month in a calendar
87-13 quarter, for the ensuing calendar quarter, from a licensee whose
87-14 operation is continuing.
87-15 (b) In advance from a licensee who begins operation or puts
87-16 additional slot machines into play during a calendar quarter.
87-17 3. Except as otherwise provided in NRS 463.386, no proration
87-18 of the fee prescribed in subsection 1 may be allowed for any reason.
87-19 4. The operator of the location where slot machines are situated
87-20 shall pay the fee prescribed in subsection 1 upon the total number of
87-21 slot machines situated in that location, whether or not the machines
87-22 are owned by one or more licensee-owners.
87-23 Sec. 166. NRS 597.800 is hereby amended to read as follows:
87-24 597.800 1. The right of publicity established by NRS
87-25 597.790 is freely transferable, in whole or in part, by contract,
87-26 license, gift, conveyance, assignment, devise or testamentary trust
87-27 by a person or his successor in interest.
87-28 2. If a deceased person has not transferred his rights as
87-29 provided by subsection 1, and he has no surviving beneficiary or
87-30 successor in interest upon his death, the commercial use of his
87-31 name, voice, signature, photograph or likeness does not require
87-32 consent.
87-33 3. A successor in interest or a licensee of a deceased person
87-34 may file in the Office of the Secretary of State, on a form prescribed
87-35 by the Secretary of State and upon the payment of a filing fee of
87-36 [$25,] $40, a verified application for registration of his claim. The
87-37 application must include:
87-38 (a) The legal and professional name of the deceased person;
87-39 (b) The date of death of the deceased person;
87-40 (c) The name and address of the claimant;
87-41 (d) The basis of the claim; and
87-42 (e) A description of the rights claimed.
87-43 4. A successor in interest or a licensee of a deceased person
87-44 may not assert any right against any unauthorized commercial use of
87-45 the deceased person’s name, voice, signature, photograph or
88-1 likeness that begins before the filing of an application to register his
88-2 claim.
88-3 5. A person, firm or corporation seeking to use the name,
88-4 voice, signature, photograph or likeness of a deceased person for
88-5 commercial purposes must first make a reasonable effort, in good
88-6 faith, to discover the identity of any person who qualifies as a
88-7 successor in interest to the deceased person. A person claiming to be
88-8 a successor in interest to a deceased person must, within 6 months
88-9 after the date he becomes aware or should reasonably have become
88-10 aware of an unauthorized commercial use of the deceased person’s
88-11 name, voice, signature, photograph or likeness, register a claim with
88-12 the Secretary of State pursuant to subsection 3. Failure to register
88-13 shall be deemed a waiver of any right of publicity.
88-14 6. The Secretary of State may microfilm or reproduce by other
88-15 techniques any document filed pursuant to this section and thereafter
88-16 destroy the original of the document. The microfilm or other
88-17 reproduction is admissible in any court of record. The Secretary of
88-18 State may destroy the microfilm or other reproduction 50 years after
88-19 the death of the person whose identity is the subject of the claim.
88-20 7. A claim registered pursuant to this section is a public record.
88-21 Sec. 167. NRS 599B.210 is hereby amended to read as
88-22 follows:
88-23 599B.210 1. Every registrant, other than a registrant
88-24 incorporated in this state, shall file with the Secretary of State an
88-25 irrevocable consent appointing the Secretary of State as his agent to
88-26 receive service of any lawful process in any action or proceeding
88-27 against him arising pursuant to this chapter. Any lawful process
88-28 against the registrant served upon the Secretary of State as provided
88-29 in subsection 2 has the same force and validity as if served upon the
88-30 registrant personally.
88-31 2. Service of process authorized by subsection 1 must be made
88-32 by filing with the Secretary of State:
88-33 (a) Two copies of the process. The copies must include a
88-34 specific citation to the provisions of this section. The Secretary of
88-35 State may refuse to accept such service if the proper citation is not
88-36 included in each copy.
88-37 (b) A fee of [$10.] $15.
88-38 The Secretary of State shall forthwith forward one copy of the
88-39 process by registered or certified mail prepaid to the registrant[,] or
88-40 , in the case of a registrant organized under the laws of a foreign
88-41 government, to the United States manager or last appointed United
88-42 States general agent of the registrant, giving the day and the hour of
88-43 the service.
89-1 3. Service of process is not complete until the copy thereof has
89-2 been mailed and received by the registrant, and the receipt of the
89-3 addressee is prima facie evidence of the completion of the service.
89-4 4. If service of summons is made upon the Secretary of State in
89-5 accordance with the provisions of this section, the time within which
89-6 the registrant is required to appear is extended 10 days.
89-7 Sec. 168. Chapter 612 of NRS is hereby amended by adding
89-8 thereto a new section to read as follows:
89-9 1. A surcharge is hereby imposed on each employer at the
89-10 following rates:
89-11 (a) If the employer employs not more than 300 full-time
89-12 employees, the employer shall pay a surcharge at a rate of 35
89-13 percent of the contributions, or reimbursements in lieu of
89-14 contributions, he is required to pay under this chapter.
89-15 (b) If the employer employs more than 300 full-time
89-16 employees, the employer shall pay a surcharge at a rate of 50
89-17 percent of the contributions, or reimbursements in lieu of
89-18 contributions, he is required to pay under this chapter.
89-19 2. The surcharge imposed by this section is in addition to any
89-20 other payment required to be made by this chapter.
89-21 3. The surcharge must not be deducted, in whole or in part,
89-22 from the wages of persons in employment for that employer.
89-23 4. The surcharge imposed by this section must be collected by
89-24 the Administrator at the same time and in the same manner
89-25 provided for the payment of contributions or reimbursements in
89-26 lieu of contributions. Any money collected must be deposited with
89-27 the State Treasurer for credit to the State General Fund.
89-28 5. It is the intent of the Legislature that the surcharge
89-29 imposed by the provisions of this section must not be increased for
89-30 a period of at least 10 years after January 1, 2004.
89-31 6. As used in this section, “employer” does not include:
89-32 (a) A person to whom a gaming license has been issued
89-33 pursuant to chapter 463 of NRS.
89-34 (b) An agricultural employer as defined in NRS 612.055.
89-35 (c) A public utility as defined in NRS 704.020.
89-36 (d) A person who owns or operates a mine.
89-37 Sec. 169. NRS 662.245 is hereby amended to read as follows:
89-38 662.245 1. An organization that does not maintain an office
89-39 in this state to conduct the business of a trust company may be
89-40 appointed to act as fiduciary by any court or by authority of any law
89-41 of this state if, in addition to any other requirements of law, the
89-42 organization:
89-43 (a) Associates as cofiduciary a bank authorized to do business in
89-44 this state or a trust company licensed pursuant to chapter 669 of
89-45 NRS; or
90-1 (b) Is a trust corporation or trust company which:
90-2 (1) Is organized under the laws of and has its principal place
90-3 of business in another state which allows trust corporations or trust
90-4 companies licensed pursuant to chapter 669 of NRS to act as
90-5 fiduciary in that state;
90-6 (2) Is authorized by its charter to act as fiduciary; and
90-7 (3) Before the appointment as fiduciary, files with the
90-8 Secretary of State a document, acknowledged before a notarial
90-9 officer, which:
90-10 (I) Appoints the Secretary of State as its agent upon
90-11 whom all process in any action or proceeding against it may be
90-12 served;
90-13 (II) Contains its agreement that the appointment continues
90-14 in force as long as any liability remains outstanding against it in this
90-15 state, and that any process against it which is served on the
90-16 Secretary of State is of the same legal validity as if served on it
90-17 personally;
90-18 (III) Contains an address to which the Secretary of State
90-19 may mail the process when received; and
90-20 (IV) Is accompanied by a fee of [$10.] $15.
90-21 A copy of the document required by this subparagraph, certified by
90-22 the Secretary of State, is sufficient evidence of the appointment and
90-23 agreement.
90-24 2. A court which has jurisdiction over the accounts of a
90-25 fiduciary that is a trust corporation or trust company described in
90-26 paragraph (b) of subsection 1 may require the fiduciary to provide a
90-27 bond to ensure the performance of its duties as fiduciary, in the
90-28 same manner and to the same extent as the court may require such a
90-29 bond from a fiduciary that is a bank or trust company described in
90-30 paragraph (a) of subsection 1.
90-31 3. Service of process authorized by subparagraph (3) of
90-32 paragraph (b) of subsection 1 must be made by filing with the
90-33 Secretary of State:
90-34 (a) Two copies of the legal process. The copies must include a
90-35 specific citation to the provisions of this section. The Secretary of
90-36 State may refuse to accept such service if the proper citation is not
90-37 included in each copy.
90-38 (b) A fee of [$10.] $15.
90-39 The Secretary of State shall forthwith forward one copy of the legal
90-40 process to the organization, by registered or certified mail prepaid to
90-41 the address provided in the document filed pursuant to subparagraph
90-42 (3) of paragraph (b) of subsection 1.
90-43 4. As used in this section:
90-44 (a) “Fiduciary” means an executor, commissioner, guardian of
90-45 minors or estates, receiver, depositary or trustee.
91-1 (b) “Notarial officer” has the meaning ascribed to it in
91-2 NRS 240.005.
91-3 (c) “State” means any state or territory of the United States, or
91-4 the District of Columbia.
91-5 Sec. 170. NRS 705.060 is hereby amended to read as follows:
91-6 705.060 1. The contracts authorized by NRS 705.030 to
91-7 705.070, inclusive, [shall] must be filed with the Secretary of State
91-8 and recorded by him in a book of records to be kept for that purpose.
91-9 On payment in full of the purchase money and the performance of
91-10 the terms and conditions stipulated in any such contract, a
91-11 declaration in writing to that effect [shall] must be made by the
91-12 vendor, lessor or bailor, or his or its assignee, by a separate
91-13 instrument, to be acknowledged by the vendor, lessor or bailor, or
91-14 his or its assignee, and recorded [as aforesaid.] in the same manner
91-15 as the contract.
91-16 2. The Secretary of State shall collect and pay into the State
91-17 Treasury [$5] $10 for filing each of such contracts or declarations
91-18 and [20] 30 cents per folio for recording the same.
91-19 Sec. 171. NRS 707.240 is hereby amended to read as follows:
91-20 707.240 1. The person or persons, or the president or the
91-21 managing agent of the company, association or corporation
91-22 mentioned in NRS 707.230, [shall] must make, sign and
91-23 acknowledge, before some person authorized by law to take
91-24 acknowledgments of deeds, a certificate in writing setting forth:
91-25 (a) The name or names of the person or persons, company,
91-26 association or corporation , [(]as the case may be , [)] by whom the
91-27 line is to be operated.
91-28 (b) The names of the points or places constituting the termini of
91-29 the line within this state.
91-30 (c) A general description of the route of the line.
91-31 2. The certificate [shall] must be filed and recorded in the
91-32 Office of the Secretary of State, for which such person or persons,
91-33 company, association or corporation shall pay the Secretary of State,
91-34 for deposit in the State General Fund, the sum of [$5,] $10, and also
91-35 [25] 40 cents for each folio contained in the certificate.
91-36 3. The record of the certificates shall be deemed to give
91-37 constructive notice to all persons of the matter therein contained.
91-38 The work of constructing such line, if not already commenced or
91-39 completed within 30 days after the filing of the certificate
91-40 [aforesaid, shall] pursuant to this section, must be continued, with
91-41 all reasonable dispatch, until completed.
91-42 Sec. 172. Section 137 of this act is hereby amended to read as
91-43 follows:
91-44 Sec. 137. 1. There is hereby imposed a tax at a rate of
91-45 [2] 3 percent of the gross receipts from the rental of transient
92-1 lodging in each county upon those persons in the business of
92-2 providing lodging who are required to pay the tax imposed
92-3 pursuant to NRS 244.3352. This tax is in addition to any
92-4 other taxes imposed on the revenue from the rental of
92-5 transient lodging.
92-6 2. The tax imposed pursuant to subsection 1 must be:
92-7 (a) Collected and administered by the county in which the
92-8 transient lodging is located in the same manner as provided
92-9 for the tax imposed pursuant to NRS 244.3352.
92-10 (b) Paid within the time set forth in the schedule of
92-11 payment adopted by that county for the tax imposed pursuant
92-12 to NRS 244.3352.
92-13 3. The tax imposed pursuant to subsection 1 may be
92-14 collected from the paying guests and may be shown as an
92-15 addition to the charge for the rental of transient lodging. The
92-16 person providing the transient lodging is liable to the State for
92-17 the payment of the tax whether or not it is actually collected
92-18 from the paying guest.
92-19 4. If the tax imposed pursuant to subsection 1 is not paid
92-20 within the time set forth in the schedule for payment, the
92-21 governmental entity collecting the tax shall charge and collect
92-22 in addition to the tax:
92-23 (a) A penalty of not more than 10 percent of the amount
92-24 due, exclusive of interest, or the administrative fee
92-25 established by the board of county commissioners pursuant to
92-26 NRS 244.3352, whichever is greater; and
92-27 (b) Interest on the amount due at the rate of not more than
92-28 1.5 percent per month or fraction thereof from the date on
92-29 which the tax became due until the date of payment.
92-30 5. The governmental entity collecting the tax imposed
92-31 pursuant to subsection 1 shall deposit all proceeds of the tax
92-32 and any applicable penalties and interest with the State
92-33 Treasurer for credit to the State General Fund.
92-34 6. As used in this section “gross receipts from the rental
92-35 of transient lodging” does not include the tax imposed and
92-36 collected from paying guests pursuant to this section or NRS
92-37 244.3352 or 268.096.
92-38 Sec. 173. Section 142 of this act is hereby amended to read as
92-39 follows:
92-40 Sec. 142. 1. There is hereby imposed a tax at a rate of
92-41 [2] 3 percent of the gross receipts from the rental of transient
92-42 lodging in each city upon those persons in the business of
92-43 providing lodging who are required to pay the tax imposed
92-44 pursuant to NRS 268.096. This tax is in addition to any other
93-1 taxes imposed on the revenue from the rental of transient
93-2 lodging.
93-3 2. The tax imposed pursuant to subsection 1 must be:
93-4 (a) Collected and administered by the city in which the
93-5 transient lodging is located in the same manner as provided
93-6 for the tax imposed pursuant to NRS 268.096.
93-7 (b) Paid within the time set forth in the schedule of
93-8 payment adopted by that city for the tax imposed pursuant to
93-9 NRS 268.096.
93-10 3. The tax imposed pursuant to subsection 1 may be
93-11 collected from the paying guests and may be shown as an
93-12 addition to the charge for the rental of transient lodging. The
93-13 person providing the transient lodging is liable to the State for
93-14 the payment of the tax whether or not it is actually collected
93-15 from the paying guest.
93-16 4. If the tax imposed pursuant to subsection 1 is not paid
93-17 within the time set forth in the schedule for payment, the city
93-18 shall charge and collect in addition to the tax:
93-19 (a) A penalty of not more than 10 percent of the amount
93-20 due, exclusive of interest, or the administrative fee
93-21 established by the governing body of the city pursuant to
93-22 NRS 268.096, whichever is greater; and
93-23 (b) Interest on the amount due at the rate of not more than
93-24 1.5 percent per month or fraction thereof from the date on
93-25 which the tax became due until the date of payment.
93-26 5. The governmental entity collecting the tax imposed
93-27 pursuant to subsection 1 shall deposit all proceeds of the tax
93-28 and any applicable penalties and interest with the State
93-29 Treasurer for credit to the State General Fund.
93-30 6. As used in this section “gross receipts from the rental
93-31 of transient lodging” does not include the tax imposed and
93-32 collected from paying guests pursuant to this section or NRS
93-33 244.3352 or 268.096.
93-34 Sec. 174. 1. NRS 353.272 and 353C.200 are hereby
93-35 repealed.
93-36 2. NRS 364A.160 is hereby repealed.
93-37 Sec. 175. 1. An ad valorem tax of 5 cents on each $100 of
93-38 assessed valuation of taxable property is hereby levied for the fiscal
93-39 year commencing July 1, 2004, and ending June 30, 2005, and an ad
93-40 valorem tax of 10 cents on each $100 of assessed valuation of
93-41 taxable property is hereby levied for the fiscal year commencing
93-42 July 1, 2005, and ending June 30, 2006, for the operating expenses
93-43 of the State of Nevada. The taxes levied by this section must be
93-44 collected in the manner provided in chapter 361 of NRS on all
94-1 taxable property in this state, including the net proceeds of minerals
94-2 and excluding such property as is by law exempt from taxation.
94-3 2. The proceeds of the taxes levied by subsection 1 must be
94-4 deposited in the State General Fund.
94-5 3. Notwithstanding the provisions of NRS 361.453, the levy
94-6 imposed by subsection 1 must not be included in calculating the
94-7 limitation set forth in subsection 1 of NRS 361.453 on the total ad
94-8 valorem tax levied within the boundaries of a county, city or
94-9 unincorporated town.
94-10 Sec. 176. The Governor shall:
94-11 1. Revise the final version of the proposed budget for the
94-12 Executive Department of the State Government that was submitted
94-13 to the 72nd Session of the Nevada Legislature pursuant to NRS
94-14 353.230 and reduce the proposed expenditures contained in that
94-15 budget by at least $25,000,000 for Fiscal Year 2003-2004 and by at
94-16 least $25,000,000 for Fiscal Year 2004-2005; and
94-17 2. Submit the revised proposed budget for the Executive
94-18 Department of the State Government to the Senate Standing
94-19 Committee on Finance and the Assembly Standing Committee on
94-20 Ways and Means on or before April 1, 2003.
94-21 Sec. 177. Notwithstanding the provisions of section 80 of this
94-22 act, a business license issued pursuant to chapter 364A of NRS
94-23 before January 1, 2004, expires on the last day of the calendar
94-24 month in which the anniversary date of its issuance first occurs after
94-25 that date, unless it is renewed pursuant to section 80 of this act on or
94-26 before the date of expiration.
94-27 Sec. 178. 1. A state agency that is required to comply with
94-28 the provisions of NRS 353.1465, as amended by section 146 of this
94-29 act, shall:
94-30 (a) Not later than June 30, 2004, submit to the Fiscal Analysis
94-31 Division of the Legislative Counsel Bureau and the Budget Division
94-32 of the Department of Administration a plan for establishing the
94-33 program required by those amendatory provisions; and
94-34 (b) Not later than January 2, 2005, submit to the Fiscal Analysis
94-35 Division of the Legislative Counsel Bureau for transmittal to the
94-36 73rd Session of the Nevada Legislature, a report of the progress
94-37 made by the state agency in complying with those amendatory
94-38 provisions.
94-39 2. The plan and report required by subsection 1 must include
94-40 the anticipated date on which the program will be established and a
94-41 description of any problems experienced by the agency in
94-42 establishing the program.
94-43 Sec. 179. The Budget Division of the Department of
94-44 Administration and the Fiscal Analysis Division of the Legislative
94-45 Counsel Bureau shall jointly:
95-1 1. Identify all departments, institutions and agencies of the
95-2 Executive Department of the State Government that administer
95-3 programs for the treatment of alcohol and drug abuse or provide
95-4 funding to local governments for such programs;
95-5 2. Develop a proposal for coordinating such programs,
95-6 reducing the administrative costs associated with such programs and
95-7 maximizing the use of state revenue being expended for such
95-8 programs; and
95-9 3. Report their recommendations to the Governor and the
95-10 Director of the Legislative Counsel Bureau not later than
95-11 December 1, 2004.
95-12 Sec. 180. The provisions of:
95-13 1. Sections 84, 85, 87, 88, 164, 165 and subsection 2 of section
95-14 174 of this act do not affect the amount of any taxes or license fees
95-15 due for any period ending on or before June 30, 2003.
95-16 2. Sections 90, 92 and 94 of this act do not apply to any taxes
95-17 precollected pursuant to chapter 370 of NRS on or before June 30,
95-18 2003.
95-19 Sec. 181. 1. This section and sections 73, 176 and 180 of this
95-20 act become effective upon passage and approval.
95-21 2. Sections 79, 80, 82 to 85, inclusive, 87, 88, 90, 92, 94, 98 to
95-22 128, inclusive, 130 to 144, inclusive, 164 to 167, inclusive, 169,
95-23 170, 171, subsection 2 of section 174 and 177 of this act become
95-24 effective:
95-25 (a) Upon passage and approval for the purpose of adopting
95-26 regulations and performing any other preparatory administrative
95-27 tasks that are necessary to carry out the provisions of this act; and
95-28 (b) On July 1, 2003, for all other purposes.
95-29 3. Sections 81, 86, 89, 96, 129, 145, 147 to 163, inclusive,
95-30 subsection 1 of section 174, 178 and 179 of this act become
95-31 effective on July 1, 2003.
95-32 4. Sections 91, 93 and 95 of this act become effective on
95-33 July 1, 2004.
95-34 5. Sections 1 to 72, inclusive, 74 to 78, inclusive, 97 and 168
95-35 become effective:
95-36 (a) Upon passage and approval for the purpose of adopting
95-37 regulations and performing any other preparatory administrative
95-38 tasks that are necessary to carry out the provisions of this act; and
95-39 (b) On January 1, 2004, for all other purposes.
95-40 6. Sections 172 and 173 of this act become effective on July 1,
95-41 2005.
95-42 7. Section 175 of this act becomes effective on July 1, 2004,
95-43 only if the revised proposed budget for the Executive Department of
95-44 the State Government required by section 176 of this act is
95-45 submitted the Senate Standing Committee on Finance and the
96-1 Assembly Standing Committee on Ways and Means on or before
96-2 April 1, 2003.
96-3 8. Section 146 of this act becomes effective on July 1, 2007.
96-4 TEXT OF REPEALED SECTIONS
96-5 353.272 “Fund defined.” “Fund” means the Disaster Relief
96-6 Fund created pursuant to NRS 353.2735.
96-7 353C.200 Contract with private debt collector: Conditions;
96-8 prohibitions; provisions regarding costs of and fees for
96-9 collecting debt; approval.
96-10 1. Except as otherwise provided in subsection 2, an agency
96-11 may enter into a contract with a private debt collector or any other
96-12 person for the assignment of the collection of a debt if the agency:
96-13 (a) Determines the assignment is likely to generate more net
96-14 revenue than equivalent efforts by the agency to collect the debt,
96-15 including collection efforts pursuant to this chapter;
96-16 (b) Determines the assignment will not compromise future
96-17 collections of state revenue; and
96-18 (c) Notifies the debtor in writing at his address of record that the
96-19 debt will be turned over for private collection unless the debt is
96-20 paid.
96-21 2. An agency shall not enter into a contract with a private debt
96-22 collector or any other person for the assignment of the collection of
96-23 a debt if the debt has been contested by the debtor.
96-24 3. A contract for the assignment of the collection of a debt may
96-25 provide for:
96-26 (a) Payment by the agency to the private debt collector or other
96-27 person of the costs of collection and fees for collecting the debt; or
96-28 (b) Collection by the private debt collector or other person from
96-29 the debtor of the costs of collection and fees for collecting the debt.
96-30 4. Any contract entered into pursuant to this section is subject
96-31 to approval by the Director of the Department of Administration
96-32 and the State Controller.
96-33 364A.160 Exemption for natural person with no employees
96-34 during calendar quarter. A natural person who does not employ
96-35 any employees during a calendar quarter is exempt from the
96-36 provisions of this chapter for that calendar quarter.
96-37 H