[Rev. 2/7/2019 2:26:33 PM]
κ2003 Statutes of Nevada, 20th Special Session, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
TWENTIETH SPECIAL SESSION OF THE LEGISLATURE
2003
________
Senate Bill No. 1Senators Raggio and Titus
CHAPTER 1
AN ACT making an appropriation to the Legislative Fund for the costs of the 20th Special Session; and providing other matters properly relating thereto.
[Approved: July 3, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $250,000 for the costs of the 20th Special Session.
Sec. 2. This act becomes effective upon passage and approval.
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κ2003 Statutes of Nevada, 20th Special Session, Page 2κ
Senate Bill No. 3Committee of the Whole
CHAPTER 2
AN ACT relating to gaming; revising the provisions pertaining to the acquisition or disposition of an interest in a business entity that holds a state gaming license or the option to purchase such an interest; authorizing the Nevada Gaming Commission to adopt regulations prescribing the manner for submission of payments by licensees; requiring a person employed as a gaming employee to be registered as a gaming employee by the State Gaming Control Board; requiring the Board to investigate each person applying for registration or renewal of registration as a gaming employee; providing for a fee for processing an application for registration as a gaming employee; authorizing the Commission to adopt regulations allowing a person who owns antique gaming devices to sell such devices without procuring a license; authorizing a gaming licensee or his officers, employees or agents who have reasonable cause to believe that a person has committed a felony to take into custody and detain such a person; and providing other matters properly relating thereto.
[Approved: July 3, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Registered as a gaming employee means authorized to be employed as a gaming employee in this state or to serve as an independent agent.
Sec. 3. Temporarily registered as a gaming employee means authorized to be employed as a gaming employee in this state or serve as an independent agent from the date of submitting a complete application for registration or renewal of registration for a period not to exceed 120 days following receipt of the complete application by the Board, including classifiable fingerprints, unless otherwise suspended.
Sec. 4. 1. The purported granting of an option to purchase any security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license, or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such a security is void unless administratively approved in advance by the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1 must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in all respects as an application.
3. The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.
κ2003 Statutes of Nevada, 20th Special Session, Page 3 (CHAPTER 2, SB 3)κ
forth by the regulations of the Commission pertaining to the review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such a security.
Sec. 5. 1. The purported granting of an option to purchase any interest in a limited partnership which holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such an interest is ineffective unless administratively approved in advance by the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1 must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in all respects as an application.
3. The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such an interest.
Sec. 6. 1. The purported granting of an option to purchase any interest in a limited-liability company which holds a state gaming license or the purported sale, assignment, transfer, pledge or other disposition of an existing option to acquire such an interest is ineffective unless administratively approved in advance by the Chairman of the Board.
2. A request for administrative approval pursuant to subsection 1 must:
(a) Be made on forms approved by the Chairman of the Board; and
(b) To the extent consistent with this section, be considered in all respects as an application.
3. The Chairman of the Board may refer a request for administrative approval to the Board and Commission for consideration or deny the request for administrative approval for any reasonable cause. A denial may be submitted for review by the Board and Commission in the manner set forth by the regulations of the Commission pertaining to the review of administrative approval decisions.
4. The Commission, upon recommendation by the Board, may require a person to apply for a finding of suitability to hold an option to purchase such an interest.
Sec. 7. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to [463.0197,] 463.01967, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 463.1595 is hereby amended to read as follows:
463.1595 1. The Commission shall adopt regulations, consistent with NRS 463.370, 463.371 [, which] and 463.3715, that prescribe the manner in which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee.
κ2003 Statutes of Nevada, 20th Special Session, Page 4 (CHAPTER 2, SB 3)κ
which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee.
2. The Commission may adopt regulations that prescribe the manner in which a licensee must submit to the Commission any fees, interest, penalties or tax required to be paid based upon the information reported in subsection 1.
Sec. 9. NRS 463.335 is hereby amended to read as follows:
463.335 1. The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. Except as otherwise provided in subsection [3,] 4, a person may not be employed as a gaming employee or serve as an independent agent unless he is [the holder of a valid work permit to work] temporarily registered or registered as a gaming employee [issued] pursuant to this section. [A work permit to work as a gaming employee may be issued by the Board or by a county or city licensing authority.] An applicant for [a work permit shall file his] registration or renewal of registration as a gaming employee must file an application for [a work permit with the licensing authority of the city in which he resides if that city requires a work permit. If the city in which he resides does not require such a permit, the applicant shall file his application with the licensing authority of the county in which he resides if that county requires a work permit. If the county in which he resides does not require such a permit, the applicant shall file his application with the Board.] registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked becomes employed as a gaming employee at another or additional gaming establishment, he must file a change of employment notice within 10 days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.
3. The Board shall [, by regulation,] prescribe the [form for an] forms for the application for [a work permit to work] registration as a gaming employee [. The fee for such a permit may be charged only to cover the actual investigative and administrative costs related to processing an application for such a permit and must not exceed $75.
3.] and the change of employment notice.
4. An independent agent is not required to [hold a work permit] be registered as a gaming employee if he is not a resident of this state and has registered with the Board in accordance with the provisions of the regulations adopted by the Commission.
[4. Upon receipt of an application for a work permit to work as a gaming employee, the Board or licensing authority]
5. A complete application for registration or renewal of registration as a gaming employee or a change of employment notice received by a licensee must be mailed or delivered to the Board within 5 business days of receipt unless the date is administratively extended by the Chairman of the Board for good cause.
κ2003 Statutes of Nevada, 20th Special Session, Page 5 (CHAPTER 2, SB 3)κ
receipt unless the date is administratively extended by the Chairman of the Board for good cause. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.
6. The Board shall immediately conduct an investigation of [the applicant] each person who files an application for registration or renewal of registration as a gaming employee to determine whether he is eligible for [the permit.] registration as a gaming employee. In conducting the investigation, [the Board or licensing authority shall forward a complete set] two complete sets of the applicants fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for [submission] :
(a) A report concerning the criminal history of the applicant; and
(b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.
The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant.
[5. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
6. Unless denied or] The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to process the fingerprints of an applicant pursuant to this subsection.
7. Upon receipt of a change of employment notice, the Board may conduct any investigations of the gaming employee that the Board deems appropriate to determine whether the gaming employee may remain registered as a gaming employee. The filing of a change of employment notice constitutes an application for registration as a gaming employee and if the Board, after conducting its investigation, suspends or objects to the continued registration of the gaming employee, the provisions of subsections 11 to 17, inclusive, apply to such suspension by or objection of the Board. No fee may be charged by the Board to cover the actual investigative and administrative costs related to processing a change of employment notice.
8. Except as otherwise prescribed by regulation of the Commission, an applicant for registration or renewal of registration as a gaming employee is deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which he will commence or continue working as a gaming employee. Unless objected to by the Board [at the time that the permittee filed a notice of a change in his place of employment pursuant to subsection 8 and unless suspended or revoked, such a permit expires on the fifth anniversary of the permittees birthday, measured from the birthday nearest the date of issuance or renewal. If the date of birth of a permittee is on February 29 in a leap year, for the purposes of this section, his date of birth shall be deemed to be on February 28.
7. Whenever any person applies to a county or city licensing authority for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the Board, and may at the discretion of the county or city licensing authority issue a temporary work permit that is valid for 120 days.]
κ2003 Statutes of Nevada, 20th Special Session, Page 6 (CHAPTER 2, SB 3)κ
employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the Board, and may at the discretion of the county or city licensing authority issue a temporary work permit that is valid for 120 days.] or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee or, in the case of an independent agent, 5 years after the date he contracts with an applicable licensee. Any subsequent renewal of registration as a gaming employee, unless objected to by the Board or suspended or revoked, expires 5 years after the expiration date of the most recent registration or renewal of registration of the gaming employee.
9. If , within 120 days after receipt by the Board of [the copy of the application,] a complete application for registration or renewal of registration as a gaming employee, including classifiable fingerprints, or a change of employment notice, the Board has not notified the [county or city licensing authority] applicable licensee of any suspension or objection, the [authority may issue, renew or deny a permanent work permit to the applicant.
8. A gaming employee who is issued a work permit] applicant shall be deemed to be registered as a gaming employee. A complete application for registration or renewal of registration as a gaming employee is comprised of:
(a) The fully completed form for application for registration as a gaming employee prescribed in subsection 3;
(b) Two complete sets of the fingerprints of the applicant, unless directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History;
(c) The fee for processing the application for registration or renewal of registration as a gaming employee prescribed by the Board pursuant to subsection 6, unless otherwise prescribed by regulation of the Commission; and
(d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351.
If the Board determines after receiving an application for registration or renewal of registration as a gaming employee that the application is incomplete, the Board may suspend the temporary registration as a gaming employee of the applicant who filed the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as he files a complete application.
10. A person who is temporarily registered or registered as a gaming employee is eligible for employment in any licensed gaming establishment in this state until [the work permit is denied or] such registration is objected to by the Board, expires or is suspended or revoked. [However, each such employee shall notify the Board within 10 days following any change of his place of employment at a gaming establishment. Such a notification shall be deemed an application for a work permit that the Board may deny or object to after conducting any investigations the Board deems appropriate. The provisions of subsections 9 to 16, inclusive, apply to any such objection of the Board.] The Commission shall adopt regulations to:
(a) [Facilitate] Establish uniform procedures for the [issuance of work permits by counties and cities;] registration of gaming employees;
κ2003 Statutes of Nevada, 20th Special Session, Page 7 (CHAPTER 2, SB 3)κ
(b) Establish uniform criteria for [denial by a county or city licensing authority] objection by the Board of an application for [a work permit;] registration; and
(c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who [possesses a valid work permit.
9.] is registered as a gaming employee and each person whose registration as a gaming employee has expired, was objected to by the Board, or was suspended or revoked. The system of records must be accessible by licensees for the limited purpose of complying with subsection 2.
11. If the Board, within the 120-day period [,] prescribed in subsection 9, notifies:
(a) The [county or city licensing authority;] applicable licensee; and
(b) The applicant,
that the Board suspends or objects to the [granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.] temporary registration of an applicant as a gaming employee, the licensee shall immediately terminate the applicant from employment or reassign him to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.
[10. Whenever an application for a work permit is made to the Board and the Board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
11.] 12. Any person whose application for [a work permit has been denied because of an objection by the Board or whose application has been denied] registration or renewal of registration as a gaming employee has been suspended or objected to by the Board may, not later than 60 days after receiving notice of the [denial] suspension or objection, apply to the Board for a hearing. A failure of a person whose application has been [denied] objected to or suspended to apply for a hearing within 60 days or his failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the [denial] suspension or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence, and shall , within 45 days after the date of the hearing , mail to the applicant its decision sustaining or reversing the [denial of the work permit] suspension or the objection to the [issuance of a work permit.
12.] registration of the applicant as a gaming employee.
13. The Board may suspend or object to the [issuance of a work permit or may refuse to issue a work permit] registration of an applicant as a gaming employee for any cause deemed reasonable by the Board. The Board may object [or refuse] to or suspend the registration if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for [the issuance or renewal of a work permit;] registration as a gaming employee;
κ2003 Statutes of Nevada, 20th Special Session, Page 8 (CHAPTER 2, SB 3)κ
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had [a work permit] registration as a gaming employee revoked or committed any act which is a ground for the revocation of [a work permit] registration as a gaming employee or would have been a ground for revoking [his work permit if he] registration as a gaming employee if the applicant had then [held a work permit.] been registered as a gaming employee.
If the Board [issues] registers or does not suspend or object to the [issuance of a work permit to] registration of an applicant [,] as a gaming employee, it may specially limit the period for which the [permit] registration is valid, limit the job classifications for which the [holder of the permit] registered gaming employee may be employed and establish such individual conditions for the [issuance,] renewal and effectiveness of the [permit] registration as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
[13.] 14. Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Boards decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
[14. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Welfare Division of the Department of Human Resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.]
κ2003 Statutes of Nevada, 20th Special Session, Page 9 (CHAPTER 2, SB 3)κ
to the classification of the crime must be based on the classification in the state where it was committed.]
15. The Chairman of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning [work permits:] the registration or renewal of registration of gaming employees:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the [denial of a work permit] suspension of or the objection to the [issuance or renewal of a work permit;] registration of an applicant as a gaming employee; and
(d) Notifying the applicant of the decision.
16. Notice by the Board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for [a work permit,] registration as a gaming employee or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
17. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section, all lists of persons registered as gaming employees, all lists of persons suspended or objected to by the Board and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Welfare Division of the Department of Human Resources pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as a gaming employee or is registered as a gaming employee, the Board shall disclose to the Division his social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
Sec. 10. NRS 463.3351 is hereby amended to read as follows:
463.3351 1. An applicant for [the issuance] registration or renewal of [a work permit] registration as a gaming employee [or independent agent] shall submit to the [agency issuing work permits pursuant to NRS 463.335] Board the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The [issuing agency] Board shall include the statement required pursuant to subsection 1 in:
κ2003 Statutes of Nevada, 20th Special Session, Page 10 (CHAPTER 2, SB 3)κ
(a) The application or any other forms that must be submitted for [the issuance] registration or renewal of [the work permit;] registration as a gaming employee; or
(b) A separate form prescribed by the [issuing agency.
3. A work permit] Board.
3. An applicant may not be [issued or renewed by the issuing agency] registered as a gaming employee if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [issuing agency] Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 11. NRS 463.3352 is hereby amended to read as follows:
463.3352 1. If [an agency that issues work permits pursuant to NRS 463.335] the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is [the holder of a work permit] registered as a gaming employee [or independent agent issued by the agency, the agency] , the Board shall deem the [work permit issued to] registration of that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the [agency] Board receives a letter issued to the [holder of the work permit] registered gaming employee by the district attorney or other public agency pursuant to NRS 425.550 stating that the [holder of the work permit] registered gaming employee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. [An agency that issues work permits pursuant to NRS 463.335] The Board shall reinstate [a work permit] the registration as a gaming employee of a person that has been suspended by a district court pursuant to NRS 425.540 if the [agency] Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose [work permit] registration was suspended stating that the person whose [work permit] registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 12. NRS 463.3354 is hereby amended to read as follows:
463.3354 An application for [the issuance of a work permit] registration or renewal of registration as a gaming employee [or independent agent] must include the social security number of the applicant.
Sec. 13. NRS 463.336 is hereby amended to read as follows:
463.336 1. The Commission may issue an order summarily suspending a persons [work permit] registration as a gaming employee upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
κ2003 Statutes of Nevada, 20th Special Session, Page 11 (CHAPTER 2, SB 3)κ
welfare. The order becomes effective when served upon the [holder of the permit.] person registered.
2. The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order of summary suspension shall be deemed a complaint.
3. An order of summary suspension must be signed by at least three members of the Commission.
4. The person whose [work permit] registration as a gaming employee is summarily suspended:
(a) Has a right to a hearing on the order. The Commission shall schedule a hearing within 5 days after receipt of the persons notice of defense.
(b) Must file a notice of defense within 30 days after the effective date of the order of summary suspension. Failure to file this notice in a timely manner waives his right to a hearing before the Commission and to judicial review of the final decision.
5. All affirmative defenses must be specifically stated in the notice of defense and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
6. Except as otherwise provided in this section, the procedures for a disciplinary action in NRS 463.312 to 463.3145, inclusive, must be followed.
Sec. 14. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee or independent agent , who is registered as a gaming employee with the Board, is convicted of any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the Commission finds that a registered gaming employee employed by or [an] a registered independent agent contracting with the licensee has been guilty of cheating, the Commission shall , after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive [:
(a) If the gaming employee or independent agent holds a work permit issued by the Board, revoke it.
(b) If the gaming employee or independent agent holds a work permit issued by a county or city licensing authority, notify the authority to revoke it, and the county or city licensing authority shall revoke it.] , revoke the registration.
2. The Commission may revoke [a work permit issued by the Board or, if issued by a county or city licensing authority, notify the authority to revoke it,] the registration of a gaming employee or independent agent if the Commission finds , after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gaming employee or independent agent has failed to disclose, misstated or otherwise misled the Board in respect to any fact contained within any application for [a work permit] registration as a gaming employee or, subsequent to being [issued a work permit:] registered as a gaming employee:
(a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B, 464 or 465 of NRS;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the Board;
κ2003 Statutes of Nevada, 20th Special Session, Page 12 (CHAPTER 2, SB 3)κ
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;
(f) Accepted employment without prior Commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the Commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. [A work permit must not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section, or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the Commission members.
4.] A gaming employee or independent agent whose [work permit] registration as a gaming employee has been revoked pursuant to this section is entitled to judicial review of the Commissions action in the manner prescribed by NRS 463.315 to 463.318, inclusive.
[5.] 4. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.
Sec. 15. NRS 463.339 is hereby amended to read as follows:
463.339 An applicant for licensing, registration, finding of suitability [, work permit] or any approval or consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all information to the Board, Commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry and the operation of charitable lotteries.
Sec. 16. NRS 463.3403 is hereby amended to read as follows:
463.3403 Any information obtained by the Board from any licensee, his employer or agent relating to the termination of the employment of a gaming employee or the services of an independent agent is confidential and must not be disclosed except:
1. Such information obtained from the former employer of an applicant for [a work permit] registration as a gaming employee must be disclosed to the applicant to the extent necessary to permit him to respond to any suspension or objection made by the Board to his application for [the permit;] such registration;
κ2003 Statutes of Nevada, 20th Special Session, Page 13 (CHAPTER 2, SB 3)κ
suspension or objection made by the Board to his application for [the permit;] such registration;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
Sec. 17. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.368, 463.386, 463.482 to 463.645, inclusive, and sections 4, 5 and 6 of this act, and 463.750, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those sections.
Sec. 18. NRS 463.510 is hereby amended to read as follows:
463.510 1. The purported sale, assignment, transfer, pledge , exercise of an option to purchase or other disposition of any security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license [or granting of an option to purchase such a security] is void unless approved in advance by the Commission.
2. If at any time the Commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, the owner shall immediately offer the security to the issuing corporation for purchase. The corporation shall purchase the security so offered, for cash at fair market value, within 10 days after the date of the offer.
3. Beginning upon the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the corporation, it is unlawful for the unsuitable owner:
(a) To receive any dividend or interest upon any such security;
(b) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or
(c) To receive any remuneration in any form from the corporation, for services rendered or otherwise.
4. Every security issued by a corporation, other than a publicly traded corporation, which holds a state gaming license must bear a statement, on both sides of the certificate evidencing the security, of the restrictions imposed by this section.
Sec. 19. NRS 463.567 is hereby amended to read as follows:
463.567 1. The purported sale, assignment, transfer, pledge, [granting] exercise of an option to purchase, or other disposition of any interest in a limited partnership which holds a state gaming license is ineffective unless approved in advance by the Commission.
2. If at any time the Commission finds that an individual owner of any such interest is unsuitable to hold that interest, the Commission shall immediately notify the limited partnership of that fact. The limited partnership shall, within 10 days from the date that it receives the notice from the Commission, return to the unsuitable owner, in cash, the amount of his capital account as reflected on the books of the partnership.
3. Beginning on the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the limited partnership, it is unlawful for the unsuitable owner:
(a) To receive any share of the profits or interest upon any limited partnership interest;
(b) To exercise, directly or through any trustee or nominee, any voting right conferred by such interest; or
κ2003 Statutes of Nevada, 20th Special Session, Page 14 (CHAPTER 2, SB 3)κ
(c) To receive any remuneration in any form from the limited partnership, for services rendered or otherwise.
4. The certificate of limited partnership of any limited partnership holding a state gaming license must contain a statement of the restrictions imposed by this section.
Sec. 20. NRS 463.5733 is hereby amended to read as follows:
463.5733 1. The purported sale, assignment, transfer, pledge, [granting] exercise of an option to purchase or other disposition of any interest in a limited-liability company which holds a state gaming license is ineffective unless approved in advance by the Commission.
2. If at any time the Commission finds that a member is unsuitable to hold an interest in a limited-liability company, the Commission shall immediately notify the limited-liability company of that fact. The limited-liability company shall, within 10 days after it receives the notice from the Commission, return to the member, in cash, the amount of his capital account as reflected on the books of the company.
3. Except as otherwise provided in subsection 2, beginning on the date when the Commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the limited-liability company, it is unlawful for the unsuitable member:
(a) To receive any share of the distribution of profits of the limited-liability company or any payments upon dissolution of the company;
(b) To exercise any voting right conferred by the members interest in the limited-liability company;
(c) To participate in the management of the limited-liability company; or
(d) To receive any remuneration in any form from the limited-liability company, for services rendered or otherwise.
4. The articles of organization of any limited-liability company holding a state gaming license must contain a statement of the restrictions imposed by this section.
Sec. 21. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system or interactive gaming system for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines, and cashless wagering systems, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributors license.
κ2003 Statutes of Nevada, 20th Special Session, Page 15 (CHAPTER 2, SB 3)κ
4. The Commission may, by regulation, authorize a person who owns [gaming] :
(a) Gaming devices for home use in accordance with NRS 463.160 ; or
(b) Antique gaming devices,
to sell such devices without procuring a license therefor [.] to residents of jurisdictions wherein ownership of such devices is legal.
5. Upon approval by the Board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the Commission on Postsecondary Education,
may be disposed of by sale, in a manner approved by the Board, without a distributors license. An application for approval must be submitted to the Board in the manner prescribed by the Chairman.
6. Any person whom the Commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.
8. The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.
9. As used in this section [, holding] :
(a) Antique gaming device means a gaming device that was manufactured before 1951.
(b) Holding company has the meaning ascribed to it in NRS 463.485.
Sec. 22. NRS 171.1235 is hereby amended to read as follows:
171.1235 1. As used in this section:
(a) Establishment means any premises whereon any gaming is done or any premises owned or controlled by a licensee for the purpose of parking motor vehicles owned or operated by patrons of such licensee.
(b) Licensee has the meaning ascribed to it in NRS 463.0171.
2. Any licensee or his officers, employees or agents may take into custody and detain any person when [:
(a) Such person has committed a felony, whether or not in the presence of such licensee or his officers, employees or agents; or
(b) A felony has been committed, and] such licensee [,] or his officers, employees or agents have reasonable cause to believe [such] the person detained has committed [it.] a felony, whether or not in the presence of such licensee or his officers, employees or agents.
3. Detention pursuant to this section shall be in the establishment, in a reasonable manner, for a reasonable length of time and solely for the purpose of notifying a peace officer. Such taking into custody and detention shall not render the licensee or his officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
κ2003 Statutes of Nevada, 20th Special Session, Page 16 (CHAPTER 2, SB 3)κ
4. No licensee [,] or his officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee [,] or his officers, employees or agents who have reasonable cause to believe that any person has committed a felony may detain such person in the establishment for the purpose of notifying a peace officer.
Sec. 23. NRS 179.301 is hereby amended to read as follows:
179.301 1. The State Gaming Control Board and Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, for purposes of determining the suitability or qualifications of any person to hold a state gaming license, manufacturers, sellers or distributors license or [gaming work permit] registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses or work permits.
2. The Central Repository and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.
3. Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository or a law enforcement officer in the regular course of his duties.
Sec. 24. NRS 646.020 is hereby amended to read as follows:
646.020 1. Every pawnbroker doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which must be legibly written in the English language, at the time of each loan or purchase a record thereof containing:
(a) The date and time of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, street and house number, the serial number of one piece of positive identification [or a work permit issued pursuant to NRS 463.335] and a general description of the complexion, color of hair and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification , [or a work permit,] the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.
(d) A description of the property received in pledge. In the case of watches, the description must contain the name of the maker and the number of the works or the case. In the case of jewelry, all letters and marks inscribed thereon must be included in the description.
(e) The amount loaned.
(f) The number of any pawn ticket issued therefor.
κ2003 Statutes of Nevada, 20th Special Session, Page 17 (CHAPTER 2, SB 3)κ
2. The person with whom a transaction is had shall, at the time of the transaction, certify in writing that he has the legal right to pledge or sell the property.
3. The record and all goods received must at all times during the ordinary hours of business be open to the inspection of the prosecuting attorney or of any peace officer.
Sec. 25. NRS 244.353, 463.0195, and 463.0197 are hereby repealed.
Sec. 26. Notwithstanding the amendatory provisions of this act, a person who holds a valid work permit on October 1, 2003, issued before October 1, 2003, shall be deemed to be registered as a gaming employee on October 1, 2003, and the registration of such a person shall be deemed to expire on the expiration date set forth on the work permit, unless objected to by the Board or suspended or revoked. If the work permit of such a person does not set forth an expiration date, the registration of such a person shall be deemed to expire on the persons birthday in 2005, unless objected to by the Board or suspended or revoked.
Sec. 27. 1. This section and section 21 of this act become effective upon passage and approval.
2. Section 9 of this act becomes effective upon passage and approval for purposes related to the adoption and dissemination of regulations by the Nevada Gaming Commission and on January 1, 2004, for all other purposes.
3. Sections 1, 4, 5, 6 and 17 to 20, inclusive, of this act become effective on July 1, 2003.
4. Sections 8 and 22 of this act become effective on October 1, 2003.
5. Sections 2, 3, 7, 10 to 16, inclusive, and 23 to 26, inclusive, of this act become effective on January 1, 2004.
6. Sections 10, 11 and 12 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedure under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
are repealed by the Congress of the United States.
________
κ2003 Statutes of Nevada, 20th Special Session, Page 18κ
Assembly Bill No. 4Committee of the Whole
CHAPTER 3
AN ACT relating to state financial administration; requiring the Nevada Tax Commission to adopt regulations for the electronic submission of returns to the Department of Taxation and the payment of taxes, fees, interest and penalties using credit cards, debit cards and electronic transfers of money; reduces various allowances for the collection of sales and use taxes and taxes on intoxicating liquor and cigarettes; requiring a business that purchases tangible personal property for storage, use or other consumption in this state to register with the Department of Taxation at the time it obtains a business license; requiring an executive agency to submit to the Chief of the Budget Division of the Department of Administration the number of positions within the agency that have been vacant for a certain time and the reasons for each vacancy; authorizing the Securities Division of the Office of the Secretary of State to waive the enforcement of provisions governing the sale of securities; imposing certain additional fees for the privilege of selling securities in this state; and providing other matters properly relating thereto.
[Approved: July 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:
The Nevada Tax Commission shall adopt regulations providing for:
1. The electronic submission of returns to the Department; and
2. The payment of taxes, fees, interest and penalties to the Department through the use of credit cards, debit cards and electronic transfers of money.
Sec. 2. NRS 360.095 is hereby amended to read as follows:
360.095 In the adoption of regulations, policies of enforcement, and policies for auditing of taxpayers, with respect to all taxes and fees for whose administration the Department is responsible, the Nevada Tax Commission shall apply the following principles:
1. Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.
2. In cases where another authority, such as the United States or a local government, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the State must be as nearly compatible with the collection of the other taxes as is feasible.
3. Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayers liability as predictable as is feasible.
4. Exemptions or waivers, where permitted by statute, must be granted:
(a) Equitably among eligible taxpayers; and
κ2003 Statutes of Nevada, 20th Special Session, Page 19 (CHAPTER 3, AB 4)κ
(b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax affected.
5. Audits and other procedures for enforcement must be applied as uniformly as is feasible, not only as among persons subject to a particular tax but also as among different taxes [.] , but must consider a weighting of indicators of noncompliance.
6. Collection of taxes due must be pursued in an equitable manner, so that every taxpayer pays the full amount imposed by law.
Sec. 3. NRS 360A.020 is hereby amended to read as follows:
360A.020 The Department shall adopt [such] :
1. Such regulations as are necessary to carry out the provisions of this chapter.
2. Regulations providing for:
(a) The electronic submission of returns to the Department; and
(b) The payment to the Department of any amount required to be paid pursuant to this chapter or chapter 365, 366 or 373 of NRS, or NRS 590.120 or 590.840 through the use of credit cards, debit cards and electronic transfers of money.
Sec. 4. NRS 369.370 is hereby amended to read as follows:
369.370 1. For the privilege of importing, possessing, storing or selling liquors, all licensed importers and manufacturers of liquor in this state shall pay the excise tax imposed and established by this chapter.
2. If, after the tax is paid on any such liquor, satisfactory evidence is presented to the Department that the imports have been actually exported and sold outside this state in a manner not in conflict with the law of the place of sale, the Department shall direct that a refund or credit of the tax so paid be made to the taxpayer. The taxpayer shall report all such exports and imports, and pay the tax on the imports monthly, on forms and subject to regulations prescribed by the Department.
3. The excise tax imposed by this chapter is due on or before the 20th day of the following month. If all such taxes are paid on or before the 15th day of the following month, a discount in the amount of [3] 0.5 percent of the tax must be allowed to the taxpayer. The Department may, for good cause, extend for not more than 15 days after the date the tax is due the time for paying the tax if a request for such an extension of time is received by the Department on or before the date the tax was due. If such an extension is granted, interest accrues from the original date the tax was due.
4. The Department shall allow refunds or credits on any shipments lost, stolen or damaged in transit, or damaged or spoiled on the premises, may require all claims in connection therewith to be sworn to and may make ratable tax adjustments, credits or refunds to effectuate the purposes of this chapter.
Sec. 5. NRS 370.220 is hereby amended to read as follows:
370.220 In the sale of any cigarette revenue stamps or any metered machine settings to a licensed cigarette dealer, the Department and its agents shall allow the purchaser a discount of [3] 0.5 percent against the amount of excise tax otherwise due for the services rendered in affixing cigarette revenue stamps or metered machine impressions to the cigarette packages.
Sec. 6. NRS 370.450 is hereby amended to read as follows:
370.450 1. Except as otherwise provided in subsection 2, there is hereby imposed upon the purchase or possession of products made from tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.
κ2003 Statutes of Nevada, 20th Special Session, Page 20 (CHAPTER 3, AB 4)κ
tobacco, other than cigarettes, by a customer in this state a tax of 30 percent of the wholesale price of those products.
2. The provisions of subsection 1 do not apply to those products which are:
(a) Shipped out of the State for sale and use outside the State; or
(b) Displayed or exhibited at a trade show, convention or other exhibition in this state by a manufacturer or wholesale dealer who is not licensed in this state.
3. This tax must be collected and paid by the wholesale dealer to the Department, in accordance with the provisions of NRS 370.465, after the sale or distribution of those products by the wholesale dealer. The wholesale dealer is entitled to retain [2] 0.5 percent of the taxes collected to cover the costs of collecting and administering the taxes [.] if the taxes are paid in accordance with the provisions of NRS 370.465.
4. Any wholesale dealer who sells or distributes any of those products without paying the tax provided for by this section is guilty of a misdemeanor.
Sec. 7. NRS 370.490 is hereby amended to read as follows:
370.490 1. The Department shall allow a credit of 30 percent of the wholesale price, less a discount of [2] 0.5 percent for the services rendered in collecting the tax, for products made from tobacco, other than cigarettes, upon which the tax has been paid pursuant to NRS 370.450 and that may no longer be sold. If the products have been purchased and delivered, a credit memo of the manufacturer is required for proof of returned merchandise.
2. A credit must also be granted for any products made from tobacco, other than cigarettes, shipped from this state and destined for retail sale and consumption outside the State on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the State.
3. A wholesale dealer may claim a credit by filing with the Department the proof required by this section. The claim must be made on a form prescribed by the Department.
Sec. 8. NRS 372.130 is hereby amended to read as follows:
372.130 At the time of making an application, the applicant must pay to the Department a permit fee of [$1] $5 for each permit.
Sec. 9. NRS 372.140 is hereby amended to read as follows:
372.140 A seller whose permit has been previously suspended or revoked must pay the Department a fee of [$1] $5 for the renewal or issuance of a permit.
Sec. 10. NRS 372.220 is hereby amended to read as follows:
372.220 1. Every retailer who sells tangible personal property for storage, use or other consumption in this state shall register with the Department and give:
[1.] (a) The name and address of all agents operating in this state.
[2.] (b) The location of all distribution or sales houses or offices or other places of business in this state.
[3.] (c) Such other information as the Department may require.
2. Every business that purchases tangible personal property for storage, use or other consumption in this state shall, at the time the business obtains a business license pursuant to NRS 364A.130, register with the Department on a form prescribed by the Department. As used in this section, business has the meaning ascribed to it in NRS 364A.020.
κ2003 Statutes of Nevada, 20th Special Session, Page 21 (CHAPTER 3, AB 4)κ
Sec. 11. NRS 372.370 is hereby amended to read as follows:
372.370 [The taxpayer shall] If the taxes imposed by this chapter are paid in accordance with NRS 372.355, the taxpayer may deduct and withhold from the taxes otherwise due from him [1.25] 0.5 percent of [it] those taxes to reimburse himself for the cost of collecting the tax.
Sec. 12. NRS 374.135 is hereby amended to read as follows:
374.135 At the time of making an application, the applicant shall pay to the Department a permit fee of [$1] $5 for each permit.
Sec. 13. NRS 374.145 is hereby amended to read as follows:
374.145 A seller whose permit has been previously suspended or revoked shall pay the Department a fee of [$1] $5 for the renewal or issuance of a permit.
Sec. 14. NRS 374.375 is hereby amended to read as follows:
374.375 [The taxpayer shall] If the taxes imposed by this chapter are paid in accordance with NRS 374.360, the taxpayer may deduct and withhold from the taxes otherwise due from him [1.25] 0.5 percent thereof to reimburse himself for the cost of collecting the tax.
Sec. 15. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
A public body shall include in each contract for the construction, alteration or repair of any public work a clause requiring each contractor, subcontractor and other person who provides labor, equipment, materials, supplies or services for the public work to comply with the requirements of all applicable state and local laws, including, without limitation, any applicable licensing requirements and requirements for the payment of sales and use taxes on equipment, materials and supplies provided for the public work.
Sec. 16. NRS 353.1465 is hereby amended to read as follows:
353.1465 1. Upon approval of the State Board of Finance, a state agency may enter into contracts with issuers of credit cards or debit cards or operators of systems that provide for the electronic transfer of money to provide for the acceptance of credit cards, debit cards or electronic transfers of money by the agency:
(a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the State Treasurer for his review and transmittal to the State Board of Finance.
3. Except as otherwise provided in subsection 4, if the issuer or operator charges the state agency a fee for each use of a credit card or debit card or for each electronic transfer of money, the state agency may require the cardholder or the person requesting the electronic transfer of money to pay a fee [,] which must not exceed the amount charged to the state agency by the issuer or operator.
4. A state agency that is required to pay a fee charged by the issuer or operator for the use of a credit card or debit card or for an electronic transfer of money may, pursuant to NRS 353.148, file a claim with the Director of the Department of Administration for reimbursement of the fees paid to the issuer or operator during the immediately preceding quarter.
5. The Director of the Department of Administration shall adopt regulations providing for the submission of payments to state agencies pursuant to contracts authorized by this section.
κ2003 Statutes of Nevada, 20th Special Session, Page 22 (CHAPTER 3, AB 4)κ
pursuant to contracts authorized by this section. The regulations must not conflict with a regulation adopted pursuant to NRS 360A.020 or section 1 of this act.
6. As used in this section:
(a) Cardholder means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) Credit card means any instrument or device, whether known as a credit card or credit plate [,] or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) Debit card means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) Electronic transfer of money has the meaning ascribed to it in NRS 463.01473.
(e) Issuer means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
Sec. 17. NRS 353.210 is hereby amended to read as follows:
353.210 1. Except as otherwise provided in subsection 6, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief [estimates] :
(a) The number of positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy; and
(b) Estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.
3. The Budget Division of the Department of Administration shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Department of Administration and personnel of other state agencies regarding budget estimates. A fiscal analyst of the Legislative Counsel Bureau or his designated representative may attend any such conference.
4. The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures, and must include a mission statement and measurement indicators for each program. The organizational units may be subclassified by functions and activities, or in any other manner at the discretion of the Chief.
κ2003 Statutes of Nevada, 20th Special Session, Page 23 (CHAPTER 3, AB 4)κ
organizational units may be subclassified by functions and activities, or in any other manner at the discretion of the Chief.
5. If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in his office or which he may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.
6. Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees Retirement System and the Judicial Department of the State Government shall submit to the Chief for his information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.
Sec. 18. Senate Bill No. 2 of the 20th Special Session of the Nevada Legislature is hereby amended by adding thereto new sections to be designated as sections 188.1 to 188.6, inclusive, to read, respectively, as follows:
Sec. 188.1. Chapter 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 188.2 to 188.6, inclusive, of this act.
Sec. 188.2. 1. Except as otherwise provided in this section, the Division shall interpret strictly the provisions of this chapter and the regulations adopted pursuant thereto and shall not waive the enforcement of any such provision.
2. Subject to the provisions of this section and at the sole discretion of the Administrator, the Division may:
(a) Grant a waiver of the enforcement of any provision of this chapter or the regulations adopted pursuant thereto if the Administrator determines that the waiver is appropriate under the circumstances and is clearly within the authority of the Division to grant.
(b) Issue a no-action letter relating to a proposed transaction. Such a letter must not be issued in any case in which the issue presented may be resolved through a careful reading of the relevant provisions of this chapter or the regulations adopted pursuant thereto or through an interpretation of those provisions by competent counsel.
3. A request for a waiver or no-action letter must be submitted in writing to the office of the Administrator, accompanied by a fee of $200.
4. Except under extraordinary circumstances, the Division shall not respond to any request:
(a) Involving the antifraud provisions of this chapter or the regulations adopted pursuant thereto; or
(b) Relating to a transaction that has been consummated.
5. Unless otherwise specified in writing by the Division, a waiver or no-action letter is limited to the specific security, case, matter or transaction at hand and has no precedential value in any other context.
6. As used in this section, no-action letter means a written communication issued by the Division by which a person is advised that a transaction carried out under a set of assumed facts will not result in a recommendation by the staff of the Division that an enforcement action be taken.
κ2003 Statutes of Nevada, 20th Special Session, Page 24 (CHAPTER 3, AB 4)κ
that a transaction carried out under a set of assumed facts will not result in a recommendation by the staff of the Division that an enforcement action be taken.
Sec. 188.3. 1. For any inspection of records conducted pursuant to NRS 90.410, the Administrator shall impose a fee of not more than:
(a) One thousand dollars for an inspection within this state;
(b) Five thousand dollars for an inspection in which any part of the inspection occurs outside this state; or
(c) The actual cost to the Division of performing the inspection,
whichever is less.
2. The fee must be paid within 60 days after the receipt of a request for payment from the Administrator.
Sec. 188.4. 1. A person who files a notice of claim of exemption from the registration requirements of NRS 90.460 may request expeditious processing of the claim by paying an additional fee per filing for the expeditious processing.
2. For a fee of $100 per filing, the Administrator shall issue a notification of acceptance within 24 hours after receipt of the filing.
3. For a fee of $200 per filing, the Administrator shall issue a notification of acceptance on the same date on which the filing is received, if the filing is received by the Administrator before noon Pacific Standard Time.
Sec. 188.5. An offering of securities is exempt from the provisions of NRS 90.460 and 90.560 if:
1. The securities are set forth in subparagraph (2) of paragraph (b) of section 18 of the Securities Act of 1933, 15 U.S.C. § 77r(b)(2); and
2. Before the initial offering in this state of the securities:
(a) A copy of the issuers federal registration statement is filed with the Securities and Exchange Commission; or
(b) A notice on Form NF or Form N-9, as prescribed by the Administrator, is filed with the Administrator with a fee of $500.
Sec. 188.6. 1. If, pursuant to NRS 90.540, the Administrator by regulation or order exempts from the provisions of NRS 90.460 and 90.560 an offer to sell or the sale of a security by an issuer to persons who are or the issuer believes are accredited investors, the issuer shall, within 15 days after the first sale in this state, file with the Administrator a fee of $500.
2. As used in this section, accredited investor has the meaning ascribed to it in 17 C.F.R § 230.501(a).
Sec. 19. Section 189 of Senate Bill No. 2 of the 20th Special Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 189. NRS 90.360 is hereby amended to read as follows:
90.360 1. An applicant for licensing shall pay a nonrefundable licensing fee, due annually in the following amounts:
(a) Broker-dealer, [$150.] $300.
(b) Sales representative, [$55.] $110.
(c) Investment adviser, [$150.] $300.
(d) Representative of an investment adviser, [$55.] $110.
κ2003 Statutes of Nevada, 20th Special Session, Page 25 (CHAPTER 3, AB 4)κ
2. The Administrator by regulation [may] shall require licensing of branch offices . [and impose a fee for the licensing and an annual fee.] A broker-dealer who desires to obtain a branch office license must, in addition to complying with any other requirements established by the Administrator for such a license, submit an application for the license and pay a fee of $100. If any change occurs in the information set forth in an application made pursuant to this subsection, the applicant shall, within 30 days after the change, file an amendment to the application and pay a fee of $50. A license obtained pursuant to this subsection expires on December 31 of each year. The license must be renewed annually on or before December 31 by paying a fee of $100.
3. For the purpose of this section, a branch office means any place of business in this state other than the principal office in the state of the broker-dealer, from which one or more sales representatives transact business.
Sec. 20. Section 195 of Senate Bill No. 2 of the 20th Special Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 195. NRS 90.540 is hereby amended to read as follows:
90.540 1. The Administrator by regulation or order may:
[1.] (a) Exempt any other security or transaction or class of securities or transactions from NRS 90.460 and 90.560.
[2.] (b) Adopt a transactional exemption for limited offerings that will further the objectives of compatibility with the exemptions from securities registration authorized by the Securities Act of 1933 and uniformity among the states.
[3.] (c) Require the filing of a notice [and the payment of a fee not greater than $250] for an exemption adopted pursuant to this section.
2. Except as otherwise provided in section 188.5 or 188.6 of this act, the Administrator shall require the payment of a fee of not less than $300 and not more than $500 for an exemption adopted pursuant to this section.
Sec. 21. Section 208 of Senate Bill No. 2 of the 20th Special Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 208. 1. This section and sections 188.1 to 195, inclusive, and 203 of this act become effective on September 1, 2003.
2. Sections 1 to 188, inclusive, 196 to 202, inclusive, and 204 to 207, inclusive, of this act become effective:
(a) Except as otherwise provided in paragraph (b) or (c), on November 1, 2003.
(b) On January 1, 2004, for the purpose of requiring a resident agent who desires to resign to file a statement of resignation for each artificial person formed, organized, registered or qualified pursuant to the provisions of title 7 of NRS for which the resident agent is unwilling to continue to act as the resident agent for the service of process.
(c) On January 1, 2004, for the purpose of requiring a resident agent to file a certificate of name change of resident agent if the name of the resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment.
κ2003 Statutes of Nevada, 20th Special Session, Page 26 (CHAPTER 3, AB 4)κ
Sec. 22. The provisions of section 15 of this act do not apply to any contracts made before the effective date of that section.
Sec. 23. 1. This section and sections 1, 2, 3, 8, 9, 10, 12, 13, 15, 16, 17 and 22 of this act become effective upon passage and approval.
2. Sections 11 and 14 of this act become effective upon passage and approval and apply retroactively to July 1, 2003.
3. Sections 4 to 7, inclusive, of this act become effective on August 1, 2003.
4. Sections 18 to 21, inclusive, of this act become effective upon passage and approval only if Senate Bill No. 2 of the 20th Special Session of the Nevada Legislature is enacted by the Nevada Legislature.
________
Senate Bill No. 2Committee of the Whole
CHAPTER 4
AN ACT relating to business; providing for the implementation, modification and standardization of certain filing requirements for business entities; requiring a defaulting business entity that wants to reinstate its right to transact business in this state to file with the Secretary of State a certificate of acceptance of appointment signed by its resident agent; changing the exclusive remedy by which a judgment creditor of a member of a limited-liability company or a limited partnership may satisfy a judgment; allowing a limited partnership to register as a limited-liability limited partnership; increasing certain fees and establishing new fees; requiring a resident agent to file with the Secretary of State a certificate of name change of resident agent under certain circumstances; making various other changes to provisions pertaining to business entities; and providing other matters properly relating thereto.
[Approved: July 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The Legislature hereby declares that:
1. Many of the fees increased pursuant to the amendatory provisions of this act have not been increased for a substantial length of time, and increasing these fees is necessary and appropriate at this time.
2. It is the intent of the Legislature that the fees increased pursuant to the amendatory provisions of this act must not be increased again for a period of at least 10 years following the enactment of this act.
Sec. 2. Chapter 78 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
κ2003 Statutes of Nevada, 20th Special Session, Page 27 (CHAPTER 4, SB 2)κ
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 3. NRS 78.027 is hereby amended to read as follows:
78.027 The Secretary of State may microfilm or image any document which is filed in his office by a corporation pursuant to this chapter and may return the original document to the corporation.
Sec. 4. NRS 78.0295 is hereby amended to read as follows:
78.0295 1. A corporation may correct a document filed by the Secretary of State with respect to the corporation if the document contains an inaccurate record of a corporate action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the corporation [shall:] must:
(a) Prepare a certificate of correction which:
(1) States the name of the corporation;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by an officer of the corporation [.] or, if no stock has been issued by the corporation, by the incorporator or a director of the corporation.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of [$150] $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 5. NRS 78.035 is hereby amended to read as follows:
78.035 The articles of incorporation must set forth:
1. The name of the corporation. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as Incorporated, Limited, Inc., Ltd., Company, Co., Corporation, Corp., or other word which identifies it as not being a natural person.
2. The name of the person designated as the corporations resident agent, the street address of the resident agent where process may be served upon the corporation, and the mailing address of the resident agent if different from the street address.
3. The number of shares the corporation is authorized to issue and, if more than one class or series of stock is authorized, the classes, the series and the number of shares of each class or series which the corporation is authorized to issue, unless the articles authorize the board of directors to fix and determine in a resolution the classes, series and numbers of each class or series as provided in NRS 78.195 and 78.196.
κ2003 Statutes of Nevada, 20th Special Session, Page 28 (CHAPTER 4, SB 2)κ
and determine in a resolution the classes, series and numbers of each class or series as provided in NRS 78.195 and 78.196.
4. The [number,] names and [post office box or street] addresses, either residence or business, of the first board of directors or trustees, together with any desired provisions relative to the right to change the number of directors as provided in NRS 78.115.
5. The name and [post office box or street] address, either residence or business , of each of the incorporators executing the articles of incorporation.
Sec. 6. NRS 78.045 is hereby amended to read as follows:
78.045 1. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation contains the word bank or trust, unless:
(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank , [or] savings and loan association [;] or thrift company; and
(b) The articles or certificate of amendment is first approved by the Commissioner of Financial Institutions.
2. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the corporation.
3. Except as otherwise provided in subsection [5,] 6, the Secretary of State shall not accept for filing any articles of incorporation or any certificate [or] of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:
(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or
(b) The State Board of Professional Engineers and Land Surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation contains the [words] word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the corporation:
(a) Is registered pursuant to the provisions of chapter 628 of NRS; or
(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the corporation is not engaged in the practice of accounting and is not offering to practice accounting in this state.
5. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this state which provides that the name of the corporation contains the words unit-owners association or homeowners association or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:
κ2003 Statutes of Nevada, 20th Special Session, Page 29 (CHAPTER 4, SB 2)κ
which provides that the name of the corporation contains the words unit-owners association or homeowners association or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.
6. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering.
[6.] 7. The Commissioner of Financial Institutions and the Commissioner of Insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.
Sec. 7. NRS 78.097 is hereby amended to read as follows:
78.097 1. A resident agent who desires to resign shall file with the Secretary of State a signed statement , on a form provided by the Secretary of State, for each [corporation] artificial person formed, organized, registered or qualified pursuant to the provisions of this title that he is unwilling to continue to act as the resident agent of the [corporation] artificial person for the service of process. The fee for filing a statement of resignation is $100 for the first artificial person for whom the resident agent is unwilling to continue to act as the agent and $1 for each additional artificial person listed on the statement of resignation. A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected corporation appointing a successor resident agent for that corporation. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the corporation appointing a successor resident agent, the resigning resident agent shall immediately give written notice, by mail, to the corporation of the filing of the statement and its effect. The notice must be addressed to any officer of the corporation other than the resident agent.
4. If a resident agent dies, resigns or removes from the State, the corporation, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the full name and complete street address of the new resident agent for the service of process, and may have a separate mailing address, such as a post office box, which may be different from the street address.
5. A corporation that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 78.170 and 78.175.
κ2003 Statutes of Nevada, 20th Special Session, Page 30 (CHAPTER 4, SB 2)κ
Sec. 8. NRS 78.110 is hereby amended to read as follows:
78.110 1. If a corporation created pursuant to this chapter desires to change its resident agent, the change may be effected by filing with the Secretary of State a certificate of change of resident agent signed by an officer of the corporation which sets forth:
(a) The name of the corporation;
(b) The name and street address of its present resident agent; and
(c) The name and street address of the new resident agent.
2. The new resident agents certificate of acceptance must be a part of or attached to the certificate of change [.] of resident agent.
3. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.
Sec. 9. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized pursuant to the laws of this state shall, on or before the [first] last day of the [second] first month after the filing of its articles of incorporation with the Secretary of State, file with the Secretary of State a list, on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of the president, secretary [,] and treasurer , or the equivalent thereof, and of all the directors of the corporation;
(d) The [mailing or street] address, either residence or business, of each officer and director listed, following the name of the officer or director;
(e) The name and [street] address of the lawfully designated resident agent of the corporation; and
(f) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the Secretary of State, on a form furnished by him, an annual list containing all of the information required in subsection 1.
3. Each list required by subsection 1 or 2 must be accompanied by a declaration under penalty of perjury that the corporation [has] :
(a) Has complied with the provisions of chapter 364A of NRS [.] ; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State.
4. Upon filing the list required by:
(a) Subsection 1, the corporation shall pay to the Secretary of State a fee of [$165.] $125.
κ2003 Statutes of Nevada, 20th Special Session, Page 31 (CHAPTER 4, SB 2)κ
(b) Subsection 2, the corporation shall pay to the Secretary of State [a fee of $85.] , if the amount represented by the total number of shares provided for in the articles is:
$75,000 or less........................................................................................ $125
Over $75,000 and not over $200,000................................................... 175
Over $200,000 and not over $500,000................................................ 275
Over $500,000 and not over $1,000,000............................................. 375
Over $1,000,000:
For the first $1,000,000................................................................... 375
For each additional $500,000 or fraction thereof..................... 275
The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,100.
5. If a director or officer of a corporation resigns and the resignation is not made in conjunction with the filing of an annual or amended list of directors and officers, the corporation shall pay to the Secretary of State a fee of $75 to file the resignation of the director or officer.
6. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 [or 8] is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a corporation not in default which is received by the Secretary of State more than [60] 90 days before its due date shall be deemed an amended list for the previous year and must be accompanied by [a fee of $85] the appropriate fee as provided in subsection 4 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
[8. If the corporation is an association as defined in NRS 116.110315, the Secretary of State shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 that is provided to the association pursuant to subsection 4 of that section.]
Sec. 10. NRS 78.155 is hereby amended to read as follows:
78.155 If a corporation has filed the initial or annual list in compliance with NRS 78.150 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its incorporation occurs in the next succeeding calendar year. [If the corporation desires a formal certificate upon its payment of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.]
Sec. 11. NRS 78.165 is hereby amended to read as follows:
78.165 1. [Every] Each list required to be filed under the provisions of NRS 78.150 to 78.185, inclusive, must, after the name of each officer and director listed thereon, set forth the [post office box or street] address, either residence or business, of each officer and director.
κ2003 Statutes of Nevada, 20th Special Session, Page 32 (CHAPTER 4, SB 2)κ
director listed thereon, set forth the [post office box or street] address, either residence or business, of each officer and director.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of NRS 78.150 to 78.185, inclusive, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of NRS 78.150 to 78.185, inclusive.
Sec. 12. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation which is required to make a filing and pay the fee prescribed in NRS 78.150 to 78.185, inclusive, and which refuses or neglects to do so within the time provided shall be deemed in default.
2. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a corporation which is a unit-owners association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the corporation to be in default. If, after the corporation is deemed to be in default, the Administrator notifies the Secretary of State that the corporation has registered pursuant to NRS 116.31158 and paid the fees pursuant to NRS 116.31155, the Secretary of State shall reinstate the corporation if the corporation complies with the requirements for reinstatement as provided in this section and NRS 78.180 and 78.185.
3. For default there must be added to the amount of the fee a penalty of [$50.] $75. The fee and penalty must be collected as provided in this chapter.
Sec. 13. NRS 78.175 is hereby amended to read as follows:
78.175 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each corporation deemed in default pursuant to NRS 78.170. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. On the first day of the first anniversary of the month following the month in which the filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.
3. The Secretary of State shall compile a complete list containing the names of all corporations whose right to [do] transact business has been forfeited.
4. The Secretary of State shall forthwith notify, by [letter addressed] providing written notice to its resident agent, each [such] corporation specified in subsection 3 of the forfeiture of its charter. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
[4.] (b) At the request of the resident agent, may be provided electronically.
5. If the charter of a corporation is revoked and the right to transact business is forfeited as provided in subsection 2, all [of] the property and assets of the defaulting domestic corporation must be held in trust by the directors of the corporation as for insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations.
κ2003 Statutes of Nevada, 20th Special Session, Page 33 (CHAPTER 4, SB 2)κ
corporations. Any person interested may institute proceedings at any time after a forfeiture has been declared, but , if the Secretary of State reinstates the charter , the proceedings must at once be dismissed and all property restored to the officers of the corporation.
[5.] 6. Where the assets are distributed , they must be applied in the following manner:
(a) To the payment of the filing fee, penalties incurred and costs due [to] the State;
(b) To the payment of the creditors of the corporation; and
(c) Any balance remaining , to distribution among the stockholders.
Sec. 14. NRS 78.180 is hereby amended to read as follows:
78.180 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, if it:
(a) Files with the Secretary of State [the] :
(1) The list required by NRS 78.150;
(2) The statement required by section 1 of Senate Bill No. 124 of the 72nd Session of the Nevada Legislature, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which it failed to file each required annual list in a timely manner; [and]
(2) The fee set forth in section 1 of Senate Bill No. 124 of the 72nd Session of the Nevada Legislature, if applicable; and
(3) A fee of [$200] $300 for reinstatement.
2. When the Secretary of State reinstates the corporation, he shall [:
(a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee or fees had been paid when due; and
(b) Upon demand,] issue to the corporation [one or more certified copies of the] a certificate of reinstatement [.] if the corporation:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.
4. If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
Sec. 15. NRS 78.185 is hereby amended to read as follows:
78.185 1. Except as otherwise provided in subsection 2, if a corporation applies to reinstate or revive its charter but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the corporation shall in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its corporate existence to be reinstated or revived.
κ2003 Statutes of Nevada, 20th Special Session, Page 34 (CHAPTER 4, SB 2)κ
reinstated or revived. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [issue to the applying corporation a certificate of reinstatement or revival] reinstate the corporation under that new name.
2. If the applying corporation submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying corporation or a new name it has submitted, it may be reinstated or revived under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 16. NRS 78.390 is hereby amended to read as follows:
78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:
(a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and either call a special meeting of the stockholders entitled to vote on the amendment or direct that the proposed amendment be considered at the next annual meeting of the stockholders entitled to vote on the amendment.
(b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have voted in favor of the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.
(c) The certificate so signed must be filed with the Secretary of State.
2. If any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof.
3. Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.
4. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.
5. The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.
κ2003 Statutes of Nevada, 20th Special Session, Page 35 (CHAPTER 4, SB 2)κ
amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.
6. A certificate filed pursuant to subsection 1 becomes effective upon filing with the Secretary of State or upon a later date specified in the certificate, which must not be later than 90 days after the certificate is filed.
7. If a certificate filed pursuant to subsection 1 specifies an effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the Secretary of State that:
(a) Is filed before the effective date specified in the certificate filed pursuant to subsection 1;
(b) Identifies the certificate being terminated;
(c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;
(d) States that the effectiveness of the certificate has been terminated;
(e) Is signed by an officer of the corporation; and
(f) Is accompanied by a filing fee of [$150.] $175.
Sec. 17. NRS 78.403 is hereby amended to read as follows:
78.403 1. A corporation may restate, or amend and restate, in a single certificate the entire text of its articles of incorporation as amended by filing with the Secretary of State a certificate [signed by an officer of the corporation which must set forth the articles as amended to the date of the certificate.] in the manner provided in this section. If the certificate alters or amends the articles in any manner, it must comply with the provisions of NRS 78.380, 78.385 and 78.390, as applicable . [, and must be accompanied by:
(a) A resolution; or
(b) A form prescribed by the Secretary of State,
setting forth which provisions of the articles of incorporation on file with the Secretary of State are being altered or amended.]
2. If the certificate does not alter or amend the articles, it must be signed by an officer of the corporation and state that he has been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles of incorporation as amended to the date of the certificate.
3. The following may be omitted from the restated articles:
(a) The names, addresses, signatures and acknowledgments of the incorporators;
(b) The names and addresses of the members of the past and present boards of directors; and
(c) The name and address of the resident agent.
4. Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed subsequent to the restated articles and certified copies of all certificates supplementary to the original articles.
κ2003 Statutes of Nevada, 20th Special Session, Page 36 (CHAPTER 4, SB 2)κ
Sec. 18. NRS 78.580 is hereby amended to read as follows:
78.580 1. If the board of directors of any corporation organized under this chapter, after the issuance of stock or the beginning of business, decides that the corporation should be dissolved, the board may adopt a resolution to that effect. If the corporation has issued no stock, only the directors need to approve the dissolution. If the corporation has issued stock, the directors must recommend the dissolution to the stockholders. The corporation shall notify each stockholder entitled to vote on dissolution , and the stockholders entitled to vote must approve the dissolution.
2. If the dissolution is approved by the directors or both the directors and stockholders, as respectively provided in subsection 1, the corporation shall file with the Office of the Secretary of State a certificate signed by an officer of the corporation setting forth that the dissolution has been approved by the directors, or by the directors and the stockholders, and a list of the names and [post office box or street] addresses, either residence or business, of the corporations president, secretary and treasurer , or the equivalent thereof, and all of its directors . [, certified by the president, or a vice president, and the secretary, or an assistant secretary, in the Office of the Secretary of State.]
Sec. 19. NRS 78.622 is hereby amended to read as follows:
78.622 1. If a corporation is under reorganization in a federal court pursuant to Title 11 of U.S.C., it may take any action necessary to carry out any proceeding and do any act directed by the court relating to reorganization, without further action by its directors or stockholders. This authority may be exercised by:
(a) The trustee in bankruptcy appointed by the court;
(b) Officers of the corporation designated by the court; or
(c) Any other representative appointed by the court,
with the same effect as if exercised by the directors and stockholders of the corporation.
2. By filing a confirmed plan or order of reorganization, certified by the bankruptcy court, with the Secretary of State, the corporation may:
(a) Alter, amend or repeal its bylaws;
(b) Constitute or reconstitute and classify or reclassify its board of directors;
(c) Name, constitute or appoint directors and officers in place of or in addition to all or some of the directors or officers then in office;
(d) Amend its articles of incorporation;
(e) Make any change in its authorized and issued stock;
(f) Make any other amendment, change, alteration or provision authorized by this chapter; and
(g) Be dissolved, transfer all or part of its assets , or merge or consolidate , or make any other change authorized by this chapter.
3. In any action taken pursuant to subsections 1 and 2, a stockholder has no right to demand payment for his stock.
4. Any amendment of the articles of incorporation made pursuant to subsection 2 must be signed under penalty of perjury by the person authorized by the court and filed with the Secretary of State. If the amendment is filed in accordance with the order of reorganization, it becomes effective when it is filed unless otherwise ordered by the court.
5. Any filing with the Secretary of State pursuant to this section must be accompanied by the appropriate fee, if any.
κ2003 Statutes of Nevada, 20th Special Session, Page 37 (CHAPTER 4, SB 2)κ
Sec. 20. NRS 78.730 is hereby amended to read as follows:
78.730 1. Any corporation which did exist or is existing under the laws of this state may, upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:
(a) A certificate with the Secretary of State, which must set forth:
(1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.
(2) The name of the person designated as the resident agent of the corporation, his street address for the service of process, and his mailing address if different from his street address.
(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.
(4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.
(5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(b) A list of its president, secretary and treasurer , or the equivalent thereof, and all of its directors and their [post office box or street] addresses, either residence or business.
2. A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary. The certificate must be approved by a majority of the voting power of the shares.
3. A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the stockholders of the corporation. The execution and filing of the certificate must be approved by the written consent of stockholders of the corporation holding at least a majority of the voting power and must contain a recital that this consent was secured. If no stock has been issued, the certificate must contain a statement of that fact, and a majority of the directors then in office may designate the person to sign the certificate. The corporation shall pay to the Secretary of State the fee required to establish a new corporation pursuant to the provisions of this chapter.
4. The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation therein named.
Sec. 21. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation is prescribed in the following schedule:
If the amount represented by the total number of shares provided for in the articles is:
$75,000 or less.............................................................................. [$175] $75
κ2003 Statutes of Nevada, 20th Special Session, Page 38 (CHAPTER 4, SB 2)κ
Over $75,000 and not over $200,000................................... [$225] $175
Over $200,000 and not over $500,000...................................... [325] 275
Over $500,000 and not over $1,000,000.................................. [425] 375
Over $1,000,000:
For the first $1,000,000.......................................................... [425] 375
For each additional $500,000 or fraction thereof............. [225] 275
2. The maximum fee which may be charged pursuant to this section is [$25,000] $35,000 for:
(a) The original filing of articles of incorporation.
(b) A subsequent filing of any instrument which authorizes an increase in stock.
3. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
For the purposes of this subsection, shares with no prescribed par value shall be deemed shares without par value.
4. The Secretary of State shall calculate filing fees pursuant to this section with respect to shares with a par value of less than one-tenth of a cent as if the par value were one-tenth of a cent.
Sec. 22. NRS 78.765 is hereby amended to read as follows:
78.765 1. The fee for filing a certificate changing the number of authorized shares pursuant to NRS 78.209 or a certificate of amendment to articles of incorporation that increases the corporations authorized stock or a certificate of correction that increases the corporations authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase. In no case may the amount be less than [$150.] $175.
2. The fee for filing a certificate of amendment to articles of incorporation that does not increase the corporations authorized stock or a certificate of correction that does not increase the corporations authorized stock is [$150.] $175.
3. The fee for filing a certificate or an amended certificate pursuant to NRS 78.1955 is [$150.] $175.
4. The fee for filing a certificate of termination pursuant to NRS [78.1955, 78.209 or] 78.209, 78.380 or 78.390 or a certificate of withdrawal pursuant to NRS 78.1955 is [$150.] $175.
κ2003 Statutes of Nevada, 20th Special Session, Page 39 (CHAPTER 4, SB 2)κ
Sec. 23. NRS 78.767 is hereby amended to read as follows:
78.767 1. The fee for filing a certificate of restated articles of incorporation that does not increase the corporations authorized stock is [$150.] $175.
2. The fee for filing a certificate of restated articles of incorporation that increases the corporations authorized stock is the difference between the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, including the proposed increase, and the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, excluding the proposed increase. In no case may the amount be less than [$150.] $175.
Sec. 24. NRS 78.780 is hereby amended to read as follows:
78.780 1. The fee for filing a certificate of extension of corporate existence of any corporation is an amount equal to one-fourth of the fee computed at the rates specified in NRS 78.760 for filing articles of incorporation.
2. The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is [$60.] $75.
Sec. 25. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of a corporations registered office and resident agent, or a new designation of resident agent, is [$30.] $60.
2. The fee for certifying articles of incorporation where a copy is provided is [$20.] $30.
3. The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended, where a copy is furnished, is [$20.] $30.
4. The fee for certifying an authorized printed copy of the general corporation law as compiled by the Secretary of State is [$20.] $30.
5. The fee for reserving a corporate name is [$20.] $25.
6. The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is [$40.] $50.
7. The fee for executing a certificate of corporate existence which lists the previous documents relating to the corporation is [$40.] $50.
8. The fee for executing, certifying or filing any certificate or document not provided for in NRS 78.760 to 78.785, inclusive, is [$40.] $50.
9. The fee for copies made at the Office of the Secretary of State is [$1] $2 per page.
10. The fees for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 92A.210, on the basis of the amount of basic surplus of the insurer.
11. The fee for examining and provisionally approving any document at any time before the document is presented for filing is [$100.] $125.
Sec. 26. NRS 78.795 is hereby amended to read as follows:
78.795 1. Any natural person or corporation residing or located in this state may [, on or after January 1 of any year but before January 31 of that year,] register for that calendar year his willingness to serve as the resident agent of a domestic or foreign corporation, limited-liability company or limited partnership with the Secretary of State. The registration must state the full, legal name of the person or corporation willing to serve as the resident agent and be accompanied by a fee of [$250] $500 per office location of the resident agent.
κ2003 Statutes of Nevada, 20th Special Session, Page 40 (CHAPTER 4, SB 2)κ
resident agent and be accompanied by a fee of [$250] $500 per office location of the resident agent.
2. The Secretary of State shall maintain a list of those persons who are registered pursuant to subsection 1 and make the list available to persons seeking to do business in this state.
3. The Secretary of State may amend any information provided in the list if a person who is included in the list:
(a) Requests the amendment; and
(b) Pays a fee of $50.
4. The Secretary of State may adopt regulations prescribing the content, maintenance and presentation of the list.
Sec. 27. Chapter 78A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 28. Chapter 80 of NRS is hereby amended by adding thereto the provisions set forth as sections 29 and 30 of this act.
Sec. 29. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 30. 1. Except as otherwise provided in subsection 2, if a foreign corporation applies to reinstate its charter but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign corporation must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated.
κ2003 Statutes of Nevada, 20th Special Session, Page 41 (CHAPTER 4, SB 2)κ
the Secretary of State pursuant to the provisions of this title, the foreign corporation must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign corporation under that new name.
2. If the applying foreign corporation submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying foreign corporation or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 31. NRS 80.005 is hereby amended to read as follows:
80.005 The Secretary of State may microfilm or image any document which is filed in his office by a foreign corporation pursuant to this chapter and may return the original document to the corporation.
Sec. 32. NRS 80.007 is hereby amended to read as follows:
80.007 1. A foreign corporation may correct a document filed by the Secretary of State if the document contains an incorrect statement or was defectively executed, attested, sealed or verified.
2. To correct a document, the corporation [shall:] must:
(a) Prepare a certificate of correction which:
(1) States the name of the corporation;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the [incorrect
statement and the reason it is incorrect or the manner in which the execution
was defective;
(4) Corrects
the incorrect statement or defective execution;] inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by an officer of the corporation [; and] or, if no stock has been issued by the corporation, by the incorporator or a director of the corporation.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 33. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, each corporation organized pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country, that enters this state to do business must:
(a) File in the Office of the Secretary of State of this state:
κ2003 Statutes of Nevada, 20th Special Session, Page 42 (CHAPTER 4, SB 2)κ
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.
(3) A statement executed by an officer of the corporation setting forth:
(I) A general description of the purposes of the corporation; and
(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.
(b) Lodge in the Office of the Secretary of State a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.
2. The Secretary of State shall not file the documents required by subsection 1 for any foreign corporation whose name is not distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
3. For the purposes of this section and NRS 80.012, a proposed name is not distinguishable from a name on file or reserved solely because one or the other names contains distinctive lettering, a distinctive mark, a trademark or trade name, or any combination thereof.
4. The name of a foreign corporation whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
5. The Secretary of State shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless the State Board of Professional Engineers and Land Surveyors certifies that:
(a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or
(b) The corporation is exempt from the prohibitions of NRS 625.520.
[4.] 6. The Secretary of State shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the Commissioner of Financial Institutions, unless the Commissioner certifies that:
κ2003 Statutes of Nevada, 20th Special Session, Page 43 (CHAPTER 4, SB 2)κ
appears from the documents that the business to be carried on by the corporation is subject to supervision by the Commissioner of Financial Institutions, unless the Commissioner certifies that:
(a) The corporation has obtained the authority required to do business in this state; or
(b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.
[5.] 7. The Secretary of State shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the [words] word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the foreign corporation:
(a) Is registered pursuant to the provisions of chapter 628 of NRS; or
(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the foreign corporation is not engaged in the practice of accounting and is not offering to practice accounting in this state.
[6.] 8. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 34. NRS 80.025 is hereby amended to read as follows:
80.025 1. If a foreign corporation cannot qualify to do business in this state because its name does not meet the requirements of [subsection 2 or 3 of] NRS 80.010, it may apply for a certificate to do business by having its board of directors adopt a resolution setting forth the name under which the corporation elects to do business in this state. The resolution may:
(a) Add to the existing corporate name a word, abbreviation or other distinctive element; or
(b) Adopt a name different from its existing corporate name that is available for use in this state.
2. In addition to the documents required by subsection 1 of NRS 80.010, the corporation shall file a resolution certifying the adoption of the modified name.
3. If the Secretary of State determines that the modified corporate name complies with the provisions of [subsection 2 or 3] of NRS 80.010, he shall issue the certificate in the foreign corporations modified name if the foreign corporation otherwise qualifies to do business in this state.
4. A foreign corporation doing business in this state under a modified corporate name approved by the Secretary of State shall use the modified name in its dealings and communications with the Secretary of State.
Sec. 35. NRS 80.050 is hereby amended to read as follows:
80.050 1. Except as otherwise provided in subsection 3, foreign corporations shall pay the same fees to the Secretary of State as are required to be paid by corporations organized pursuant to the laws of this state, but the amount of fees to be charged must not exceed:
(a) The sum of [$25,000] $35,000 for filing documents for initial qualification; or
(b) The sum of [$25,000] $35,000 for each subsequent filing of a certificate increasing authorized capital stock.
2. If the corporate documents required to be filed set forth only the total number of shares of stock the corporation is authorized to issue without reference to value, the authorized shares shall be deemed to be without par value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.
κ2003 Statutes of Nevada, 20th Special Session, Page 44 (CHAPTER 4, SB 2)κ
value and the filing fee must be computed pursuant to paragraph (b) of subsection 3 of NRS 78.760.
3. Foreign corporations which are nonprofit corporations and which do not have or issue shares of stock shall pay the same fees to the Secretary of State as are required to be paid by nonprofit corporations organized pursuant to the laws of this state.
4. The fee for filing a notice of withdrawal from the State of Nevada by a foreign corporation is [$60.] $75.
Sec. 36. NRS 80.070 is hereby amended to read as follows:
80.070 1. A foreign corporation may change its resident agent by filing with the Secretary of State:
(a) A certificate of change [,] of resident agent, signed by an officer of the corporation, setting forth:
(1) The name of the corporation;
(2) The name and street address of the present resident agent; and
(3) The name and street address of the new resident agent; and
(b) A certificate of acceptance executed by the new resident agent, which must be a part of or attached to the certificate of change [. The change authorized by this subsection becomes effective upon the filing of the certificate of change.] of resident agent.
2. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
3. A change authorized by subsection 1 or 2 becomes effective upon the filing of the proper certificate of change.
4. A [person who has been designated by a foreign corporation as] resident agent [may file] who desires to resign shall:
(a) File with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the corporation for the service of process [.
3.] ; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
5. Upon the filing of the statement of resignation with the Secretary of State, the capacity of the resigning person as resident agent terminates. If the statement of resignation is not accompanied by a statement of the corporation appointing a successor resident agent, the resigning resident agent shall give written notice, by mail, to the corporation, of the filing of the statement and its effect. The notice must be addressed to any officer of the corporation other than the resident agent.
κ2003 Statutes of Nevada, 20th Special Session, Page 45 (CHAPTER 4, SB 2)κ
[4.] 6. If a resident agent dies, resigns or moves from the State, the corporation, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the name of the new resident agent, his street address for the service of process, and his mailing address if different from his street address.
[5.] 7. A corporation that fails to file a certificate of acceptance executed by a new resident agent within 30 days after the death, resignation or removal of its resident agent shall be deemed in default and is subject to the provisions of NRS 80.150 and 80.160.
Sec. 37. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the [first] last day of the [second] first month after the filing of its certificate of corporate existence with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The names and addresses, either residence or business, of its president, secretary and treasurer , or [their equivalent,] the equivalent thereof, and all of its directors;
(b) [A designation of its] The name and street address of the lawfully designated resident agent of the corporation in this state; and
(c) The signature of an officer of the corporation.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the foreign corporation has complied with the provisions of chapter 364A of NRS [.] and which acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State.
2. Upon filing:
(a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of [$165.] $125.
(b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State [a fee of $85.] , if the amount represented by the total number of shares provided for in the articles is:
$75,000 or less........................................................................................ $125
Over $75,000 and not over $200,000................................................... 175
Over $200,000 and not over $500,000................................................ 275
Over $500,000 and not over $1,000,000............................................. 375
Over $1,000,000:
For the first $1,000,000................................................................... 375
For each additional $500,000 or fraction thereof..................... 275
The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is $11,100.
3. If a director or officer of a corporation resigns and the resignation is not made in conjunction with the filing of an annual or amended list of directors and officers, the corporation shall pay to the Secretary of State a fee of $75 to file the resignation of the director or officer.
4. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each corporation which is required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him.
κ2003 Statutes of Nevada, 20th Special Session, Page 46 (CHAPTER 4, SB 2)κ
corporation which is required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.
[4.] 5. An annual list for a corporation not in default which is received by the Secretary of State more than [60] 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 38. NRS 80.120 is hereby amended to read as follows:
80.120 If a corporation has filed the initial or annual list in compliance with NRS 80.110 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year. [If the corporation desires a formal certificate upon its payment of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.]
Sec. 39. NRS 80.140 is hereby amended to read as follows:
80.140 1. [Every] Each list required to be filed under the provisions of NRS 80.110 to 80.170, inclusive, must, after the name of each officer and director listed thereon, set forth the [post office box or street] address, either residence or business, of each officer and director.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of NRS 80.110 to 80.170, inclusive, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 40. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation which is required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, and which refuses or neglects to do so within the time provided [,] is in default.
2. For default there must be added to the amount of the fee a penalty of [$50,] $75 and unless the filing is made and the fee and penalty are paid on or before the [first day of the ninth month following] last day of the month in which the anniversary date of incorporation occurs in which filing was required, the defaulting corporation by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
Sec. 41. NRS 80.160 is hereby amended to read as follows:
80.160 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each corporation deemed in default pursuant to NRS 80.150. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the [first day of the ninth month following the month in which filing was required,] last day of the month in which the anniversary date of incorporation occurs, the Secretary of State shall compile a [full and] complete list containing the names of all corporations whose right to [do] transact business has been forfeited.
κ2003 Statutes of Nevada, 20th Special Session, Page 47 (CHAPTER 4, SB 2)κ
compile a [full and] complete list containing the
names of all corporations whose right to [do] transact business has been
forfeited.
3. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each corporation specified in subsection 2 of the forfeiture of its right to do business. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 42. NRS 80.170 is hereby amended to read as follows:
80.170 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the corporation its right to transact business in this state, and to exercise its corporate privileges and immunities , if it:
(a) Files with the Secretary of State [a] :
(1) The list as provided in NRS 80.110 and 80.140;
(2) The statement required by section 4 of Senate Bill No. 124 of the 72nd Session of the Nevada Legislature, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business was forfeited; [and]
(2) The fee set forth in section 4 of Senate Bill No. 124 of the 72nd Session of the Nevada Legislature, if applicable; and
(3) A fee of [$200] $300 for reinstatement.
2. [If payment is made and] When the Secretary of State reinstates the corporation , [to its former rights,] he shall [:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand,] issue to the corporation [one or more certified copies of the] a certificate of reinstatement [.] if the corporation:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid [,] and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a corporation to transact business in this state has been forfeited pursuant to the provisions of [NRS 80.160] this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.
Sec. 43. NRS 80.190 is hereby amended to read as follows:
80.190 1. Except as otherwise provided in subsection 2, each foreign corporation doing business in this state shall, not later than the month of March in each year, publish a statement of its last calendar years business in two numbers or issues of a newspaper published in this state [.] that has a total weekly circulation of at least 1,000. The statement must include:
(a) The name of the corporation.
κ2003 Statutes of Nevada, 20th Special Session, Page 48 (CHAPTER 4, SB 2)κ
(b) The name and title of the corporate officer submitting the statement.
(c) The mailing or street address of the corporations principal office.
(d) The mailing or street address of the corporations office in this state, if one exists.
(e) The total assets and liabilities of the corporation at the end of the year.
2. If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 must be published not later than the end of the third month following the close of each fiscal year.
3. A corporation which neglects or refuses to publish a statement as required by this section is liable to a penalty of $100 for each month that the statement remains unpublished.
4. Any district attorney in the State or the Attorney General may sue to recover the penalty. The first county suing through its district attorney shall recover the penalty, and if no suit is brought for the penalty by any district attorney, the State may recover through the Attorney General.
Sec. 44. Chapter 81 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 and 46 of this act.
Sec. 45. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 46. 1. A nonprofit cooperative corporation, a cooperative association, a charitable organization or any other entity formed under the provisions of this chapter may correct a document filed by the Secretary of State with respect to the entity if the document contains an inaccurate record of an action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the entity must:
(a) Prepare a certificate of correction which:
(1) States the name of the entity;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
κ2003 Statutes of Nevada, 20th Special Session, Page 49 (CHAPTER 4, SB 2)κ
(5) Is signed by an officer of the entity or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of $25 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 47. NRS 81.200 is hereby amended to read as follows:
81.200 1. [Every] Each association formed under NRS 81.170 to 81.270, inclusive, shall prepare articles of association in writing, setting forth:
(a) The name of the association.
(b) The purpose for which it is formed.
(c) The name of the person designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.
(d) The term for which it is to exist, which may be perpetual.
(e) The [number of the directors thereof, and the] names and [residences of those] addresses, either residence or business, of the directors selected for the first year.
(f) The amount which each member is to pay upon admission as a fee for membership, and that each member signing the articles has actually paid the fee.
(g) That the interest and right of each member therein is to be equal.
(h) The name and [post office box or street] address, either residence or business, of each of the persons executing the articles of association.
2. The articles of association must be subscribed by the original associates or members.
3. The articles so subscribed must be filed, together with a certificate of acceptance of appointment executed by the resident agent for the association, in the Office of the Secretary of State, who shall furnish a certified copy thereof. From the time of the filing in the Office of the Secretary of State, the association may exercise all the powers for which it was formed.
Sec. 48. Chapter 82 of NRS is hereby amended by adding thereto the provisions set forth as sections 49 to 57, inclusive, of this act.
Sec. 49. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
κ2003 Statutes of Nevada, 20th Special Session, Page 50 (CHAPTER 4, SB 2)κ
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 50. 1. A corporation may correct a document filed by the Secretary of State with respect to the corporation if the document contains an inaccurate record of a corporate action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the corporation must:
(a) Prepare a certificate of correction which:
(1) States the name of the corporation;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by an officer of the corporation or, if the certificate is filed before the first meeting of the board of directors, by an incorporator or director.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of $25 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 51. 1. Each foreign nonprofit corporation doing business in this state shall, on or before the last day of the first month after the filing of its application for registration as a foreign nonprofit corporation with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The name of the foreign nonprofit corporation;
(b) The file number of the foreign nonprofit corporation, if known;
(c) The names and titles of the president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the foreign nonprofit corporation;
(d) The address, either residence or business, of the president, secretary and treasurer, or the equivalent thereof, and each director of the foreign nonprofit corporation;
(e) The name and address of its lawfully designated resident agent in this state; and
(f) The signature of an officer of the foreign nonprofit corporation certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign nonprofit corporation:
(a) Has complied with the provisions of chapter 364A of NRS; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State.
3. Upon filing the initial list and each annual list pursuant to this section, the foreign nonprofit corporation must pay to the Secretary of State a fee of $25.
κ2003 Statutes of Nevada, 20th Special Session, Page 51 (CHAPTER 4, SB 2)κ
4. The Secretary of State shall, 60 days before the last day for filing each annual list, cause to be mailed to each foreign nonprofit corporation which is required to comply with the provisions of sections 51 to 57, inclusive, of this act, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign nonprofit corporation to receive the forms does not excuse it from the penalty imposed by the provisions of sections 51 to 57, inclusive, of this act.
5. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
6. An annual list for a foreign nonprofit corporation not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 52. If a foreign nonprofit corporation has filed the initial or annual list in compliance with section 51 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign nonprofit corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.
Sec. 53. 1. Each list required to be filed under the provisions of sections 51 to 57, inclusive, of this act must, after the name of each officer listed thereon, set forth the address, either residence or business, of each officer.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign nonprofit corporation for which the list has been offered for filing is subject to all the provisions of sections 51 to 57, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 54. 1. Each foreign nonprofit corporation which is required to make a filing and pay the fee prescribed in sections 51 to 57, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $50, and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign nonprofit corporation occurs, the defaulting foreign nonprofit corporation forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
Sec. 55. 1. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign nonprofit corporation deemed in default pursuant to section 54 of this act. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the last day of the month in which the anniversary date of incorporation occurs, the Secretary of State shall compile a complete list containing the names of all foreign nonprofit corporations whose right to transact business has been forfeited.
κ2003 Statutes of Nevada, 20th Special Session, Page 52 (CHAPTER 4, SB 2)κ
compile a complete list containing the names of all foreign nonprofit corporations whose right to transact business has been forfeited.
3. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign nonprofit corporation specified in subsection 2 of the forfeiture of its right to transact business. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 56. 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign nonprofit corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of sections 51 to 57, inclusive, of this act and restore to the foreign nonprofit corporation its right to transact business in this state, and to exercise its corporate privileges and immunities, if it:
(a) Files with the Secretary of State a list as provided in section 51 of this act; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in sections 51 and 54 of this act for each year or portion thereof that its right to transact business was forfeited; and
(2) A fee of $100 for reinstatement.
2. When the Secretary of State reinstates the foreign nonprofit corporation, he shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:
(a) Requests a certificate of reinstatement; and
(b) Pays the fees as provided in subsection 8 of NRS 78.785.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign nonprofit corporation to transact business in this state has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.
Sec. 57. 1. Except as otherwise provided in subsection 2, if a foreign nonprofit corporation applies to reinstate its charter but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title and that name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign nonprofit corporation must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign nonprofit corporation under that new name.
2. If the applying foreign nonprofit corporation submits the written, acknowledged consent of the artificial person having a name, or who has reserved a name, which is not distinguishable from the old name of the applying foreign nonprofit corporation or a new name it has submitted, it may be reinstated under that name.
κ2003 Statutes of Nevada, 20th Special Session, Page 53 (CHAPTER 4, SB 2)κ
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 58. NRS 82.106 is hereby amended to read as follows:
82.106 1. The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the words trust, engineer, engineered, engineering, professional engineer or licensed engineer.
2. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the Commissioner of Insurance.
3. The Secretary of State shall not accept for filing pursuant to this chapter any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to this chapter if the name of the corporation contains the [words] word accountant, accounting, accountancy, auditor or auditing.
4. The Secretary of State shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed or existing pursuant to the laws of this state which provides that the name of the corporation contains the words unit-owners association or homeowners association or if it appears in the articles of incorporation or certificate of amendment that the purpose of the corporation is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the corporation has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.
Sec. 59. NRS 82.193 is hereby amended to read as follows:
82.193 1. A corporation shall have a resident agent in the manner provided in NRS 78.090, 78.095, 78.097 and 78.110. The resident agent and the corporation shall comply with the provisions of those sections.
2. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a corporation which is a unit-owners association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the corporation to be in default. If, after the corporation is deemed to be in default, the Administrator notifies the Secretary of State that the corporation has registered pursuant to NRS 116.31158 and paid the fees pursuant to NRS 116.31155, the Secretary of State shall reinstate the corporation if the corporation complies with the requirements for reinstatement as provided in this section and NRS 78.180 and 78.185.
κ2003 Statutes of Nevada, 20th Special Session, Page 54 (CHAPTER 4, SB 2)κ
3. A corporation is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:
(a) The fee for filing a list is [$15;] $25;
(b) The penalty added for default is [$5;] $50; and
(c) The fee for reinstatement is [$25.] $100.
Sec. 60. NRS 82.356 is hereby amended to read as follows:
82.356 1. [Every] Each amendment adopted pursuant to the provisions of NRS 82.351 must be made in the following manner:
(a) The board of directors must adopt a resolution setting forth the amendment proposed, approve it and, if the corporation has members entitled to vote on an amendment to the articles, call a meeting, either annual or special, of the members. The amendment must also be approved by [every] each public official or other person whose approval of an amendment of articles is required by the articles.
(b) At the meeting of members, of which notice must be given to each member entitled to vote pursuant to the provisions of this section, a vote of the members entitled to vote in person or by proxy must be taken for and against the proposed amendment. A majority of a quorum of the voting power of the members or such greater proportion of the voting power of members as may be required in the case of a vote by classes, as provided in subsection 3, or as may be required by the articles, must vote in favor of the amendment.
(c) Upon approval of the amendment by the directors, or if the corporation has members entitled to vote on an amendment to the articles, by both the directors and those members, and such other persons or public officers, if any, as are required to do so by the articles, [the chairman of the board or the president or vice president, and the secretary or assistant secretary,] an officer of the corporation must execute a certificate setting forth the amendment, or setting forth the articles as amended, that the public officers or other persons, if any, required by the articles have approved the amendment, and the vote of the members and directors by which the amendment was adopted.
(d) The certificate so executed must be filed in the Office of the Secretary of State.
2. Upon filing the certificate, the articles of incorporation are amended accordingly.
3. If any proposed amendment would alter or change any preference or any relative or other right given to any class of members, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of a majority of a quorum of the voting power of each class of members affected by the amendment regardless of limitations or restrictions on their voting power.
4. In the case of any specified amendments, the articles may require a larger vote of members than that required by this section.
Sec. 61. NRS 82.451 is hereby amended to read as follows:
82.451 1. A corporation may be dissolved and its affairs wound up voluntarily if the board of directors adopts a resolution to that effect and calls a meeting of the members entitled to vote to take action upon the resolution. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. The meeting of the members must be held with due notice. If at the meeting the members entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a certificate signed by an officer of the corporation setting forth that the dissolution has been approved in compliance with this section, together with a list of the names and [residences] addresses, either residence or business, of the [directors and officers, executed by the chairman of the board, president or vice president, and the secretary or an assistant secretary,] president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the corporation, must be filed in the Office of the Secretary of State.
κ2003 Statutes of Nevada, 20th Special Session, Page 55 (CHAPTER 4, SB 2)κ
consent by resolution to the dissolution, a certificate signed by an officer of the corporation setting forth that the dissolution has been approved in compliance with this section, together with a list of the names and [residences] addresses, either residence or business, of the [directors and officers, executed by the chairman of the board, president or vice president, and the secretary or an assistant secretary,] president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the corporation, must be filed in the Office of the Secretary of State.
2. If a corporation has no members entitled to vote upon a resolution calling for the dissolution of the corporation, the corporation may be dissolved and its affairs wound up voluntarily by the board of directors if it adopts a resolution to that effect. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. A certificate setting forth that the dissolution has been approved in compliance with this section and a list of the officers and directors, [executed] signed as provided in subsection 1, must be filed in the Office of the Secretary of State.
3. Upon the dissolution of any corporation under the provisions of this section or upon the expiration of its period of corporate existence, the directors are the trustees of the corporation in liquidation and in winding up the affairs of the corporation. The act of a majority of the directors as trustees remaining in office is the act of the directors as trustees.
Sec. 62. NRS 82.526 is hereby amended to read as follows:
82.526 The Secretary of State may microfilm or image any document which is filed in his office by a corporation pursuant to this chapter and may return the original document to the corporation.
Sec. 63. NRS 82.531 is hereby amended to read as follows:
82.531 1. The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation, certificates pursuant to NRS 82.061 and 82.063 and documents for dissolution is [$25] $50 for each document.
2. Except as otherwise provided in NRS 82.193 and subsection 1, the fees for filing documents are those set forth in NRS 78.765 to 78.785, inclusive.
Sec. 64. NRS 82.546 is hereby amended to read as follows:
82.546 1. Any corporation which did exist or is existing pursuant to the laws of this state may, upon complying with the provisions of NRS 78.150 and 82.193, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or its existing charter, by filing:
(a) A certificate with the Secretary of State, which must set forth:
(1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.
(2) The name and street address of the lawfully designated resident agent of the filing corporation, and his mailing address if different from his street address.
(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.
κ2003 Statutes of Nevada, 20th Special Session, Page 56 (CHAPTER 4, SB 2)κ
(4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.
(5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(b) A list of its president, secretary and treasurer and all of its directors and their post office box and street addresses, either residence or business.
2. A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary. The certificate must be approved by a majority of the last-appointed surviving directors.
3. A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by its president or vice president and secretary or assistant secretary. The execution and filing of the certificate must be approved unanimously by the last-appointed surviving directors of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the Secretary of State the fee required to establish a new corporation pursuant to the provisions of this chapter.
4. The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation named therein.
Sec. 65. Chapter 84 of NRS is hereby amended by adding thereto the provisions set forth as sections 66 and 67 of this act.
Sec. 66. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 67. 1. A corporation sole may correct a document filed by the Secretary of State with respect to the corporation sole if the document contains an inaccurate record of an action of the corporation sole described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the corporation sole must:
(a) Prepare a certificate of correction which:
(1) States the name of the corporation sole;
(2) Describes the document, including, without limitation, its filing date;
κ2003 Statutes of Nevada, 20th Special Session, Page 57 (CHAPTER 4, SB 2)κ
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent or other presiding officer or clergyman of a church, religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church, religious society or denomination, and in whom is vested the legal title to the property held for the purpose, use or benefit of the church or religious society or denomination.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of $25 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 68. NRS 84.090 is hereby amended to read as follows:
84.090 1. The fee for filing articles of incorporation, amendments to or restatements of articles of incorporation [, certificates of reinstatement] and documents for dissolution is [$25] $50 for each document.
2. Except as otherwise provided in this chapter, the fees set forth in NRS 78.785 apply to this chapter.
Sec. 69. NRS 84.110 is hereby amended to read as follows:
84.110 1. Every corporation sole must have a resident agent in the manner provided in NRS 78.090 and 78.095, subsections 1 to 4, inclusive, of NRS 78.097 and NRS 78.110. The resident agent shall comply with the provisions of those sections.
2. A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 84.130 and 84.140.
3. [No] A corporation sole [may be required to file an annual list of officers, directors and designation of resident agent.] is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:
(a) The fee for filing a list is $25;
(b) The penalty added for default is $50; and
(c) The fee for reinstatement is $100.
Sec. 70. NRS 84.120 is hereby amended to read as follows:
84.120 1. A resident agent who wishes to resign shall [file] :
(a) File with the Secretary of State a signed statement [for each corporation sole] in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the corporation for the service of process [.] ; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected corporation sole appointing a successor resident agent for that corporation. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
κ2003 Statutes of Nevada, 20th Special Session, Page 58 (CHAPTER 4, SB 2)κ
mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State, the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the corporation sole appointing a successor resident agent, the resigning resident agent shall immediately give written notice, by mail, to the corporation of the filing of the statement and its effect. The notice must be addressed to the person in whom is vested the legal title to property specified in NRS 84.020.
4. If a resident agent dies, resigns or removes from the State, the corporation sole, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the full name and complete street address of the new resident agent for the service of process, and may have a separate mailing address, such as a post office box, which may be different from the street address.
5. A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 84.130 and 84.140.
Sec. 71. NRS 84.140 is hereby amended to read as follows:
84.140 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each corporation sole deemed in default pursuant to the provisions of this chapter. The notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. On the first day of the [ninth] first anniversary of the month following the month in which the filing was required, the charter of the corporation sole is revoked and its right to transact business is forfeited.
3. The Secretary of State shall compile a complete list containing the names of all corporations sole whose right to [do] transact business has been forfeited.
4. The Secretary of State shall forthwith notify, by [letter addressed] providing written notice to its resident agent, each [such] corporation specified in subsection 3 of the forfeiture of its charter. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 72. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 73 to 82, inclusive, of this act.
Sec. 73. 1. At the time of submitting any list required pursuant to NRS 86.263, a limited-liability company that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
κ2003 Statutes of Nevada, 20th Special Session, Page 59 (CHAPTER 4, SB 2)κ
2. A limited-liability company must submit a statement pursuant to this section if the limited-liability company, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the limited-liability company within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited-liability company, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2) Which resulted in the limited-liability company being fined or otherwise penalized or which resulted in the limited-liability company being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A limited-liability company that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited-liability company and whether the limited-liability company was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 74. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
κ2003 Statutes of Nevada, 20th Special Session, Page 60 (CHAPTER 4, SB 2)κ
Sec. 75. 1. Each foreign limited-liability company doing business in this state shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited-liability company with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list on a form furnished by him that contains:
(a) The name of the foreign limited-liability company;
(b) The file number of the foreign limited-liability company, if known;
(c) The names and titles of all its managers or, if there is no manager, all its managing members;
(d) The address, either residence or business, of each manager or managing member listed pursuant to paragraph (c);
(e) The name and address of its lawfully designated resident agent in this state; and
(f) The signature of a manager or managing member of the foreign limited-liability company certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign limited-liability company:
(a) Has complied with the provisions of chapter 364A of NRS; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State.
3. Upon filing:
(a) The initial list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $125.
(b) Each annual list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of $125.
4. If a manager or managing member of a foreign limited-liability company resigns and the resignation is not made in conjunction with the filing of an annual or amended list of managers and managing members, the foreign limited-liability company shall pay to the Secretary of State a fee of $75 to file the resignation of the manager or managing member.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by this section, cause to be mailed to each foreign limited-liability company which is required to comply with the provisions of sections 75 to 82, inclusive, of this act, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign limited-liability company to receive the forms does not excuse it from the penalty imposed by the provisions of sections 75 to 82, inclusive, of this act.
6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a foreign limited-liability company not in default which is received by the Secretary of State more than 90 days before its due date must be deemed an amended list for the previous year and does not satisfy the requirements of this section for the year to which the due date is applicable.
κ2003 Statutes of Nevada, 20th Special Session, Page 61 (CHAPTER 4, SB 2)κ
Sec. 76. 1. At the time of submitting any list required pursuant to section 75 of this act, a foreign limited-liability company that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2. A foreign limited-liability company must submit a statement pursuant to this section if the foreign limited-liability company, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the foreign limited-liability company within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited-liability company, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2) Which resulted in the foreign limited-liability company being fined or otherwise penalized or which resulted in the foreign limited-liability company being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A foreign limited-liability company that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited-liability company and whether the foreign limited-liability company was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 77. If a foreign limited-liability company has filed the initial or annual list in compliance with section 75 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.
κ2003 Statutes of Nevada, 20th Special Session, Page 62 (CHAPTER 4, SB 2)κ
Sec. 78. 1. Each list required to be filed under the provisions of sections 75 to 82, inclusive, of this act must, after the name of each manager or, if there is no manager, each of its managing members listed thereon, set forth the address, either residence or business, of each manager or managing member.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign limited-liability company for which the list has been offered for filing is subject to all the provisions of sections 75 to 82, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 79. 1. Each foreign limited-liability company which is required to make a filing and pay the fee prescribed in sections 75 to 82, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $75, and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign limited-liability company occurs, the defaulting foreign limited-liability company by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
Sec. 80. 1. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited-liability company deemed in default pursuant to section 79 of this act. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the last day of the month in which the anniversary date of its organization occurs, the Secretary of State shall compile a complete list containing the names of all foreign limited-liability companies whose right to transact business has been forfeited.
3. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited-liability company specified in subsection 2 of the forfeiture of its right to transact business. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 81. 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign limited-liability company which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited-liability company its right to transact business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by section 75 of this act;
(2) The statement required by section 76 of this act, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
κ2003 Statutes of Nevada, 20th Special Session, Page 63 (CHAPTER 4, SB 2)κ
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in sections 75 and 79 of this act for each year or portion thereof that its right to transact business was forfeited;
(2) The fee set forth in section 76 of this act, if applicable; and
(3) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the foreign limited-liability company, he shall issue to the foreign limited-liability company a certificate of reinstatement if the foreign limited-liability company:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 86.561.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign limited-liability company to transact business in this state has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right must not be reinstated.
Sec. 82. 1. Except as otherwise provided in subsection 2, if a foreign limited-liability company applies to reinstate its registration but its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign limited-liability company must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign limited-liability company under that new name.
2. If the applying foreign limited-liability company submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying foreign limited-liability company or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 83. NRS 86.161 is hereby amended to read as follows:
86.161 1. The articles of organization must set forth:
(a) The name of the limited-liability company;
(b) The name and complete street address of its resident agent, and the mailing address of the resident agent if different from the street address;
(c) The name and [post office or street] address, either residence or business, of each of the organizers executing the articles; and
(d) If the company is to be managed by:
(1) One or more managers, the name and [post office or street] address, either residence or business, of each manager; or
κ2003 Statutes of Nevada, 20th Special Session, Page 64 (CHAPTER 4, SB 2)κ
(2) The members, the name and [post office or street] address, either residence or business, of each member.
2. The articles may set forth any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.
3. It is not necessary to set out in the articles of organization:
(a) The rights, if any, of the members to contract debts on behalf of the limited-liability company; or
(b) Any of the powers enumerated in this chapter.
Sec. 84. NRS 86.171 is hereby amended to read as follows:
86.171 1. The name of a limited-liability company formed under the provisions of this chapter must contain the words Limited-Liability Company, Limited Company, or Limited or the abbreviations Ltd., L.L.C., L.C., LLC or LC. The word Company may be abbreviated as Co.
2. The name proposed for a limited-liability company must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If a proposed name is not so distinguishable, the Secretary of State shall return the articles of organization to the organizer, unless the written, acknowledged consent of the holder of the name on file or reserved name to use the same name or the requested similar name accompanies the articles of organization.
3. For the purposes of this section and NRS 86.176, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination [of these.] thereof.
4. The name of a limited-liability company whose charter has been revoked, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
5. The Secretary of State shall not accept for filing any articles of organization for any limited-liability company if the name of the limited-liability company contains the [words] word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the limited-liability company:
(a) Is registered pursuant to the provisions of chapter 628 of NRS; or
(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited-liability company is not engaged in the practice of accounting and is not offering to practice accounting in this state.
6. The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this state which provides that the name of the limited-liability company contains the word bank or trust unless:
(a) It appears from the articles of organization or the certificate of amendment that the limited-liability company proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and
κ2003 Statutes of Nevada, 20th Special Session, Page 65 (CHAPTER 4, SB 2)κ
business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and
(b) The articles of organization or certificate of amendment is first approved by the Commissioner of Financial Institutions.
7. The Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the provisions of this chapter if it appears from the articles or the certificate of amendment that the business to be carried on by the limited-liability company is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions unless the articles or certificate of amendment is approved by the Commissioner who will supervise the business of the foreign limited-liability company.
8. Except as otherwise provided in subsection 7, the Secretary of State shall not accept for filing any articles of organization or certificate of amendment of articles of organization of any limited-liability company formed or existing pursuant to the laws of this state which provides that the name of the limited-liability company contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:
(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited-liability company are licensed to practice engineering pursuant to the laws of this state; or
(b) The State Board of Professional Engineers and Land Surveyors certifies that the limited-liability company is exempt from the prohibitions of NRS 625.520.
9. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 85. NRS 86.221 is hereby amended to read as follows:
86.221 1. The articles of organization of a limited-liability company may be amended for any purpose, not inconsistent with law, as determined by all of the members or permitted by the articles or an operating agreement.
2. An amendment must be made in the form of a certificate setting forth:
(a) The name of the limited-liability company;
(b) Whether the limited-liability company is managed by [one or more] managers or members; and
(c) The amendment to the articles of organization.
3. The certificate of amendment must be signed by a manager of the company or, if management is not vested in a manager, by a member.
4. Restated articles of organization may be executed and filed in the same manner as a certificate of amendment. If the certificate alters or amends the articles in any manner, it must be accompanied by:
(a) A resolution; or
(b) A form prescribed by the Secretary of State,
setting forth which provisions of the articles of organization on file with the Secretary of State are being altered or amended.
Sec. 86. NRS 86.226 is hereby amended to read as follows:
86.226 1. A signed certificate of amendment, or a certified copy of a judicial decree of amendment, must be filed with the Secretary of State. A person who executes a certificate as an agent, officer or fiduciary of the limited-liability company need not exhibit evidence of his authority as a prerequisite to filing.
κ2003 Statutes of Nevada, 20th Special Session, Page 66 (CHAPTER 4, SB 2)κ
prerequisite to filing. Unless the Secretary of State finds that a certificate does not conform to law, upon his receipt of all required filing fees he shall file the certificate.
2. A certificate of amendment or judicial decree of amendment is effective upon filing with the Secretary of State or upon a later date specified in the certificate or judicial decree, which must not be more than 90 days after the certificate or judicial decree is filed.
3. If a certificate specifies an effective date and if the resolution of the members approving the proposed amendment provides that one or more managers or, if management is not vested in a manager, one or more members may abandon the proposed amendment, then those managers or members may terminate the effectiveness of the certificate by filing a certificate of termination with the Secretary of State that:
(a) Is filed before the effective date specified in the certificate or judicial decree filed pursuant to subsection 1;
(b) Identifies the certificate being terminated;
(c) States that, pursuant to the resolution of the members, the manager of the company or, if management is not vested in a manager, a designated member is authorized to terminate the effectiveness of the certificate;
(d) States that the effectiveness of the certificate has been terminated;
(e) Is signed by a manager of the company or, if management is not vested in a manager, a designated member; and
(f) Is accompanied by a filing fee of [$150.] $175.
Sec. 87. NRS 86.235 is hereby amended to read as follows:
86.235 1. If a limited-liability company formed pursuant to this chapter desires to change its resident agent, the change may be effected by filing with the Secretary of State a certificate of change of resident agent signed by a manager of the company or, if management is not vested in a manager, by a member, that sets forth:
(a) The name of the limited-liability company;
(b) The name and street address of its present resident agent; and
(c) The name and street address of the new resident agent.
2. The new resident agents certificate of acceptance must be a part of or attached to the certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.
Sec. 88. NRS 86.251 is hereby amended to read as follows:
86.251 1. A resident agent who desires to resign shall [file] :
κ2003 Statutes of Nevada, 20th Special Session, Page 67 (CHAPTER 4, SB 2)κ
(a) File with the Secretary of State a signed statement [for each limited-liability company] in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the limited-liability company for the service of process [.] ; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected limited-liability company appointing a successor resident agent for that limited-liability company, giving the agents full name, street address for the service of process, and mailing address if different from the street address. A certificate of acceptance executed by the new resident agent must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the limited-liability company appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the limited-liability company of the filing of the statement and its effect. The notice must be addressed to any manager or, if none, to any member, of the limited-liability company other than the resident agent.
4. If a resident agent dies, resigns or moves from the State, the limited-liability company, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by the new resident agent. The certificate must set forth the name, complete street address and mailing address, if different from the street address, of the new resident agent.
5. Each limited-liability company which fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its resident agent as provided in subsection 4, shall be deemed in default and is subject to the provisions of NRS 86.272 and 86.274.
Sec. 89. NRS 86.263 is hereby amended to read as follows:
86.263 1. A limited-liability company shall, on or before the [first] last day of the [second] first month after the filing of its articles of organization with the Secretary of State, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the limited-liability company;
(b) The file number of the limited-liability company, if known;
(c) The names and titles of all of its managers or, if there is no manager, all of its managing members;
(d) The [mailing or street] address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member;
(e) The name and [street] address of the lawfully designated resident agent of the limited-liability company; and
(f) The signature of a manager or managing member of the limited-liability company certifying that the list is true, complete and accurate.
2. The limited-liability company shall annually thereafter, on or before the last day of the month in which the anniversary date of its organization occurs, file with the Secretary of State, on a form furnished by him, an amended list containing all of the information required in subsection 1. [If the limited-liability company has had no changes in its managers or, if there is no manager, its managing members, since its previous list was filed, no amended list need be filed if a manager or managing member of the limited-liability company certifies to the Secretary of State as a true and accurate statement that no changes in the managers or managing members have occurred.]
κ2003 Statutes of Nevada, 20th Special Session, Page 68 (CHAPTER 4, SB 2)κ
the limited-liability company has had no changes in its managers or, if there is no manager, its managing members, since its previous list was filed, no amended list need be filed if a manager or managing member of the limited-liability company certifies to the Secretary of State as a true and accurate statement that no changes in the managers or managing members have occurred.]
3. Each list required by [subsection 1 and each list or certification required by subsection] subsections 1 and 2 must be accompanied by a declaration under penalty of perjury that the limited-liability company [has] :
(a) Has complied with the provisions of chapter 364A of NRS [.] ; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
4. Upon filing:
(a) The initial list required by subsection 1, the limited-liability company shall pay to the Secretary of State a fee of [$165.] $125.
(b) Each annual list required by subsection 2 , [or certifying that no changes have occurred,] the limited-liability company shall pay to the Secretary of State a fee of [$85.] $125.
5. If a manager or managing member of a limited-liability company resigns and the resignation is not made in conjunction with the filing of an annual or amended list of managers and managing members, the limited-liability company shall pay to the Secretary of State a fee of $75 to file the resignation of the manager or managing member.
6. The Secretary of State shall, 60 days before the last day for filing each list required by subsection 2, cause to be mailed to each limited-liability company which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due under subsection 4 and a reminder to file a list required by subsection 2 . [or a certification of no change.] Failure of any company to receive a notice or form does not excuse it from the penalty imposed by law.
[6.] 7. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.
[7.] 8. An annual list for a limited-liability company not in default received by the Secretary of State more than [60] 90 days before its due date shall be deemed an amended list for the previous year.
Sec. 90. NRS 86.266 is hereby amended to read as follows:
86.266 If a limited-liability company has filed the initial or annual list in compliance with NRS 86.263 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year. [If the company desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.]
Sec. 91. NRS 86.269 is hereby amended to read as follows:
86.269 1. [Every] Each list required to be filed under the provisions of NRS 86.263 must, after the name of each manager and member listed thereon, set forth the [post office box or street] address, either residence or business, of each manager or member.
κ2003 Statutes of Nevada, 20th Special Session, Page 69 (CHAPTER 4, SB 2)κ
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the limited-liability company for which the list has been offered for filing is subject to the provisions of NRS 86.272 and 86.274 relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 92. NRS 86.272 is hereby amended to read as follows:
86.272 1. Each limited-liability company which is required to make a filing and pay the fee prescribed in NRS 86.263 and section 73 of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of [$50.] $75. The fee and penalty must be collected as provided in this chapter.
Sec. 93. NRS 86.274 is hereby amended to read as follows:
86.274 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each limited-liability company deemed in default pursuant to the provisions of this chapter. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. On the first day of the first anniversary of the month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.
3. The Secretary of State shall compile a complete list containing the names of all limited-liability companies whose right to [do] transact business has been forfeited.
4. The Secretary of State shall forthwith notify [each limited-liability company by letter addressed] , by providing written notice to its resident agent , each limited-liability company specified in subsection 3 of the forfeiture of its charter. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
[4.] (b) At the request of the resident agent, may be provided electronically.
5. If the charter of a limited-liability company is revoked and the right to transact business is forfeited, all of the property and assets of the defaulting company must be held in trust by the managers or, if none, by the members of the company, and the same proceedings may be had with respect to its property and assets as apply to the dissolution of a limited-liability company pursuant to NRS 86.505 and 86.521. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the Secretary of State reinstates the charter , the proceedings must be dismissed and all property restored to the company.
[5.] 6. If the assets are distributed , they must be applied in the following manner:
(a) To the payment of the filing fee, penalties incurred and costs due to the State; and
(b) To the payment of the creditors of the company.
Any balance remaining must be distributed among the members as provided in subsection 1 of NRS 86.521.
κ2003 Statutes of Nevada, 20th Special Session, Page 70 (CHAPTER 4, SB 2)κ
Sec. 94. NRS 86.276 is hereby amended to read as follows:
86.276 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any limited-liability company which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State [the] :
(1) The list required by NRS 86.263;
(2) The statement required by section 73 of this act, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list; [and]
(2) The fee set forth in section 73 of this act, if applicable; and
(3) A fee of [$200] $300 for reinstatement.
2. When the Secretary of State reinstates the limited-liability company, he shall [:
(a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand,] issue to the company [one or more certified copies of the] a certificate of reinstatement [.] if the limited-liability company:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 86.561.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.
4. If a companys charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
Sec. 95. NRS 86.278 is hereby amended to read as follows:
86.278 1. Except as otherwise provided in subsection 2, if a limited-liability company applies to reinstate its charter but its name has been legally acquired or reserved by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the company shall submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [issue to the applying] reinstate the limited-liability company [a certificate of reinstatement] under that new name.
2. If the applying limited-liability company submits the written, acknowledged consent of the artificial person having the name, or the person reserving the name, which is not distinguishable from the old name of the applying company or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name or any combination of these.
κ2003 Statutes of Nevada, 20th Special Session, Page 71 (CHAPTER 4, SB 2)κ
the other contains distinctive lettering, a distinctive mark, a trademark or a trade name or any combination of these.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 96. NRS 86.401 is hereby amended to read as follows:
86.401 1. On application to a court of competent jurisdiction by a judgment creditor of a member, the court may charge the members interest with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the members interest.
2. [The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the limited-liability company. The receiver has only the rights of an assignee. The court may make all other orders, directions, accounts and inquiries that the judgment debtor might have made or which the circumstances of the case may require.
3. A charging order constitutes a lien on the members interest of the judgment debtor. The court may order a foreclosure of the members interest subject to the charging order at any time. The purchaser at the foreclosure sale has only the rights of an assignee.
4. Unless otherwise provided in the articles of organization or operating agreement, at any time before foreclosure, a members interest charged may be redeemed:
(a) By the judgment debtor;
(b) With property other than property of the limited-liability company, by one or more of the other members; or
(c) By the limited-liability company with the consent of all of the members whose interests are not so charged.
5.] This section [provides] :
(a) Provides the exclusive remedy by which a judgment creditor of a member or an assignee of a member may satisfy a judgment out of the members interest of the judgment debtor.
[6. No creditor of a member has any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited-liability company.
7. This section does]
(b) Does not deprive any member of the benefit of any exemption applicable to his interest.
Sec. 97. NRS 86.547 is hereby amended to read as follows:
86.547 1. A foreign limited-liability company may cancel its registration by filing with the Secretary of State a certificate of cancellation signed by a manager of the company or, if management is not vested in a manager, a member of the company. The certificate, which must be accompanied by the required fees, must set forth:
(a) The name of the foreign limited-liability company;
(b) [The date upon which its certificate of registration was filed;
(c)] The effective date of the cancellation if other than the date of the filing of the certificate of cancellation; and
[(d)] (c) Any other information deemed necessary by the manager of the company or, if management is not vested in a manager, a member of the company.
κ2003 Statutes of Nevada, 20th Special Session, Page 72 (CHAPTER 4, SB 2)κ
2. A cancellation pursuant to this section does not terminate the authority of the Secretary of State to accept service of process on the foreign limited-liability company with respect to causes of action arising from the transaction of business in this state by the foreign limited-liability company.
Sec. 98. NRS 86.561 is hereby amended to read as follows:
86.561 1. The Secretary of State shall charge and collect for:
(a) Filing the original articles of organization, or for registration of a foreign company, [$175;] $75;
(b) Amending or restating the articles of organization, amending the registration of a foreign company or filing a certificate of correction, [$150;] $175;
(c) Filing the articles of dissolution of a domestic or foreign company, [$60;] $75;
(d) Filing a statement of change of address of a records or registered office, or change of the resident agent, [$30;] $60;
(e) Certifying articles of organization or an amendment to the articles, in both cases where a copy is provided, [$20;] $30;
(f) Certifying an authorized printed copy of this chapter, [$20;] $30;
(g) Reserving a name for a limited-liability company, [$20;] $25;
(h) Filing a certificate of cancellation, [$60;] $75;
(i) Executing, filing or certifying any other document, [$40;] $50; and
(j) Copies made at the Office of the Secretary of State, [$1] $2 per page.
2. The Secretary of State shall charge and collect , at the time of any service of process on him as agent for service of process of a limited-liability company, [$10] $100 which may be recovered as taxable costs by the party to the action causing the service to be made if the party prevails in the action.
3. Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.
Sec. 99. NRS 86.568 is hereby amended to read as follows:
86.568 1. A limited-liability company may correct a document filed by the Secretary of State with respect to the limited-liability company if the document contains an inaccurate record of a company action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the limited-liability company must:
(a) Prepare a certificate of correction that:
(1) States the name of the limited-liability company;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by a manager of the company [,] or , if management is not vested in a manager, by a member of the company.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of [$150] $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
κ2003 Statutes of Nevada, 20th Special Session, Page 73 (CHAPTER 4, SB 2)κ
Sec. 100. NRS 86.580 is hereby amended to read as follows:
86.580 1. A limited-liability company which did exist or is existing pursuant to the laws of this state may, upon complying with the provisions of NRS 86.276, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing:
(a) A certificate with the Secretary of State, which must set forth:
(1) The name of the limited-liability company, which must be the name of the limited-liability company at the time of the renewal or revival, or its name at the time its original charter expired.
(2) The name of the person lawfully designated as the resident agent of the limited-liability company, his street address for the service of process, and his mailing address if different from his street address.
(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.
(4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.
(5) That the limited-liability company desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(b) A list of its managers, or if there are no managers, all its managing members and their post office box or street addresses, either residence or business.
2. A limited-liability company whose charter has not expired and is being renewed shall cause the certificate to be signed by its manager, or if there is no manager, by a person designated by its members. The certificate must be approved by a majority in interest.
3. A limited-liability company seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the members. The execution and filing of the certificate must be approved by the written consent of a majority in interest and must contain a recital that this consent was secured. The limited-liability company shall pay to the Secretary of State the fee required to establish a new limited-liability company pursuant to the provisions of this chapter.
4. The filed certificate, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence of the limited-liability company therein named.
Sec. 101. Chapter 87 of NRS is hereby amended by adding thereto the provisions set forth as sections 102 to 109, inclusive, of this act.
Sec. 102. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
κ2003 Statutes of Nevada, 20th Special Session, Page 74 (CHAPTER 4, SB 2)κ
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 103. 1. Each foreign registered limited-liability partnership doing business in this state shall, on or before the last day of the first month after the filing of its application for registration as a foreign registered limited-liability partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The name of the foreign registered limited-liability partnership;
(b) The file number of the foreign registered limited-liability partnership, if known;
(c) The names of all its managing partners;
(d) The address, either residence or business, of each managing partner;
(e) The name and address of the lawfully designated resident agent of the foreign registered limited-liability partnership; and
(f) The signature of a managing partner of the foreign registered limited-liability partnership certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign registered limited-liability partnership:
(a) Has complied with the provisions of chapter 364A of NRS; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
3. Upon filing:
(a) The initial list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $125.
(b) Each annual list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $125.
4. If a managing partner of a foreign registered limited-liability partnership resigns and the resignation is not made in conjunction with the filing of an annual or amended list of managing partners, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of $75 to file the resignation of the managing partner.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each foreign registered limited-liability partnership which is required to comply with the provisions of sections 103 to 109, inclusive, of this act, and which has not become delinquent, the blank forms to be completed and filed with him.
κ2003 Statutes of Nevada, 20th Special Session, Page 75 (CHAPTER 4, SB 2)κ
has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign registered limited-liability partnership to receive the forms does not excuse it from the penalty imposed by the provisions of sections 103 to 109, inclusive, of this act.
6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a foreign registered limited-liability partnership not in default which is received by the Secretary of State more than 90 days before its due date must be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 104. If a foreign registered limited-liability partnership has filed the initial or annual list in compliance with section 103 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign registered limited-liability partnership constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.
Sec. 105. 1. Each list required to be filed under the provisions of sections 103 to 109, inclusive, of this act must, after the name of each managing partner listed thereon, set forth the address, either residence or business, of each managing partner.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign registered limited-liability partnership for which the list has been offered for filing is subject to all the provisions of sections 103 to 109, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 106. 1. Each foreign registered limited-liability partnership which is required to make a filing and pay the fee prescribed in sections 103 to 109, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $75, and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign registered limited-liability partnership occurs, the defaulting foreign registered limited-liability partnership by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
Sec. 107. 1. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign registered limited-liability partnership deemed in default pursuant to section 106 of this act. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the last day of the month in which the anniversary date of its registration occurs, the Secretary of State shall compile a complete list containing the names of all foreign registered limited-liability partnerships whose right to transact business has been forfeited.
κ2003 Statutes of Nevada, 20th Special Session, Page 76 (CHAPTER 4, SB 2)κ
limited-liability partnerships whose right to transact business has been forfeited.
3. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign registered limited-liability partnership specified in subsection 2 of the forfeiture of its right to transact business. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 108. 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign registered limited-liability partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign registered limited-liability partnership its right to transact business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by section 103 of this act; and
(2) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in sections 103 and 106 of this act for each year or portion thereof that its right to transact business was forfeited; and
(2) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the foreign registered limited-liability partnership, he shall issue to the foreign registered limited-liability partnership a certificate of reinstatement if the foreign registered limited-liability partnership:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 87.550.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign registered limited-liability partnership to transact business in this state has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.
Sec. 109. 1. Except as otherwise provided in subsection 2, if a foreign registered limited-liability partnership applies to reinstate its certificate of registration and its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign registered limited-liability partnership must submit in writing in its application for reinstatement to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign registered limited-liability partnership under that new name.
κ2003 Statutes of Nevada, 20th Special Session, Page 77 (CHAPTER 4, SB 2)κ
2. If the applying foreign registered limited-liability partnership submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying foreign registered limited-liability partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 110. NRS 87.450 is hereby amended to read as follows:
87.450 1. The name proposed for a registered limited-liability partnership must contain the words Limited-Liability Partnership or Registered Limited-Liability Partnership or the abbreviation L.L.P. or LLP as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability partnership on a certificate of registration of limited-liability partnership submitted to the Secretary of State is not distinguishable from a name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it unless the written, acknowledged consent of the holder of the name on file or reserved name to use the name accompanies the certificate.
2. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of [these.] thereof.
3. The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this state which provides that the name of the registered limited-liability partnership contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the registered limited-liability partnership:
(a) Is registered pursuant to the provisions of chapter 628 of NRS; or
(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the registered limited-liability partnership is not engaged in the practice of accounting and is not offering to practice accounting in this state.
4. The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this state which provides that the name of the registered limited-liability partnership contains the word bank or trust unless:
(a) It appears from the certificate of registration or the certificate of amendment that the registered limited-liability partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and
κ2003 Statutes of Nevada, 20th Special Session, Page 78 (CHAPTER 4, SB 2)κ
connection with its business as a bank, savings and loan association or thrift company; and
(b) The certificate of registration or certificate of amendment is first approved by the Commissioner of Financial Institutions.
5. The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of registration or the certificate of amendment that the business to be carried on by the registered limited-liability partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of registration or certificate of amendment is approved by the Commissioner who will supervise the business of the registered limited-liability partnership.
6. Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this state which provides that the name of the registered limited-liability partnership contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:
(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the registered limited-liability partnership are licensed to practice engineering pursuant to the laws of this state; or
(b) The State Board of Professional Engineers and Land Surveyors certifies that the registered limited-liability partnership is exempt from the prohibitions of NRS 625.520.
7. The Secretary of State shall not accept for filing any certificate of registration or certificate of amendment of a certificate of registration of any registered limited-liability partnership formed or existing pursuant to the laws of this state which provides that the name of the registered limited-liability partnership contains the words unit-owners association or homeowners association or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability partnership is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability partnership has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.
8. The name of a registered limited-liability partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
[4.] 9. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 111. NRS 87.455 is hereby amended to read as follows:
87.455 1. Except as otherwise provided in subsection 2, if a registered limited-liability partnership applies to reinstate its right to transact business but its name has been legally acquired by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the applying registered limited-liability partnership shall submit in writing to the Secretary of State some other name under which it desires its right to transact business to be reinstated.
κ2003 Statutes of Nevada, 20th Special Session, Page 79 (CHAPTER 4, SB 2)κ
but its name has been legally acquired by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the applying registered limited-liability partnership shall submit in writing to the Secretary of State some other name under which it desires its right to transact business to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [issue to the applying] reinstate the registered limited-liability partnership [a certificate of reinstatement] under that new name.
2. If the applying registered limited-liability partnership submits the written, acknowledged consent of the artificial person having the name, or the person who has reserved the name, that is not distinguishable from the old name of the applying registered limited-liability partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 112. NRS 87.460 is hereby amended to read as follows:
87.460 1. A certificate of registration of a registered limited-liability partnership may be amended by filing with the Secretary of State a certificate of amendment. The certificate of amendment must set forth:
(a) The name of the registered limited-liability partnership; and
(b) [The dates on which the registered limited-liability partnership filed its original certificate of registration and any other certificates of amendment; and
(c)] The change to the information contained in the original certificate of registration or any other certificates of amendment.
2. The certificate of amendment must be:
(a) Signed by a managing partner of the registered limited-liability partnership; and
(b) Accompanied by a fee of [$150.] $175.
Sec. 113. NRS 87.470 is hereby amended to read as follows:
87.470 The registration of a registered limited-liability partnership is effective until:
1. Its certificate of registration is revoked pursuant to NRS 87.520; or
2. The registered limited-liability partnership files with the Secretary of State a written notice of withdrawal executed by a managing partner. The notice must be accompanied by a fee of [$60.] $75.
Sec. 114. NRS 87.490 is hereby amended to read as follows:
87.490 1. If a registered limited-liability partnership wishes to change the location of its principal office in this state or its resident agent, it shall first file with the Secretary of State a certificate of change of principal office or resident agent that sets forth:
(a) The name of the registered limited-liability partnership;
(b) The street address of its principal office;
(c) If the location of its principal office will be changed, the street address of its new principal office;
(d) The name of its resident agent; and
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(e) If its resident agent will be changed, the name of its new resident agent.
[The]
2. A certificate of acceptance [of its] signed by the new resident agent must accompany the certificate of change [.
2.] of resident agent.
3. A certificate of change of principal office or resident agent filed pursuant to this section must be:
(a) Signed by a managing partner of the registered limited-liability partnership; and
(b) Accompanied by a fee of [$30.] $60.
4. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
5. A change authorized by this section becomes effective upon the filing of the proper certificate of change.
Sec. 115. NRS 87.500 is hereby amended to read as follows:
87.500 1. A resident agent [of a registered limited-liability partnership] who wishes to resign shall [file] :
(a) File with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the registered limited-liability partnership for the service of process [.] ; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement by the affected registered limited-liability partnership appointing a successor resident agent. A certificate of acceptance signed by the new agent, stating the full name, complete street address and, if different from the street address, the mailing address of the new agent, must accompany the statement appointing the new resident agent.
3. Upon the filing of the statement with the Secretary of State, the capacity of the person as resident agent terminates. If the statement of resignation contains no statement by the registered limited-liability partnership appointing a successor resident agent, the resigning agent shall immediately give written notice, by certified mail, to the registered limited-liability partnership of the filing of the statement and its effect. The notice must be addressed to a managing partner in this state.
4. If a resident agent dies, resigns or removes himself from the State, the registered limited-liability partnership shall, within 30 days thereafter, file with the Secretary of State a certificate of acceptance, executed by the new resident agent.
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new resident agent. The certificate must set forth the full name, complete street address and, if different from the street address, the mailing address of the newly designated resident agent.
5. If a registered limited-liability partnership fails to file a certificate of acceptance within the period required by [this subsection,] subsection 4, it is in default and is subject to the provisions of NRS 87.520.
Sec. 116. NRS 87.510 is hereby amended to read as follows:
87.510 1. A registered limited-liability partnership shall, on or before the [first] last day of the [second] first month after the filing of its certificate of registration with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the registered limited-liability partnership;
(b) The file number of the registered limited-liability partnership, if known;
(c) The names of all of its managing partners;
(d) The [mailing or street] address, either residence or business, of each managing partner;
(e) The name and [street] address of the lawfully designated resident agent of the registered limited-liability partnership; and
(f) The signature of a managing partner of the registered limited-liability partnership certifying that the list is true, complete and accurate.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of chapter 364A of NRS [.] and which acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
2. Upon filing:
(a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of [$165.] $125.
(b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of [$85.] $125.
3. If a managing partner of a registered limited-liability partnership resigns and the resignation is not made in conjunction with the filing of an annual or amended list of managing partners, the registered limited-liability partnership shall pay to the Secretary of State a fee of $75 to file the resignation of the managing partner.
4. The Secretary of State shall, at least 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership a notice of the fee due pursuant to subsection 2 and a reminder to file the annual list required by subsection 1. The failure of any registered limited-liability partnership to receive a notice or form does not excuse it from complying with the provisions of this section.
[4.] 5. If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 2 is not paid, the Secretary of State may return the list for correction or payment.
[5.] 6. An annual list that is filed by a registered limited-liability partnership which is not in default more than [60] 90 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
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the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 117. NRS 87.520 is hereby amended to read as follows:
87.520 1. A registered limited-liability partnership that fails to comply with the provisions of NRS 87.510 is in default.
2. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a registered limited-liability partnership which is a unit-owners association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the registered limited-liability partnership to be in default. If, after the registered limited-liability partnership is deemed to be in default, the Administrator notifies the Secretary of State that the registered limited-liability partnership has registered pursuant to NRS 116.31158 and paid the fees pursuant to NRS 116.31155, the Secretary of State shall reinstate the registered limited-liability partnership if the registered limited-liability partnership complies with the requirements for reinstatement as provided in this section and NRS 87.530.
3. Any registered limited-liability partnership that is in default pursuant to [subsection 1] this section must, in addition to the fee required to be paid pursuant to NRS 87.510, pay a penalty of [$50.
3. On or before the 15th day of the third month after the month in which the fee required to be paid pursuant to NRS 87.510 is due, the] $75.
4. The Secretary of State shall [notify, by certified mail,] provide written notice to the resident agent of any registered limited-liability partnership that is in default. The written notice [must] :
(a) Must include the amount of any payment that is due from the registered limited-liability partnership.
[4.] (b) At the request of the resident agent, may be provided electronically.
5. If a registered limited-liability partnership fails to pay the amount that is due, the certificate of registration of the registered limited-liability partnership shall be deemed revoked [on the first day of the ninth month after the month in which the fee required to be paid pursuant to NRS 87.510 was due. The] immediately after the last day of the month in which the anniversary date of the filing of the certificate of registration occurs, and the Secretary of State shall notify [a] the registered limited-liability partnership, by [certified mail, addressed] providing written notice to its resident agent or, if the registered limited-liability partnership does not have a resident agent, to a managing partner, that its certificate of registration is revoked . [and] The written notice:
(a) Must include the amount of any fees and penalties incurred that are due.
(b) At the request of the resident agent or managing partner, may be provided electronically.
Sec. 118. NRS 87.530 is hereby amended to read as follows:
87.530 1. Except as otherwise provided in subsection 3, the Secretary of State shall reinstate the certificate of registration of a registered limited-liability partnership that is revoked pursuant to NRS 87.520 if the registered limited-liability partnership:
(a) Files with the Secretary of State [the] :
(1) The information required by NRS 87.510; and
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(2) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The fee required to be paid [by that section;] pursuant to NRS 87.510;
(2) Any penalty required to be paid pursuant to NRS 87.520; and
(3) A reinstatement fee of [$200.
2. Upon reinstatement of a certificate of registration pursuant to this section,] $300.
2. When the Secretary of State reinstates the registered limited-liability partnership, he shall [:
(a) Deliver to the registered limited-liability partnership a certificate of reinstatement authorizing it to transact business retroactively from the date the fee required by NRS 87.510 was due; and
(b) Upon request,] issue to the registered limited-liability partnership [one or more certified copies of the] a certificate of reinstatement [.] if the registered limited-liability partnership:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 87.550.
3. The Secretary of State shall not reinstate the certificate of registration of a registered limited-liability partnership if the certificate was revoked pursuant to [NRS 87.520] the provisions of this chapter at least 5 years before the date of the proposed reinstatement.
Sec. 119. NRS 87.547 is hereby amended to read as follows:
87.547 1. A registered limited-liability partnership may correct a document filed by the Secretary of State with respect to the registered limited-liability partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the registered limited-liability partnership must:
(a) Prepare a certificate of correction that:
(1) States the name of the registered limited-liability partnership;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by a managing partner of the registered limited-liability partnership.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of [$150] $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 120. NRS 87.550 is hereby amended to read as follows:
87.550 In addition to any other fees required by NRS 87.440 to 87.540, inclusive, and 87.560, the Secretary of State shall charge and collect the following fees for services rendered pursuant to those sections:
1. For certifying documents required by NRS 87.440 to 87.540, inclusive, and 87.560, [$20] $30 per certification.
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2. For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has not filed a certificate of amendment, [$40.] $50.
3. For executing a certificate verifying the existence of a registered limited-liability partnership, if the registered limited-liability partnership has filed a certificate of amendment, [$40.] $50.
4. For executing, certifying or filing any certificate or document not required by NRS 87.440 to 87.540, inclusive, and 87.560, [$40.] $50.
5. For any copies made by the Office of the Secretary of State, [$1] $2 per page.
6. For examining and provisionally approving any document before the document is presented for filing, [$100.] $125.
Sec. 121. Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 122 to 139, inclusive, of this act.
Sec. 122. 1. At the time of submitting any list required pursuant to NRS 88.395, a limited partnership that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2. A limited partnership must submit a statement pursuant to this section if the limited partnership, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the limited partnership within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
(2) Which resulted in the limited partnership being fined or otherwise penalized or which resulted in the limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the limited partnership and whether the limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
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divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 123. 1. To become a registered limited-liability limited partnership, a limited partnership shall file with the Secretary of State a certificate of registration stating each of the following:
(a) The name of the limited partnership.
(b) The street address of its principal office.
(c) The name of the person designated as the resident agent of the limited partnership, the street address of the resident agent where process may be served upon the partnership and the mailing address of the resident agent if it is different from his street address.
(d) The name and business address of each organizer executing the certificate.
(e) The name and business address of each initial general partner.
(f) That the limited partnership thereafter will be a registered limited-liability limited partnership.
(g) Any other information that the limited partnership wishes to include.
2. The certificate of registration must be executed by the vote necessary to amend the partnership agreement or, in the case of a partnership agreement that expressly considers contribution obligations, the vote necessary to amend those provisions.
3. The Secretary of State shall register as a registered limited-liability limited partnership any limited partnership that submits a completed certificate of registration with the required fee.
4. The registration of a registered limited-liability limited partnership is effective at the time of the filing of the certificate of registration.
Sec. 124. 1. The name proposed for a registered limited-liability limited partnership must contain the words Limited-Liability Limited Partnership or Registered Limited-Liability Limited Partnership or the abbreviation L.L.L.P. or LLLP as the last words or letters of the name and must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name of the registered limited-liability limited partnership on a certificate of registration of limited-liability limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the person who signed it, unless the written, acknowledged consent to the same name of the holder of the name on file or reserved name to use the name accompanies the certificate.
2. The Secretary of State shall not accept for filing any certificate of registration or any certificate of amendment of a certificate of registration of any registered limited-liability limited partnership formed or existing pursuant to the laws of this state which provides that the name of the registered limited-liability limited partnership contains the words unit-owners association or homeowners association or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability limited partnership is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability limited partnership has:
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owners association or homeowners association or if it appears in the certificate of registration or certificate of amendment that the purpose of the registered limited-liability limited partnership is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the registered limited-liability limited partnership has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The name of a registered limited-liability limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
5. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 125. The registration of a registered limited-liability limited partnership is effective until:
1. Its certificate of registration is revoked pursuant to NRS 88.405; or
2. The registered limited-liability limited partnership files with the Secretary of State a written notice of withdrawal executed by a general partner. The notice must be accompanied by a fee of $60.
Sec. 126. The status of a limited partnership as a registered limited-liability limited partnership, and the liability of its partners, are not affected by errors in the information contained in a certificate of registration or an annual list required to be filed with the Secretary of State, or by changes after the filing of such a certificate or list in the information contained in the certificate or list.
Sec. 127. 1. Unless otherwise provided by the articles of organization or partnership agreement, a partner of a registered limited-liability limited partnership is not personally liable for a debt or liability of the registered limited-liability limited partnership unless the trier of fact determines that adherence to the fiction of a separate entity would sanction fraud or promote a manifest injustice.
2. For purposes of this section, the failure of a registered limited-liability limited partnership to observe the formalities or requirements relating to the management of the registered limited-liability limited partnership, in and of itself, is not sufficient to establish grounds for imposing personal liability on a partner for a debt or liability of the registered limited-liability limited partnership.
Sec. 128. All persons who assume to act on behalf of a registered limited-liability limited partnership without the authority to act on behalf of the registered limited-liability limited partnership are jointly and severally liable for all debts and liabilities of the registered limited-liability limited partnership.
Sec. 129. To the extent permitted by the law of that jurisdiction:
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1. A limited partnership, including a registered limited-liability limited partnership, formed and existing under this chapter, may conduct its business, carry on its operations, and exercise the powers granted by this chapter in any state, territory, district or possession of the United States or in any foreign country.
2. The internal affairs of a limited partnership, including a registered limited-liability limited partnership, formed and existing under this chapter, including the liability of partners for debts, obligations and liabilities of or chargeable to the partnership, are governed by the laws of this state.
Sec. 130. The name of a foreign registered limited-liability limited partnership that is doing business in this state must contain the words Limited-Liability Limited Partnership or Registered Limited-Liability Limited Partnership or the abbreviations L.L.L.P. or LLLP, or such other words or abbreviations as may be required or authorized by the laws of the other jurisdiction, as the last words or letters of the name.
Sec. 131. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 132. 1. Each foreign limited partnership doing business in this state shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The name of the foreign limited partnership;
(b) The file number of the foreign limited partnership, if known;
(c) The names of all its general partners;
(d) The address, either residence or business, of each general partner;
(e) The name and address of its lawfully designated resident agent in this state; and
(f) The signature of a general partner of the foreign limited partnership certifying that the list is true, complete and accurate.
2. Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign limited partnership:
(a) Has complied with the provisions of chapter 364A of NRS; and
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(b) Acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
3. Upon filing:
(a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.
(b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of $125.
4. If a general partner of a foreign limited partnership resigns and the resignation is not made in conjunction with the filing of an annual or amended list of general partners, the foreign limited partnership shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each foreign limited partnership, which is required to comply with the provisions of sections 132 to 139, inclusive, of this act, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign limited partnership to receive the forms does not excuse it from the penalty imposed by the provisions of sections 132 to 139, inclusive, of this act.
6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date must be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 133. 1. At the time of submitting any list required pursuant to section 132 of this act, a foreign limited partnership that meets the criteria set forth in subsection 2 must submit:
(a) The statement required pursuant to subsection 3, accompanied by a declaration under penalty of perjury attesting that the statement does not contain any material misrepresentation of fact; and
(b) A fee of $100,000, to be distributed in the manner provided pursuant to subsection 4.
2. A foreign limited partnership must submit a statement pursuant to this section if the foreign limited partnership, including its parent and all subsidiaries:
(a) Holds 25 percent or more of the share of the market within this state for any product sold or distributed by the foreign limited partnership within this state; and
(b) Has had, during the previous 5-year period, a total of five or more investigations commenced against the foreign limited partnership, its parent or its subsidiaries in any jurisdiction within the United States, including all state and federal investigations:
(1) Which concern any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060, or which concern similar activities prohibited by a substantially similar law of another jurisdiction; and
κ2003 Statutes of Nevada, 20th Special Session, Page 89 (CHAPTER 4, SB 2)κ
(2) Which resulted in the foreign limited partnership being fined or otherwise penalized or which resulted in the foreign limited partnership being required to divest any holdings or being unable to acquire any holdings as a condition for the settlement, dismissal or resolution of those investigations.
3. A foreign limited partnership that meets the criteria set forth in subsection 2 shall submit a statement which includes the following information with respect to each investigation:
(a) The jurisdiction in which the investigation was commenced.
(b) A summary of the nature of the investigation and the facts and circumstances surrounding the investigation.
(c) If the investigation resulted in criminal or civil litigation, a copy of all pleadings filed in the investigation by any party to the litigation.
(d) A summary of the outcome of the investigation, including specific information concerning whether any fine or penalty was imposed against the foreign limited partnership and whether the foreign limited partnership was required to divest any holdings or was unable to acquire any holdings as a condition for the settlement, dismissal or resolution of the investigation.
4. The fee collected pursuant to subsection 1 must be deposited in the Attorney Generals Administration Budget Account and used solely for the purpose of investigating any alleged contract, combination or conspiracy in restraint of trade, as described in subsection 1 of NRS 598A.060.
Sec. 134. If a foreign limited partnership has filed the initial or annual list in compliance with section 132 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign limited partnership constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.
Sec. 135. 1. Each list required to be filed under the provisions of sections 132 to 139, inclusive, of this act must, after the name of each managing partner listed thereon, set forth the address, either residence or business, of each managing partner.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign limited partnership for which the list has been offered for filing is subject to all the provisions of sections 132 to 139, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 136. 1. Each foreign limited partnership which is required to make a filing and pay the fee prescribed in sections 132 to 139, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $75, and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign limited partnership occurs, the defaulting foreign limited partnership by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
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Sec. 137. 1. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited partnership deemed in default pursuant to section 136 of this act. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the last day of the month in which the anniversary date of the filing of the certificate of limited partnership occurs, the Secretary of State shall compile a complete list containing the names of all foreign limited partnerships whose right to transact business has been forfeited.
3. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign limited partnership specified in subsection 2 of the forfeiture of its right to transact business. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 138. 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign limited partnership which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign limited partnership its right to transact business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by section 132 of this act;
(2) The statement required by section 133 of this act, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in sections 132 and 136 of this act for each year or portion thereof that its right to transact business was forfeited;
(2) The fee set forth in section 133 of this act, if applicable; and
(3) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the foreign limited partnership, he shall issue to the foreign limited partnership a certificate of reinstatement if the foreign limited partnership:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 88.415.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign limited partnership to transact business in this state has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.
Sec. 139. 1. Except as otherwise provided in subsection 2, if a foreign limited partnership applies to reinstate its certificate of registration and its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign limited partnership must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated.
κ2003 Statutes of Nevada, 20th Special Session, Page 91 (CHAPTER 4, SB 2)κ
provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign limited partnership must in its application for reinstatement submit in writing to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign limited partnership under that new name.
2. If the applying foreign limited partnership submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying foreign limited partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 140. NRS 88.315 is hereby amended to read as follows:
88.315 As used in this chapter, unless the context otherwise requires:
1. Certificate of limited partnership means the certificate referred to in NRS 88.350, and the certificate as amended or restated.
2. Contribution means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.
3. Event of withdrawal of a general partner means an event that causes a person to cease to be a general partner as provided in NRS 88.450.
4. Foreign limited partnership means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.
5. Foreign registered limited-liability limited partnership means a foreign limited-liability limited partnership:
(a) Formed pursuant to an agreement governed by the laws of another state; and
(b) Registered pursuant to and complying with NRS 88.570 to 88.605, inclusive, and section 130 of this act.
6. General partner means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.
[6.] 7. Limited partner means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.
[7.] 8. Limited partnership and domestic limited partnership mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
[8.] 9. Partner means a limited or general partner.
[9.] 10. Partnership agreement means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.
κ2003 Statutes of Nevada, 20th Special Session, Page 92 (CHAPTER 4, SB 2)κ
[10.] 11. Partnership interest means a partners share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
[11.] 12. Registered limited-liability limited partnership means a limited partnership:
(a) Formed pursuant to an agreement governed by this chapter; and
(b) Registered pursuant to and complying with NRS 88.350 to 88.415, inclusive, and sections 122 to 125, inclusive, of this act.
13. Registered office means the office maintained at the street address of the resident agent.
[12.] 14. Resident agent means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.
[13.] 15. Sign means to affix a signature to a document.
[14.] 16. Signature means a name, word or mark executed or adopted by a person with the present intention to authenticate a document. The term includes, without limitation, an electronic signature as defined in NRS 719.100.
[15.] 17. State means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
[16.] 18. Street address of a resident agent means the actual physical location in this state at which a resident is available for service of process.
Sec. 141. NRS 88.320 is hereby amended to read as follows:
88.320 1. [The] Except as otherwise provided in section 124 of this act, the name proposed for a limited partnership as set forth in its certificate of limited partnership:
(a) Must contain the words Limited Partnership, or the abbreviation LP or L.P. ;
(b) May not contain the name of a limited partner unless:
(1) It is also the name of a general partner or the corporate name of a corporate general partner; or
(2) The business of the limited partnership had been carried on under that name before the admission of that limited partner; and
(c) Must be distinguishable on the records of the Secretary of State from the names of all other artificial persons formed, organized, registered or qualified pursuant to the provisions of this title that are on file in the Office of the Secretary of State and all names that are reserved in the Office of the Secretary of State pursuant to the provisions of this title. If the name on the certificate of limited partnership submitted to the Secretary of State is not distinguishable from any name on file or reserved name, the Secretary of State shall return the certificate to the filer, unless the written, acknowledged consent to the use of the same or the requested similar name of the holder of the name on file or reserved name accompanies the certificate of limited partnership.
2. For the purposes of this section, a proposed name is not distinguished from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination [of these.] thereof.
3. The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this state which provides that the name of the limited partnership contains the word accountant, accounting, accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the limited partnership:
κ2003 Statutes of Nevada, 20th Special Session, Page 93 (CHAPTER 4, SB 2)κ
accountancy, auditor or auditing unless the Nevada State Board of Accountancy certifies that the limited partnership:
(a) Is registered pursuant to the provisions of chapter 628 of NRS; or
(b) Has filed with the Nevada State Board of Accountancy under penalty of perjury a written statement that the limited partnership is not engaged in the practice of accounting and is not offering to practice accounting in this state.
4. The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this state which provides that the name of the limited partnership contains the word bank or trust unless:
(a) It appears from the certificate of limited partnership that the limited partnership proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank, savings and loan association or thrift company; and
(b) The certificate of limited partnership is first approved by the Commissioner of Financial Institutions.
5. The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the provisions of this chapter if it appears from the certificate of limited partnership that the business to be carried on by the limited partnership is subject to supervision by the Commissioner of Insurance or by the Commissioner of Financial Institutions, unless the certificate of limited partnership is approved by the Commissioner who will supervise the business of the limited partnership.
6. Except as otherwise provided in subsection 5, the Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this state which provides that the name of the limited partnership contains the words engineer, engineered, engineering, professional engineer, registered engineer or licensed engineer unless:
(a) The State Board of Professional Engineers and Land Surveyors certifies that the principals of the limited partnership are licensed to practice engineering pursuant to the laws of this state; or
(b) The State Board of Professional Engineers and Land Surveyors certifies that the limited partnership is exempt from the prohibitions of NRS 625.520.
7. The Secretary of State shall not accept for filing any certificate of limited partnership for any limited partnership formed or existing pursuant to the laws of this state which provides that the name of the limited partnership contains the words unit-owners association or homeowners association or if it appears in the certificate of limited partnership that the purpose of the limited partnership is to operate as a unit-owners association pursuant to chapter 116 of NRS unless the Administrator of the Real Estate Division of the Department of Business and Industry certifies that the limited partnership has:
(a) Registered with the Ombudsman for Owners in Common-Interest Communities pursuant to NRS 116.31158; and
(b) Paid to the Administrator of the Real Estate Division the fees required pursuant to NRS 116.31155.
8. The name of a limited partnership whose right to transact business has been forfeited, which has merged and is not the surviving entity or whose existence has otherwise terminated is available for use by any other artificial person.
κ2003 Statutes of Nevada, 20th Special Session, Page 94 (CHAPTER 4, SB 2)κ
existence has otherwise terminated is available for use by any other artificial person.
[4.] 9. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 142. NRS 88.327 is hereby amended to read as follows:
88.327 1. Except as otherwise provided in subsection 2, if a limited partnership applies to reinstate its right to transact business but its name has been legally reserved or acquired by any other artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the applying limited partnership shall submit in writing to the Secretary of State some other name under which it desires its right to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [issue to the applying] reinstate the limited partnership [a certificate of reinstatement] under that new name.
2. If the applying limited partnership submits the written, acknowledged consent of the other artificial person having the name, or the person who has reserved the name, that is not distinguishable from the old name of the applying limited partnership or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination [of these.] thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 143. NRS 88.331 is hereby amended to read as follows:
88.331 1. If a limited partnership created pursuant to this chapter desires to change its resident agent, the change may be effected by filing with the Secretary of State a certificate of change [,] of resident agent, signed by a general partner, which sets forth:
(a) The name of the limited partnership;
(b) The name and street address of its present resident agent; and
(c) The name and street address of the new resident agent.
2. The new resident agents certificate of acceptance must be a part of or attached to the certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.
κ2003 Statutes of Nevada, 20th Special Session, Page 95 (CHAPTER 4, SB 2)κ
Sec. 144. NRS 88.332 is hereby amended to read as follows:
88.332 1. [Any person who has been designated by a limited partnership as its] A resident agent [and who thereafter] who desires to resign shall [file] :
(a) File with the Secretary of State a signed statement in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act as the resident agent of the limited partnership [.] for the service of process; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is filed with the Secretary of State.
2. The statement of resignation may contain a statement by the affected limited partnership appointing a successor resident agent for the limited partnership. A certificate of acceptance executed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent.
[2.] 3. Upon the filing of the statement with the Secretary of State , the capacity of the person as resident agent terminates. If the statement of resignation does not contain a statement by the limited partnership appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the resident agent.
[3.] 4. If a designated resident agent dies, resigns or removes from the State, the limited partnership, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance, executed by the new resident agent. The certificate must set forth the full name, complete street address and, if different from the street address, mailing address of the newly designated resident agent.
[4.] 5. Each limited partnership which fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its resident agent as provided in subsection [3] 4 shall be deemed in default and is subject to the provisions of NRS 88.400 and 88.405.
Sec. 145. NRS 88.335 is hereby amended to read as follows:
88.335 1. A limited partnership shall keep at the office referred to in paragraph (a) of subsection 1 of NRS 88.330 the following:
(a) A current list of the full name and last known business address of each partner , separately identifying the general partners in alphabetical order and the limited partners in alphabetical order;
(b) A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed;
(c) Copies of the limited partnerships federal, state, and local income tax returns and reports, if any, for the 3 most recent years;
(d) Copies of any then effective written partnership agreements [and] ;
(e) Copies of any financial statements of the limited partnership for the 3 most recent years; and
[(e)] (f) Unless contained in a written partnership agreement, a writing setting out:
κ2003 Statutes of Nevada, 20th Special Session, Page 96 (CHAPTER 4, SB 2)κ
(1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute;
(2) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;
(3) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partners contribution; and
(4) Any events upon the happening of which the limited partnership is to be dissolved and its affairs wound up.
2. In lieu of keeping at an office in this state the information required in paragraphs (a), (c), (e) and (f) of subsection 1, the limited partnership may keep a statement with the resident agent setting out the name of the custodian of the information required in paragraphs (a), (c), (e) and (f) of subsection 1, and the present and complete post office address, including street and number, if any, where the information required in paragraphs (a), (c), (e) and (f) of subsection 1 is kept.
3. Records kept pursuant to this section are subject to inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours.
Sec. 146. NRS 88.339 is hereby amended to read as follows:
88.339 1. A limited partnership may correct a document filed by the Secretary of State with respect to the limited partnership if the document contains an inaccurate record of a partnership action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the limited partnership must:
(a) Prepare a certificate of correction that:
(1) States the name of the limited partnership;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by a general partner of the limited partnership.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of [$150] $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
Sec. 147. NRS 88.340 is hereby amended to read as follows:
88.340 The Secretary of State may microfilm or image any document which is filed in his office by or relating to a limited partnership pursuant to this chapter and may return the original document to the filer.
Sec. 148. NRS 88.350 is hereby amended to read as follows:
88.350 1. In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the Office of the Secretary of State. The certificate must set forth:
(a) The name of the limited partnership;
(b) The address of the office which contains records and the name and address of the resident agent required to be maintained by NRS 88.330;
κ2003 Statutes of Nevada, 20th Special Session, Page 97 (CHAPTER 4, SB 2)κ
(c) The name and [the] business address of each [general partner;] organizer executing the certificate;
(d) The name and business address of each initial general partner;
(e) The latest date upon which the limited partnership is to dissolve; and
[(e)] (f) Any other matters the [general partners] organizers determine to include therein.
2. A certificate of acceptance of appointment of a resident agent, executed by the agent, must be filed with the certificate of limited partnership.
3. A limited partnership is formed at the time of the filing of the certificate of limited partnership and the certificate of acceptance in the Office of the Secretary of State or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
Sec. 149. NRS 88.360 is hereby amended to read as follows:
88.360 A certificate of limited partnership must be cancelled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners. A certificate of cancellation must be filed in the Office of the Secretary of State and set forth:
1. The name of the limited partnership;
2. [The date of filing of its certificate of limited partnership;
3.] The reason for filing the certificate of cancellation;
[4.] 3. The effective date, which must be a date certain, of cancellation if it is not to be effective upon the filing of the certificate; and
[5.] 4. Any other information the general partners filing the certificate determine.
Sec. 150. NRS 88.395 is hereby amended to read as follows:
88.395 1. A limited partnership shall, on or before the [first] last day of the [second] first month after the filing of its certificate of limited partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the limited partnership;
(b) The file number of the limited partnership, if known;
(c) The names of all of its general partners;
(d) The [mailing or street] address, either residence or business, of each general partner;
(e) The name and [street] address of the lawfully designated resident agent of the limited partnership; and
(f) The signature of a general partner of the limited partnership certifying that the list is true, complete and accurate.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 364A of NRS [.
2. Upon] and which acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
2. Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:
(a) The initial list required by subsection 1, [the limited partnership shall] pay to the Secretary of State a fee of [$165.] $125.
κ2003 Statutes of Nevada, 20th Special Session, Page 98 (CHAPTER 4, SB 2)κ
(b) Each annual list required by subsection 1, [the limited partnership shall] pay to the Secretary of State a fee of [$85.] $125.
3. A registered limited-liability limited partnership shall, upon filing:
(a) The initial list required by subsection 1, pay to the Secretary of State a fee of $125.
(b) Each annual list required by subsection 1, pay to the Secretary of State a fee of $175.
4. If a general partner of a limited partnership resigns and the resignation is not made in conjunction with the filing of an annual or amended list of general partners, the limited partnership shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each limited partnership which is required to comply with the provisions of this section , and which has not become delinquent , a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list. Failure of any limited partnership to receive a notice or form does not excuse it from the penalty imposed by NRS 88.400.
[4.] 6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.
[5.] 7. An annual list for a limited partnership not in default that is received by the Secretary of State more than [60] 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
[6.] 8. A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.
Sec. 151. NRS 88.400 is hereby amended to read as follows:
88.400 1. If a limited partnership has filed the list in compliance with NRS 88.395 and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. [If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.]
2. Each limited partnership which is required to make a filing and pay the fee prescribed in NRS 88.395 and section 122 of this act and which refuses or neglects to [file the list and pay the fee] do so within the time provided is in default.
3. Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a limited partnership which is a unit-owners association as defined in NRS 116.110315 has failed to register pursuant to NRS 116.31158 or failed to pay the fees pursuant to NRS 116.31155, the Secretary of State shall deem the limited partnership to be in default. If, after the limited partnership is deemed to be in default, the Administrator notifies the Secretary of State that the limited partnership has registered pursuant to NRS 116.31158 and paid the fees pursuant to NRS 116.31155, the Secretary of State shall reinstate the limited partnership if the limited partnership complies with the requirements for reinstatement as provided in this section and NRS 88.410.
κ2003 Statutes of Nevada, 20th Special Session, Page 99 (CHAPTER 4, SB 2)κ
the requirements for reinstatement as provided in this section and NRS 88.410.
4. For default there must be added to the amount of the fee a penalty of [$50,] $75 and unless the filings are made and the fee and penalty are paid on or before the first day of the first anniversary of the month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits its right to transact any business within this state.
Sec. 152. NRS 88.405 is hereby amended to read as follows:
88.405 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each defaulting limited partnership. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the first day of the first anniversary of the month following the month in which filing was required, the certificate of the limited partnership is revoked.
3. The Secretary of State shall compile a complete list containing the names of all limited partnerships whose right to [do] transact business has been forfeited.
4. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each limited partnership specified in subsection 3 of the revocation of its certificate. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
[3.] (b) At the request of the resident agent, may be provided electronically.
5. In case of revocation of the certificate and of the forfeiture of the right to transact business thereunder, all the property and assets of the defaulting domestic limited partnership are held in trust by the general partners, and the same proceedings may be had with respect thereto as for the judicial dissolution of a limited partnership. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the Secretary of State reinstates the limited partnership , the proceedings must at once be dismissed and all property restored to the general partners.
Sec. 153. NRS 88.410 is hereby amended to read as follows:
88.410 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State [may:
(a) Reinstate] shall reinstate any limited partnership which has forfeited or which forfeits its right to transact business [; and
(b) Restore] under the provisions of this chapter and restore to the limited partnership its right to carry on business in this state, and to exercise its privileges and immunities [,
upon the filing] if it:
(a) Files with the Secretary of State [of the] :
(1) The list required pursuant to NRS 88.395 [, and upon payment] ;
(2) The statement required by section 122 of this act, if applicable; and
(3) A certificate of acceptance of appointment signed by its resident agent; and
κ2003 Statutes of Nevada, 20th Special Session, Page 100 (CHAPTER 4, SB 2)κ
(b) Pays to the Secretary of State [of the] :
(1) The filing fee and penalty set forth in NRS 88.395 and 88.400 for each year or portion thereof during which the certificate has been revoked [, and a] ;
(2) The fee set forth in section 122 of this act, if applicable; and
(3) A fee of [$200] $300 for reinstatement.
2. When [payment is made and] the Secretary of State reinstates the limited partnership , [to its former rights,] he shall [:
(a) Immediately issue and deliver to the limited partnership a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand,] issue to the limited partnership [one or more certified copies of the] a certificate of reinstatement [.] if the limited partnership:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 88.415.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation occurred only by reason of failure to pay the fees and penalties.
4. If a limited partnerships certificate has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 years, the certificate must not be reinstated.
Sec. 154. NRS 88.415 is hereby amended to read as follows:
88.415 The Secretary of State, for services relating to his official duties and the records of his office, shall charge and collect the following fees:
1. For filing a certificate of limited partnership, or for registering a foreign limited partnership, [$175.] $75.
2. For filing a certificate of registration of limited-liability limited partnership, or for registering a foreign registered limited-liability limited partnership, $100.
3. For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, [$150.
3.] $175.
4. For filing a certificate of a change of location of the records office of a limited partnership or the office of its resident agent, or a designation of a new resident agent, [$30.
4.] $60.
5. For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, [$20] $30 per certification.
[5.] 6. For certifying an authorized printed copy of the limited partnership law, [$20.
6.] $30.
7. For reserving a limited partnership name, or for executing, filing or certifying any other document, [$20.
7.] $25.
8. For copies made at the Office of the Secretary of State, [$1] $2 per page.
[8.] 9. For filing a certificate of cancellation of a limited partnership, [$60.] $75.
Except as otherwise provided in this section, the fees set forth in NRS 78.785 apply to this chapter.
κ2003 Statutes of Nevada, 20th Special Session, Page 101 (CHAPTER 4, SB 2)κ
Sec. 155. NRS 88.535 is hereby amended to read as follows:
88.535 1. On application to a court of competent jurisdiction by any judgment creditor of a partner, the court may charge the partnership interest of the partner with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest.
2. [The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect of the partnership. The receiver has only the rights of an assignee. The court may make all other orders, directions, accounts and inquiries that the judgment debtor might have made or which the circumstances of the case may require.
3. A charging order constitutes a lien on the partnership interest of the judgment debtor. The court may order a foreclosure of the partnership interest subject to the charging order at any time. The purchaser at the foreclosure sale has only the rights of an assignee.
4. Unless otherwise provided in the articles of organization or operating agreement, at any time before foreclosure, a partnership interest charged may be redeemed:
(a) By the judgment debtor;
(b) With property other than property of the limited partnership, by one or more of the other partners; or
(c) By the limited partnership with the consent of all of the partners whose interests are not so charged.
5.] This section [provides] :
(a) Provides the exclusive remedy by which a judgment creditor of a partner or an assignee of a partner may satisfy a judgment out of the partnership interest of the judgment debtor.
[6. No creditor of a partner has any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited partnership.
7. This section does]
(b) Does not deprive any partner of the benefit of any exemption laws applicable to his partnership interest.
Sec. 156. NRS 88.585 is hereby amended to read as follows:
88.585 [A] Except as otherwise provided in section 130 of this act, a foreign limited partnership may register with the Secretary of State under any name, whether or not it is the name under which it is registered in its state of organization, that includes without abbreviation the words limited partnership and that could be registered by a domestic limited partnership.
Sec. 157. NRS 88.595 is hereby amended to read as follows:
88.595 A foreign limited partnership may cancel its registration by filing with the Secretary of State a certificate of cancellation signed by a general partner. The certificate must set forth:
1. The name of the foreign limited partnership;
2. [The date upon which its certificate of registration was filed;
3.] The reason for filing the certificate of cancellation;
[4.] 3. The effective date of the cancellation if other than the date of the filing of the certificate of cancellation; and
[5.] 4. Any other information deemed necessary by the general partners of the partnership.
κ2003 Statutes of Nevada, 20th Special Session, Page 102 (CHAPTER 4, SB 2)κ
A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign limited partnership with respect to causes of action arising out of the transactions of business in this state.
Sec. 158. Chapter 88A of NRS is hereby amended by adding thereto the provisions set forth as sections 159 to 166, inclusive, of this act.
Sec. 159. 1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 160. 1. Each foreign business trust doing business in this state shall, on or before the last day of the first month after the filing of its application for registration as a foreign business trust with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
(a) The name of the foreign business trust;
(b) The file number of the foreign business trust, if known;
(c) The name of at least one of its trustees;
(d) The address, either residence or business, of the trustee listed pursuant to paragraph (c);
(e) The name and address of its lawfully designated resident agent in this state; and
(f) The signature of a trustee of the foreign business trust certifying that the list is true, complete and accurate.
2. Each list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that the foreign business trust:
(a) Has complied with the provisions of chapter 364A of NRS; and
(b) Acknowledges that pursuant to NRS 239.330 it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
3. Upon filing:
(a) The initial list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $125.
(b) Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $125.
4. If a trustee of a foreign business trust resigns and the resignation is not made in conjunction with the filing of an annual or amended list of trustees, the foreign business trust shall pay to the Secretary of State a fee of $75 to file the resignation of the trustee.
κ2003 Statutes of Nevada, 20th Special Session, Page 103 (CHAPTER 4, SB 2)κ
trustees, the foreign business trust shall pay to the Secretary of State a fee of $75 to file the resignation of the trustee.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each foreign business trust which is required to comply with the provisions of sections 160 to 166, inclusive, of this act, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any foreign business trust to receive the forms does not excuse it from the penalty imposed by the provisions of sections 160 to 166, inclusive, of this act.
6. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a foreign business trust not in default which is received by the Secretary of State more than 90 days before its due date must be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 161. If a foreign business trust has filed the initial or annual list in compliance with section 160 of this act and has paid the appropriate fee for the filing, the cancelled check or other proof of payment received by the foreign business trust constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its qualification to transact business occurs in the next succeeding calendar year.
Sec. 162. 1. Each list required to be filed under the provisions of sections 160 to 166, inclusive, of this act must, after the name of each trustee listed thereon, set forth the address, either residence or business, of each trustee.
2. If the addresses are not stated for each person on any list offered for filing, the Secretary of State may refuse to file the list, and the foreign business trust for which the list has been offered for filing is subject to all the provisions of sections 160 to 166, inclusive, of this act relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 163. 1. Each foreign business trust which is required to make a filing and pay the fee prescribed in sections 160 to 166, inclusive, of this act and which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $75, and unless the filing is made and the fee and penalty are paid on or before the last day of the month in which the anniversary date of the foreign business trust occurs, the defaulting foreign business trust by reason of its default forfeits its right to transact any business within this state. The fee and penalty must be collected as provided in this chapter.
Sec. 164. 1. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign business trust deemed in default pursuant to section 163 of this act. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
κ2003 Statutes of Nevada, 20th Special Session, Page 104 (CHAPTER 4, SB 2)κ
2. Immediately after the last day of the month in which the anniversary date of the filing of the certificate of trust occurs, the Secretary of State shall compile a complete list containing the names of all foreign business trusts whose right to transact business has been forfeited.
3. The Secretary of State shall notify, by providing written notice to its resident agent, each foreign business trust specified in subsection 2 of the forfeiture of its right to transact business. The written notice:
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
Sec. 165. 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate a foreign business trust which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign business trust its right to transact business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by section 160 of this act; and
(2) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in sections 160 and 163 of this act for each year or portion thereof that its right to transact business was forfeited; and
(2) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the foreign business trust, he shall issue to the foreign business trust a certificate of reinstatement if the foreign business trust:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 88A.900.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign business trust to transact business in this state has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.
Sec. 166. 1. Except as otherwise provided in subsection 2, if a foreign business trust applies to reinstate its certificate of trust and its name has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the foreign business trust must submit in writing in its application for reinstatement to the Secretary of State some other name under which it desires its existence to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall reinstate the foreign business trust under that new name.
2. If the applying foreign business trust submits the written, acknowledged consent of the artificial person having a name, or the person who has reserved a name, which is not distinguishable from the old name of the applying foreign business trust or a new name it has submitted, it may be reinstated under that name.
κ2003 Statutes of Nevada, 20th Special Session, Page 105 (CHAPTER 4, SB 2)κ
who has reserved a name, which is not distinguishable from the old name of the applying foreign business trust or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguishable from a name on file or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination thereof.
4. The Secretary of State may adopt regulations that interpret the requirements of this section.
Sec. 167. NRS 88A.220 is hereby amended to read as follows:
88A.220 1. A certificate of trust may be amended by filing with the Secretary of State a certificate of amendment signed by at least one trustee. The certificate of amendment must set forth:
(a) The name of the business trust; and
(b) The amendment to the certificate of trust.
2. A certificate of trust may be restated by integrating into a single instrument all the provisions of the original certificate, and all amendments to the certificate, which are then in effect or are to be made by the restatement. The restated certificate of trust must be so designated in its heading, must be signed by at least one trustee and must set forth:
(a) The present name of the business trust [and, if the name has been changed, the name under which the business trust was originally formed;
(b) The date of filing of the original certificate of trust;
(c)] ;
(b) The provisions of the original certificate of trust, and all amendments to the certificate, which are then in effect; and
[(d)] (c) Any further amendments to the certificate of trust.
3. A certificate of trust may be amended or restated at any time for any purpose determined by the trustees.
Sec. 168. NRS 88A.420 is hereby amended to read as follows:
88A.420 A certificate of trust must be cancelled upon the completion or winding up of the business trust and its termination. A certificate of cancellation must be signed by a trustee, filed with the Secretary of State, and set forth:
1. The name of the business trust;
2. [The date of filing of its certificate of trust;
3.] A future effective date of the certificate of cancellation, if it is not to be effective upon filing, which may not be more than 90 days after the certificate is filed; and
[4.] 3. Any other information the trustee determines to include.
Sec. 169. NRS 88A.530 is hereby amended to read as follows:
88A.530 1. A resident agent who desires to resign shall [file] :
(a) File with the Secretary of State a signed statement [for each business trust for which] in the manner provided pursuant to subsection 1 of NRS 78.097 that he is unwilling to continue to act [.] as the resident agent of the business trust for the service of process; and
(b) Pay to the Secretary of State the filing fee set forth in subsection 1 of NRS 78.097.
A resignation is not effective until the signed statement is [so filed.] filed with the Secretary of State.
2. The statement of resignation may contain a statement of the affected business trust appointing a successor resident agent. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
κ2003 Statutes of Nevada, 20th Special Session, Page 106 (CHAPTER 4, SB 2)κ
acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.
3. Upon the filing of the statement of resignation with the Secretary of State, the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the business trust appointing a successor resident agent, the resigning agent shall immediately give written notice, by mail, to the business trust of the filing of the statement of resignation and its effect. The notice must be addressed to a trustee of the business trust other than the resident agent.
4. If its resident agent dies, resigns or removes from the State, a business trust, within 30 days thereafter, shall file with the Secretary of State a certificate of acceptance executed by a new resident agent. The certificate must set forth the full name and complete street address of the new resident agent, and may contain a mailing address, such as a post office box, different from the street address.
5. A business trust that fails to file a certificate of acceptance executed by its new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 88A.630 to 88A.660, inclusive.
Sec. 170. NRS 88A.540 is hereby amended to read as follows:
88A.540 1. If a business trust formed pursuant to this chapter desires to change its resident agent, the change may be effected by filing with the Secretary of State a certificate of change [,] of resident agent, signed by at least one trustee of the business trust, setting forth:
(a) The name of the business trust;
(b) The name and street address of the present resident agent; and
(c) The name and street address of the new resident agent.
2. A certificate of acceptance executed by the new resident agent must be a part of or attached to the certificate of change [.
3. The] of resident agent.
3. If the name of a resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment, the resident agent shall:
(a) File with the Secretary of State a certificate of name change of resident agent that includes:
(1) The current name of the resident agent as filed with the Secretary of State;
(2) The new name of the resident agent; and
(3) The name and file number of each artificial person formed, organized, registered or qualified pursuant to the provisions of this title that the resident agent represents; and
(b) Pay to the Secretary of State a filing fee of $100.
4. A change authorized by this section becomes effective upon the filing of the proper certificate of change.
Sec. 171. NRS 88A.600 is hereby amended to read as follows:
88A.600 1. A business trust formed pursuant to this chapter shall, on or before the [first] last day of the [second] first month after the filing of its certificate of trust with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the Secretary of State occurs, file with the Secretary of State, on a form furnished by him, a list signed by at least one trustee that contains the name and mailing address of its lawfully designated resident agent and at least one trustee.
κ2003 Statutes of Nevada, 20th Special Session, Page 107 (CHAPTER 4, SB 2)κ
Secretary of State, on a form furnished by him, a list signed by at least one trustee that contains the name and mailing address of its lawfully designated resident agent and at least one trustee. Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the business trust [has] :
(a) Has complied with the provisions of chapter 364A of NRS [.] ; and
(b) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
2. Upon filing:
(a) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of [$165.] $125.
(b) Each annual list required by subsection 1, the business trust shall pay to the Secretary of State a fee of [$85.] $125.
3. If a trustee of a business trust resigns and the resignation is not made in conjunction with the filing of an annual or amended list of trustees, the business trust shall pay to the Secretary of State a fee of $75 to file the resignation of the trustee.
4. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of a business trust to receive the forms does not excuse it from the penalty imposed by law.
[4.] 5. An annual list for a business trust not in default which is received by the Secretary of State more than [60] 90 days before its due date shall be deemed an amended list for the previous year.
Sec. 172. NRS 88A.610 is hereby amended to read as follows:
88A.610 When the fee for filing the annual list has been paid, the cancelled check or other proof of payment received by the business trust constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of the filing of its certificate of trust occurs in the next succeeding calendar year. [If the business trust desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.]
Sec. 173. NRS 88A.620 is hereby amended to read as follows:
88A.620 1. Each list required to be filed pursuant to the provisions of NRS 88A.600 to 88A.660, inclusive, must, after the name of each trustee listed thereon, set forth his [post office box or street] address, either residence or business.
2. If the addresses are not stated on a list offered for filing, the Secretary of State may refuse to file the list, and the business trust for which the list has been offered for filing is subject to all the provisions of NRS 88A.600 to 88A.660, inclusive, relating to failure to file the list when or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of those sections.
Sec. 174. NRS 88A.630 is hereby amended to read as follows:
88A.630 1. Each business trust required to file the list and pay the fee prescribed in NRS 88A.600 to 88A.660, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default, there must be added to the amount of the fee a penalty of [$50.] $75. The fee and penalty must be collected as provided in this chapter.
κ2003 Statutes of Nevada, 20th Special Session, Page 108 (CHAPTER 4, SB 2)κ
Sec. 175. NRS 88A.640 is hereby amended to read as follows:
88A.640 1. The Secretary of State shall notify, by [letter addressed] providing written notice to its resident agent, each business trust deemed in default pursuant to the provisions of this chapter. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the resident agent, may be provided electronically.
2. Immediately after the first day of the first anniversary of the month following the month in which the filing was required, the certificate of trust of the business trust is revoked and its right to transact business is forfeited.
3. The Secretary of State shall compile a complete list containing the names of all business trusts whose right to [do] transact business has been forfeited. [He]
4. The Secretary of State shall forthwith notify [each such business trust, by letter addressed] , by providing written notice to its resident agent, each business trust specified in subsection 3 of the revocation of its certificate of trust. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
[4.] (b) At the request of the resident agent, may be provided electronically.
5. If the certificate of trust is revoked and the right to transact business is forfeited, all the property and assets of the defaulting business trust must be held in trust by its trustees as for insolvent business trusts, and the same proceedings may be had with respect thereto as are applicable to insolvent business trusts. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the Secretary of State reinstates the certificate of trust, the proceedings must at once be dismissed.
Sec. 176. NRS 88A.650 is hereby amended to read as follows:
88A.650 1. Except as otherwise provided in [subsection 3,] subsections 3 and 4, the Secretary of State shall reinstate a business trust which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the business trust its right to carry on business in this state, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State [the] :
(1) The list required by NRS 88A.600; and
(2) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 88A.600 and 88A.630 for each year or portion thereof during which its certificate of trust was revoked; and
(2) A fee of [$200] $300 for reinstatement.
2. When the Secretary of State reinstates the business trust, he shall [:
(a) Immediately issue and deliver to the business trust a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand,] issue to the business trust [one or more certified copies of the] a certificate of reinstatement [.] if the business trust:
(a) Requests a certificate of reinstatement; and
κ2003 Statutes of Nevada, 20th Special Session, Page 109 (CHAPTER 4, SB 2)κ
(b) Pays the required fees pursuant to NRS 88A.900.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the certificate of trust occurred only by reason of the failure to file the list or pay the fees and penalties.
4. If a certificate of business trust has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the certificate must not be reinstated.
Sec. 177. NRS 88A.660 is hereby amended to read as follows:
88A.660 1. Except as otherwise provided in subsection 2, if a certificate of trust is revoked pursuant to the provisions of this chapter and the name of the business trust has been legally reserved or acquired by another artificial person formed, organized, registered or qualified pursuant to the provisions of this title whose name is on file with the Office of the Secretary of State or reserved in the Office of the Secretary of State pursuant to the provisions of this title, the business trust shall submit in writing to the Secretary of State some other name under which it desires to be reinstated. If that name is distinguishable from all other names reserved or otherwise on file, the Secretary of State shall [issue to] reinstate the business trust [a certificate of reinstatement] under that new name.
2. If the defaulting business trust submits the written, acknowledged consent of the artificial person using a name, or the person who has reserved a name, which is not distinguishable from the old name of the business trust or a new name it has submitted, it may be reinstated under that name.
Sec. 178. NRS 88A.710 is hereby amended to read as follows:
88A.710 Before transacting business in this state, a foreign business trust shall register with the Secretary of State. In order to register, a foreign business trust shall submit to the Secretary of State an application for registration as a foreign business trust, signed by a trustee, and a signed certificate of acceptance of a resident agent. The application for registration must set forth:
1. The name of the foreign business trust and, if different, the name under which it proposes to register and transact business in this state;
2. The state and date of its formation;
3. The name and address of the resident agent whom the foreign business trust elects to appoint;
4. The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign business trust; and
5. The name and [business] address , either residence or business, of one trustee.
Sec. 179. NRS 88A.740 is hereby amended to read as follows:
88A.740 A foreign business trust may cancel its registration by filing with the Secretary of State a certificate of cancellation signed by a trustee. The certificate must set forth:
1. The name of the foreign business trust;
2. [The date upon which its certificate of registration was filed;
3.] The effective date of the cancellation if other than the date of the filing of the certificate of cancellation; and
[4.] 3. Any other information deemed necessary by the trustee.
κ2003 Statutes of Nevada, 20th Special Session, Page 110 (CHAPTER 4, SB 2)κ
A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign business trust with respect to causes of action arising out of the transaction of business in this state.
Sec. 180. NRS 88A.900 is hereby amended to read as follows:
88A.900 The Secretary of State shall charge and collect the following fees for:
1. Filing an original certificate of trust, or for registering a foreign business trust, [$175.] $75.
2. Filing an amendment or restatement, or a combination thereof, to a certificate of trust, [$150.] $175.
3. Filing a certificate of cancellation, [$175.] $75.
4. Certifying a copy of a certificate of trust or an amendment or restatement, or a combination thereof, [$20] $30 per certification.
5. Certifying an authorized printed copy of this chapter, [$20.] $30.
6. Reserving a name for a business trust, [$20.] $25.
7. Executing a certificate of existence of a business trust which does not list the previous documents relating to it, or a certificate of change in the name of a business trust, [$40.] $50.
8. Executing a certificate of existence of a business trust which lists the previous documents relating to it, [$40.
9. Filing a statement of change of address of the registered office for each business trust, $30.
10.] $50.
9. Filing a statement of change of the [registered agent, $30.
11.] resident agent, $60.
10. Executing, certifying or filing any certificate or document not otherwise provided for in this section, [$40.
12.] $50.
11. Examining and provisionally approving a document before the document is presented for filing, [$100.
13.] $125.
12. Copying a document on file with him, for each page, [$1.] $2.
Sec. 181. NRS 88A.930 is hereby amended to read as follows:
88A.930 1. A business trust may correct a document filed by the Secretary of State with respect to the business trust if the document contains an inaccurate record of a trust action described in the document or was defectively executed, attested, sealed, verified or acknowledged.
2. To correct a document, the business trust must:
(a) Prepare a certificate of correction that:
(1) States the name of the business trust;
(2) Describes the document, including, without limitation, its filing date;
(3) Specifies the inaccuracy or defect;
(4) Sets forth the inaccurate or defective portion of the document in an accurate or corrected form; and
(5) Is signed by a trustee of the business trust.
(b) Deliver the certificate to the Secretary of State for filing.
(c) Pay a filing fee of [$150] $175 to the Secretary of State.
3. A certificate of correction is effective on the effective date of the document it corrects except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, the certificate is effective when filed.
κ2003 Statutes of Nevada, 20th Special Session, Page 111 (CHAPTER 4, SB 2)κ
Sec. 182. Chapter 89 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 183. NRS 89.040 is hereby amended to read as follows:
89.040 1. One or more persons may organize a professional corporation in the manner provided for organizing a private corporation pursuant to chapter 78 of NRS. Each person organizing the corporation must, except as otherwise provided in subsection 2 of NRS 89.050, be authorized to perform the professional service for which the corporation is organized. The articles of incorporation must contain the following additional information:
(a) The profession to be practiced by means of the professional corporation.
(b) The names and [post office boxes or street] addresses, either residence or business, of the original stockholders and directors of the professional corporation.
(c) Except as otherwise provided in paragraph (d) of this subsection, a certificate from the regulating board of the profession to be practiced showing that each of the directors, and each of the stockholders who is a natural person, is licensed to practice the profession.
(d) For a professional corporation organized pursuant to this chapter and practicing pursuant to the provisions of NRS 623.349, a certificate from the regulating board or boards of the profession or professions to be practiced showing that control and two-thirds ownership of the corporation is held by persons registered or licensed pursuant to the applicable provisions of chapter 623, 623A or 625 of NRS. As used in this paragraph, control has the meaning ascribed to it in NRS 623.349.
2. The corporate name of a professional corporation must contain the words Professional Corporation or the abbreviation Prof. Corp., P.C. or PC, or the word Chartered or the abbreviation Chtd., or Limited or the abbreviation Ltd. The corporate name must contain the last name of one or more of its stockholders. The corporation may render professional services and exercise its authorized powers under a fictitious name if the corporation has first registered the name in the manner required by chapter 602 of NRS.
κ2003 Statutes of Nevada, 20th Special Session, Page 112 (CHAPTER 4, SB 2)κ
Sec. 184. NRS 89.210 is hereby amended to read as follows:
89.210 1. Within 30 days after the organization of a professional association under this chapter, the association shall file with the Secretary of State a copy of the articles of association, duly executed, and shall pay at that time a filing fee of [$175. Any such association formed as a common-law association before July 1, 1969, shall file, within 30 days after July 1, 1969, a certified copy of its articles of association, with any amendments thereto, with the Secretary of State, and shall pay at that time a filing fee of $25.] $75. A copy of any amendments to the articles of association [adopted after July 1, 1969,] must also be filed with the Secretary of State within 30 days after the adoption of such amendments. Each copy of amendments so filed must be certified as true and correct and be accompanied by a filing fee of [$150.] $175.
2. The name of such a professional association must contain the words Professional Association, Professional Organization or the abbreviations Prof. Assn or Prof. Org. The association may render professional services and exercise its authorized powers under a fictitious name if the association has first registered the name in the manner required under chapter 602 of NRS.
Sec. 185. NRS 89.250 is hereby amended to read as follows:
89.250 1. Except as otherwise provided in subsection 2, a professional association shall, on or before the [first] last day of the [second] first month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State showing the names and [residence] addresses , either residence or business, of all members and employees in the professional association and certifying that all members and employees are licensed to render professional service in this state.
2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the [first] last day of the [second] first month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State:
(a) Showing the names and [residence] addresses , either residence or business, of all members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this state;
(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and
(c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the professional association except as authorized by law.
3. Each statement filed pursuant to this section must be:
(a) Made on a form prescribed by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.
(b) Signed by the chief executive officer of the professional association.
(c) Accompanied by a declaration under penalty of perjury that the professional association [has] :
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(1) Has complied with the provisions of chapter 364A of NRS [.] ; and
(2) Acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State.
4. Upon filing:
(a) The initial statement required by this section, the professional association shall pay to the Secretary of State a fee of [$165.] $125.
(b) Each annual statement required by this section, the professional association shall pay to the Secretary of State a fee of [$85.] $125.
5. As used in this section, signed means to have executed or adopted a name, word or mark, including, without limitation, an electronic signature as defined in NRS 719.100, with the present intention to authenticate a document.
Sec. 186. NRS 89.252 is hereby amended to read as follows:
89.252 1. Each professional association that is required to make a filing and pay the fee prescribed in NRS 89.250 but refuses to do so within the time provided is in default.
2. For default, there must be added to the amount of the fee a penalty of [$50.] $75. The fee and penalty must be collected as provided in this chapter.
Sec. 187. NRS 89.254 is hereby amended to read as follows:
89.254 1. The Secretary of State shall [notify by letter] provide written notice to each professional association which is in default pursuant to the provisions of NRS 89.252. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
(b) At the request of the professional association, may be provided electronically.
2. On the first day of the [ninth] first anniversary of the month following the month in which the filing was required, the articles of association of the professional association is revoked and its right to transact business is forfeited.
3. The Secretary of State shall compile a complete list containing the names of all professional associations whose right to [do] transact business has been forfeited.
4. The Secretary of State shall forthwith notify each [such] professional association specified in subsection 3 by [letter] providing written notice of the forfeiture of its right to transact business. The written notice [must be accompanied by] :
(a) Must include a statement indicating the amount of the filing fee, penalties incurred and costs remaining unpaid.
[4.] (b) At the request of the professional association, may be provided electronically.
5. If the articles of association of a professional association are revoked and the right to transact business is forfeited, all the property and assets of the defaulting professional association must be held in trust by its members, as for insolvent corporations, and the same proceedings may be had with respect to its property and assets as apply to insolvent corporations. Any interested person may institute proceedings at any time after a forfeiture has been declared, but if the Secretary of State reinstates the articles of association the proceedings must be dismissed and all property restored to the members of the professional association.
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association the proceedings must be dismissed and all property restored to the members of the professional association.
[5.] 6. If the assets of the professional association are distributed, they must be applied to:
(a) The payment of the filing fee, penalties and costs due to the State; and
(b) The payment of the creditors of the professional association.
Any balance remaining must be distributed as set forth in the articles of association or, if no such provisions exist, among the members of the professional association.
Sec. 188. NRS 89.256 is hereby amended to read as follows:
89.256 1. Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any professional association which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this state and exercise its privileges and immunities if it:
(a) Files with the Secretary of State [the] :
(1) The statement and certification required by NRS 89.250; and
(2) A certificate of acceptance of appointment signed by its resident agent; and
(b) Pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 89.250 and 89.252 for each year or portion thereof during which the articles of association have been revoked; and
(2) A fee of [$200] $300 for reinstatement.
2. When the Secretary of State reinstates the professional association , [to its former rights,] he shall [:
(a) Immediately issue and deliver to the association a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and
(b) Upon demand,] issue to the professional association a [certified copy of the] certificate of reinstatement [.] if the professional association:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to subsection 8 of NRS 78.785.
3. The Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the [associations] articles of association occurred only by reason of [its] the failure to pay the fees and penalties.
4. If the articles of association of a professional association have been revoked pursuant to the provisions of this chapter and have remained revoked for 10 consecutive years, the articles must not be reinstated.
Sec. 189. NRS 90.360 is hereby amended to read as follows:
90.360 1. An applicant for licensing shall pay a nonrefundable licensing fee, due annually in the following amounts:
(a) Broker-dealer, [$150.] $300.
(b) Sales representative, [$55.] $110.
(c) Investment adviser, [$150.] $300.
(d) Representative of an investment adviser, [$55.] $110.
2. The Administrator by regulation may require licensing of branch offices and impose a fee for the licensing and an annual fee.
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3. For the purpose of this section, a branch office means any place of business in this state other than the principal office in the state of the broker-dealer, from which one or more sales representatives transact business.
Sec. 190. NRS 90.380 is hereby amended to read as follows:
90.380 1. Unless a proceeding under NRS 90.420 has been instituted, the license of any broker-dealer, sales representative, investment adviser or representative of an investment adviser becomes effective 30 days after an application for licensing has been filed and is complete, including any amendment, if all requirements imposed pursuant to NRS 90.370 and 90.375 have been satisfied. An application or amendment is complete when the applicant has furnished information responsive to each applicable item of the application. The Administrator may authorize an earlier effective date of licensing.
2. The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser is effective until terminated by revocation, suspension, expiration or withdrawal.
3. The license of a sales representative is only effective with respect to transactions effected on behalf of the broker-dealer or issuer for whom the sales representative is licensed.
4. A person shall not at any one time act as a sales representative for more than one broker-dealer or for more than one issuer, unless the Administrator by regulation or order authorizes multiple licenses.
5. If a person licensed as a sales representative terminates association with a broker-dealer or issuer or ceases to be a sales representative, the sales representative and the broker-dealer or issuer on whose behalf the sales representative was acting shall promptly notify the Administrator.
6. The Administrator by regulation may authorize one or more special classifications of licenses as a broker-dealer, sales representative, investment adviser or representative of an investment adviser to be issued to applicants subject to limitations and conditions on the nature of the activities that may be conducted by persons so licensed.
7. The license of a broker-dealer, sales representative, investment adviser or representative of an investment adviser expires if:
(a) The statement required pursuant to NRS 90.375 is not submitted when it is due; or
(b) The annual fee required by NRS 90.360 is not paid when it is due.
8. A license that has expired may be reinstated retroactively if the licensed person:
(a) Submits the statement required pursuant to NRS 90.375; and
(b) Pays the fee required by NRS 90.360, plus a fee for reinstatement in the amount of [$25,] $50,
within 30 days after the date of expiration. If the license is not reinstated within that time, it shall be deemed to have lapsed as of the date of expiration, and the licensed person must thereafter submit a new application for licensing if he desires to be relicensed.
Sec. 191. NRS 90.456 is hereby amended to read as follows:
90.456 1. The Administrator may charge a fee not to exceed [.25] 0.5 percent of the total value of each transaction involving the purchase, sale or other transfer of a security conducted by a securities exchange located in this state.
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2. The Administrator may adopt by regulation or order, and shall cause to be published, a table of fees based upon the direct cost of regulating the securities exchange.
Sec. 192. NRS 90.500 is hereby amended to read as follows:
90.500 1. A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a broker-dealer licensed under this chapter.
2. Except as otherwise provided in subsection 3, a person filing a registration statement shall pay a filing fee of [one-tenth of 1] 0.2 percent of the maximum aggregate offering price at which the registered securities are to be offered in this state, but not less than [$350] $700 or more than [$2,500.] $5,000. If a registration statement is withdrawn before the effective date or a pre-effective order is entered under NRS 90.510, the Administrator shall retain the fee.
3. An open-end management company, a face amount certificate company or a unit investment trust, as defined in the Investment Company Act of 1940, may register an indefinite amount of securities under a registration statement. The registrant shall pay:
(a) A fee of [$500] $1,000 at the time of filing; and
(b) Within 60 days after the registrants fiscal year during which its statement is effective, a fee of [$2,000,] $4,000, or file a report on a form the Administrator adopts, specifying its sale of securities to persons in this state during the fiscal year and pay a fee of [one-tenth of 1] 0.2 percent of the aggregate sales price of the securities sold to persons in this state, but the latter fee must not be less than [$350] $700 or more than [$2,500.] $5,000.
4. Except as otherwise permitted by subsection 3, a statement must specify:
(a) The amount of securities to be offered in this state and the states in which a statement or similar document in connection with the offering has been or is to be filed; and
(b) Any adverse order, judgment or decree entered by a securities agency or administrator in any state or by a court or the Securities and Exchange Commission in connection with the offering.
5. A document filed under this chapter as now or previously in effect, within 5 years before the filing of a registration statement, may be incorporated by reference in the registration statement if the document is currently accurate.
6. The Administrator by regulation or order may permit the omission of an item of information or document from a statement.
7. In the case of a nonissuer offering, the Administrator may not require information under subsection 13 or NRS 90.510 [or subsection 13 of this section] unless it is known to the person filing the registration statement or to the person on whose behalf the offering is to be made, or can be furnished by one of them without unreasonable effort or expense.
8. In the case of a registration under NRS 90.480 or 90.490 by an issuer who has no public market for its shares and no significant earnings from continuing operations during the last 5 years or any shorter period of its existence, the Administrator by regulation or order may require as a condition of registration that the following securities be deposited in escrow for not more than 3 years:
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(a) A security issued to a promoter within the 3 years immediately before the offering or to be issued to a promoter for a consideration substantially less than the offering price; and
(b) A security issued to a promoter for a consideration other than cash, unless the registrant demonstrates that the value of the noncash consideration received in exchange for the security is substantially equal to the offering price for the security.
The Administrator by regulation may determine the conditions of an escrow required under this subsection, but the Administrator may not reject a depository solely because of location in another state.
9. The Administrator by regulation may require as a condition of registration under NRS 90.480 or 90.490 that the proceeds from the sale of the registered security in this state must be impounded until the issuer receives a specified amount from the sale of the security. The Administrator by regulation or order may determine the conditions of an impounding arrangement required under this subsection, but the Administrator may not reject a depository solely because of its location in another state.
10. If a security is registered pursuant to NRS 90.470 or 90.480, the prospectus filed under the Securities Act of 1933 must be delivered to each purchaser in accordance with the requirements of that act for the delivery of a prospectus.
11. If a security is registered pursuant to NRS 90.490, an offering document containing information the Administrator by regulation or order designates must be delivered to each purchaser with or before the earliest of:
(a) The first written offer made to the purchaser by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer who is offering part of an unsold allotment or subscription taken by it as a participant in the distribution;
(b) Confirmation of a sale made by or for the account of a person named in paragraph (a);
(c) Payment pursuant to a sale; or
(d) Delivery pursuant to a sale.
12. Except for a registration statement under which an indefinite amount of securities are registered as provided in subsection 3, a statement remains effective for 1 year after its effective date unless the Administrator by regulation extends the period of effectiveness. A registration statement under which an indefinite amount of securities are registered remains effective until 60 days after the beginning of the registrants next fiscal year following the date the statement was filed. All outstanding securities of the same class as a registered security are considered to be registered for the purpose of a nonissuer transaction while the registration statement is effective, unless the Administrator by regulation or order provides otherwise. A registration statement may not be withdrawn after its effective date if any of the securities registered have been sold in this state, unless the Administrator by regulation or order provides otherwise. No registration statement is effective while an order is in effect under subsection 1 of NRS 90.510.
13. During the period that an offering is being made pursuant to an effective registration statement, the Administrator by regulation or order may require the person who filed the registration statement to file reports, not more often than quarterly, to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering.
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contained in the registration statement and to disclose the progress of the offering.
14. A registration statement filed under NRS 90.470 or 90.480 may be amended after its effective date to increase the securities specified to be offered and sold. The amendment becomes effective upon filing of the amendment and payment of an additional filing fee of 3 times the fee otherwise payable, calculated in the manner specified in subsection 2, with respect to the additional securities to be offered and sold. The effectiveness of the amendment relates back to the date or dates of sale of the additional securities being registered.
15. A registration statement filed under NRS 90.490 may be amended after its effective date to increase the securities specified to be offered and sold, if the public offering price and underwriters discounts and commissions are not changed from the respective amounts which the Administrator was informed. The amendment becomes effective when the Administrator so orders and relates back to the date of sale of the additional securities being registered. A person filing an amendment shall pay an additional filing fee of 3 times the fee otherwise payable, calculated in the manner specified in subsection 2, with respect to the additional securities to be offered and sold.
Sec. 193. NRS 90.520 is hereby amended to read as follows:
90.520 1. As used in this section:
(a) Guaranteed means guaranteed as to payment of all or substantially all of principal and interest or dividends.
(b) Insured means insured as to payment of all or substantially all of principal and interest or dividends.
2. Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:
(a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:
(1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration pursuant to paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;
(2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or
(3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moodys Investors Service, Inc., or Standard and Poors Ratings Services.
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(b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.
(c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.
(d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.
(e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:
(1) Subject to the jurisdiction of the Surface Transportation Board;
(2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;
(3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or
(4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.
(f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt pursuant to this section.
(g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the [Midwest] Chicago Stock Exchange, the Pacific Stock Exchange or other exchange designated by the Administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.
(h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity [,] or other interest underlying the option is:
(1) Registered under NRS 90.470, 90.480 or 90.490;
(2) Exempt pursuant to this section; or
(3) Not otherwise required to be registered under this chapter.
(j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce , or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the Administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the Administrator by order does not disallow the exemption within the next 5 full business days.
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commerce , or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the Administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the Administrator by order does not disallow the exemption within the next 5 full business days.
(k) A promissory note, draft, bill of exchange or bankers acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
(l) A security issued in connection with an employees stock purchase, savings, option, profit-sharing, pension or similar employees benefit plan.
(m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the general public.
(n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:
(1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Advisers Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt pursuant to this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or
(2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt pursuant to this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.
3. For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
4. The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the Administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee [of:
(a) Two hundred and fifty dollars] :
(a) Of $500 for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or
(b) [One hundred and fifty dollars] Of $300 for the initial claim of exemption in the case of a unit investment trust.
5. An exemption provided by paragraph (c), (e), (f), (i) or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the Administrator and a nonrefundable fee of [$150] $300 has been paid.
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preceding the use of the exemption, a notice of claim of exemption has been filed with the Administrator and a nonrefundable fee of [$150] $300 has been paid.
Sec. 194. NRS 90.530 is hereby amended to read as follows:
90.530 The following transactions are exempt from NRS 90.460 and 90.560:
1. An isolated nonissuer transaction, whether or not effected through a broker-dealer.
2. A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 781, and has been subject to the reporting requirements of section 13 or [15(c)] 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78m and 78o(d), for not less than 90 days next preceding the transaction, or has filed and maintained with the Administrator for not less than 90 days preceding the transaction information, in such form as the Administrator, by regulation, specifies, substantially comparable to the information the issuer would be required to file under section 12(b) or 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78l(b) and 78l(g), were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and paid a fee of $300 with the filing . [of $150.]
3. A nonissuer transaction by a sales representative licensed in this state, in an outstanding security if:
(a) The security is sold at a price reasonably related to the current market price of the security at the time of the transaction;
(b) The security does not constitute all or part of an unsold allotment to, or subscription or participation by, a broker-dealer as an underwriter of the security;
(c) At the time of the transaction, a recognized securities manual designated by the Administrator by regulation or order contains the names of the issuers officers and directors, a statement of the financial condition of the issuer as of a date within the preceding 18 months, and a statement of income or operations for each of the last 2 years next preceding the date of the statement of financial condition, or for the period as of the date of the statement of financial condition if the period of existence is less than 2 years;
(d) The issuer of the security has not undergone a major reorganization, merger or acquisition within the preceding 30 days which is not reflected in the information contained in the manual; and
(e) At the time of the transaction, the issuer of the security has a class of equity security listed on the New York Stock Exchange, American Stock Exchange or other exchange designated by the Administrator, or on the National Market System of the National Association of Securities Dealers Automated Quotation System. The requirements of this paragraph do not apply if:
(1) The security has been outstanding for at least 180 days;
(2) The issuer of the security is actually engaged in business and is not developing his business, in bankruptcy or in receivership; and
(3) The issuer of the security has been in continuous operation for at least 5 years.
4. A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision if there has been no default during the current fiscal year or within the 3 preceding years, or during the existence of the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.
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the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.
5. A nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to purchase.
6. A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters.
7. A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit.
8. A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator.
9. A transaction executed by a bona fide secured party without the purpose of evading this chapter.
10. An offer to sell or the sale of a security to a financial or institutional investor or to a broker-dealer.
11. Except as otherwise provided in this subsection, a transaction pursuant to an offer to sell securities of an issuer if:
(a) The transaction is part of an issue in which there are not more than 25 purchasers in this state, other than those designated in subsection 10, during any 12 consecutive months;
(b) No general solicitation or general advertising is used in connection with the offer to sell or sale of the securities;
(c) No commission or other similar compensation is paid or given, directly or indirectly, to a person, other than a broker-dealer licensed or not required to be licensed under this chapter, for soliciting a prospective purchaser in this state; and
(d) One of the following conditions is satisfied:
(1) The seller reasonably believes that all the purchasers in this state, other than those designated in subsection 10, are purchasing for investment; or
(2) Immediately before and immediately after the transaction, the issuer reasonably believes that the securities of the issuer are held by 50 or fewer beneficial owners, other than those designated in subsection 10, and the transaction is part of an aggregate offering that does not exceed $500,000 during any 12 consecutive months.
The Administrator by rule or order as to a security or transaction or a type of security or transaction [,] may withdraw or further condition the exemption set forth in this subsection or waive one or more of the conditions of the exemption.
12. An offer to sell or sale of a preorganization certificate or subscription if:
(a) No commission or other similar compensation is paid or given, directly or indirectly, for soliciting a prospective subscriber;
(b) No public advertising or general solicitation is used in connection with the offer to sell or sale;
(c) The number of offers does not exceed 50;
(d) The number of subscribers does not exceed 10; and
(e) No payment is made by a subscriber.
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13. An offer to sell or sale of a preorganization certificate or subscription issued in connection with the organization of a depository institution if that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution. For the purpose of this subsection, under the supervision of an official or agency means that the official or agency by law has authority to require disclosures to prospective investors similar to those required under NRS 90.490, impound proceeds from the sale of a preorganization certificate or subscription until organization of the depository institution is completed, and require refund to investors if the depository institution does not obtain a grant of authority from the appropriate official or agency.
14. A transaction pursuant to an offer to sell to existing security holders of the issuer, including persons who at the time of the transaction are holders of transferable warrants exercisable within not more than 90 days after their issuance, convertible securities or nontransferable warrants, if:
(a) No commission or other similar compensation , other than a standby commission, is paid or given, directly or indirectly, for soliciting a security holder in this state; or
(b) The issuer first files a notice specifying the terms of the offer to sell, together with a nonrefundable fee of [$150,] $300, and the Administrator does not by order disallow the exemption within the next 5 full business days.
15. A transaction involving an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:
(a) A registration or offering statement or similar document as required under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., has been filed, but is not effective;
(b) A registration statement, if required, has been filed under this chapter, but is not effective; and
(c) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator or the Securities and Exchange Commission, and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.
16. A transaction involving an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:
(a) A registration statement has been filed under this chapter, but is not effective; and
(b) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.
17. A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties, if:
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(a) The securities to be distributed are registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., before the consummation of the transaction; or
(b) The securities to be distributed are not required to be registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., written notice of the transaction and a copy of the materials, if any, by which approval of the transaction will be solicited, together with a nonrefundable fee of [$150,] $300, are given to the Administrator at least 10 days before the consummation of the transaction and the Administrator does not, by order, disallow the exemption within the next 10 days.
18. A transaction involving the offer to sell or sale of one or more promissory notes each of which is directly secured by a first lien on a single parcel of real estate, or a transaction involving the offer to sell or sale of participation interests in the notes if the notes and participation interests are originated by a depository institution and are offered and sold subject to the following conditions:
(a) The minimum aggregate sales price paid by each purchaser may not be less than $250,000;
(b) Each purchaser must pay cash either at the time of the sale or within 60 days after the sale; and
(c) Each purchaser may buy for his own account only.
19. A transaction involving the offer to sell or sale of one or more promissory notes directly secured by a first lien on a single parcel of real estate or participating interests in the notes, if the notes and interests are originated by a mortgagee approved by the Secretary of Housing and Urban Development under sections 203 and 211 of the National Housing Act, 12 U.S.C. §§ 1709 and 1715b, and are offered or sold, subject to the conditions specified in subsection 18, to a depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.
20. A transaction between any of the persons described in subsection 19 involving a nonassignable contract to buy or sell the securities described in subsection 18 if the contract is to be completed within 2 years and if:
(a) The seller of the securities pursuant to the contract is one of the parties described in subsection 18 or 19 who may originate securities;
(b) The purchaser of securities pursuant to a contract is any other person described in subsection 19; and
(c) The conditions described in subsection 18 are fulfilled.
21. A transaction involving one or more promissory notes secured by a lien on real estate, or participating interests in those notes, by:
(a) A mortgage company licensed pursuant to chapter 645E of NRS to engage in those transactions; or
(b) A mortgage broker licensed pursuant to chapter 645B of NRS to engage in those transactions.
Sec. 195. NRS 90.540 is hereby amended to read as follows:
90.540 The Administrator by regulation or order may:
1. Exempt any other security or transaction or class of securities or transactions from NRS 90.460 and 90.560.
2. Adopt a transactional exemption for limited offerings that will further the objectives of compatibility with the exemptions from securities registration authorized by the Securities Act of 1933 and uniformity among the states.
κ2003 Statutes of Nevada, 20th Special Session, Page 125 (CHAPTER 4, SB 2)κ
3. Require the filing of a notice and the payment of a fee not greater than [$250] $500 for an exemption adopted pursuant to this section.
Sec. 196. Chapter 92A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each document filed with the Secretary of State pursuant to this chapter must be on or accompanied by a form prescribed by the Secretary of State.
2. The Secretary of State may refuse to file a document which does not comply with subsection 1 or which does not contain all of the information required by statute for filing the document.
3. If the provisions of the form prescribed by the Secretary of State conflict with the provisions of any document that is submitted for filing with the form:
(a) The provisions of the form control for all purposes with respect to the information that is required by statute to appear in the document in order for the document to be filed; and
(b) Unless otherwise provided in the document, the provisions of the document control in every other situation.
4. The Secretary of State may by regulation provide for the electronic filing of documents with the Office of the Secretary of State.
Sec. 197. NRS 92A.190 is hereby amended to read as follows:
92A.190 1. One or more foreign entities may merge or enter into an exchange of owners interests with one or more domestic entities if:
(a) In a merger, the merger is permitted by the law of the jurisdiction under whose law each foreign entity is organized and governed and each foreign entity complies with that law in effecting the merger;
(b) In an exchange, the entity whose owners interests will be acquired is a domestic entity, whether or not an exchange of owners interests is permitted by the law of the jurisdiction under whose law the acquiring entity is organized;
(c) The foreign entity complies with NRS 92A.200 to 92A.240, inclusive, if it is the surviving entity in the merger or acquiring entity in the exchange and sets forth in the articles of merger or exchange its address where copies of process may be sent by the Secretary of State; and
(d) Each domestic entity complies with the applicable provisions of NRS 92A.100 to 92A.180, inclusive, and, if it is the surviving entity in the merger or acquiring entity in the exchange, with NRS 92A.200 to 92A.240, inclusive.
2. When the merger or exchange takes effect, the surviving foreign entity in a merger and the acquiring foreign entity in an exchange shall be deemed:
(a) To appoint the Secretary of State as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting owners of each domestic entity that was a party to the merger or exchange. Service of such process must be made by personally delivering to and leaving with the Secretary of State duplicate copies of the process and the payment of a fee of [$50] $100 for accepting and transmitting the process. The Secretary of State shall forthwith send by registered or certified mail one of the copies to the surviving or acquiring entity at its specified address, unless the surviving or acquiring entity has designated in writing to the Secretary of State a different address for that purpose, in which case it must be mailed to the last address so designated.
κ2003 Statutes of Nevada, 20th Special Session, Page 126 (CHAPTER 4, SB 2)κ
(b) To agree that it will promptly pay to the dissenting owners of each domestic entity that is a party to the merger or exchange the amount, if any, to which they are entitled under or created pursuant to NRS 92A.300 to 92A.500, inclusive.
3. This section does not limit the power of a foreign entity to acquire all or part of the owners interests of one or more classes or series of a domestic entity through a voluntary exchange or otherwise.
Sec. 198. NRS 92A.195 is hereby amended to read as follows:
92A.195 1. One foreign entity or foreign general partnership may convert into one domestic entity if:
(a) The conversion is permitted by the law of the jurisdiction governing the foreign entity or foreign general partnership and the foreign entity or foreign general partnership complies with that law in effecting the conversion;
(b) The foreign entity or foreign general partnership complies with the applicable provisions of NRS 92A.205 and, if it is the resulting entity in the conversion, with NRS 92A.210 to 92A.240, inclusive; and
(c) The domestic entity complies with the applicable provisions of NRS 92A.105, 92A.120, 92A.135, 92A.140 and 92A.165 and, if it is the resulting entity in the conversion, with NRS 92A.205 to 92A.240, inclusive.
2. When the conversion takes effect, the resulting foreign entity in a conversion shall be deemed to have appointed the Secretary of State as its agent for service of process in a proceeding to enforce any obligation. Service of process must be made personally by delivering to and leaving with the Secretary of State duplicate copies of the process and the payment of a fee of [$25] $100 for accepting and transmitting the process. The Secretary of State shall send one of the copies of the process by registered or certified mail to the resulting entity at its specified address, unless the resulting entity has designated in writing to the Secretary of State a different address for that purpose, in which case it must be mailed to the last address so designated.
Sec. 199. NRS 92A.200 is hereby amended to read as follows:
92A.200 After a plan of merger or exchange is approved as required by this chapter, the surviving or acquiring entity shall deliver to the Secretary of State for filing articles of merger or exchange setting forth:
1. The name and jurisdiction of organization of each constituent entity;
2. That a plan of merger or exchange has been adopted by each constituent entity [;] or the parent domestic entity only, if the merger is pursuant to NRS 92A.180;
3. If approval of the owners of one or more constituent entities was not required, a statement to that effect and the name of each entity;
4. If approval of owners of one or more constituent entities was required, the name of each entity and a statement for each entity that:
(a) The plan was approved by the required consent of the owners; or
(b) A plan was submitted to the owners pursuant to this chapter including:
(1) The designation, percentage of total vote or number of votes entitled to be cast by each class of owners interests entitled to vote separately on the plan; and
(2) Either the total number of votes or percentage of owners interests cast for and against the plan by the owners of each class of interests entitled to vote separately on the plan or the total number of undisputed votes or undisputed total percentage of owners interests cast for the plan separately by the owners of each class,
κ2003 Statutes of Nevada, 20th Special Session, Page 127 (CHAPTER 4, SB 2)κ
or undisputed total percentage of owners interests cast for the plan separately by the owners of each class,
and the number of votes or percentage of owners interests cast for the plan by the owners of each class of interests was sufficient for approval by the owners of that class;
5. In the case of a merger, the amendment, if any, to the articles of incorporation, articles of organization, certificate of limited partnership or certificate of trust of the surviving entity, which amendment may be set forth in the articles of merger as a specific amendment or in the form of:
(a) Amended and restated articles of incorporation;
(b) Amended and restated articles of organization;
(c) An amended and restated certificate of limited partnership; or
(d) An amended and restated certificate of trust,
or attached in that form as an exhibit; and
6. If the entire plan of merger or exchange is not set forth, a statement that the complete executed plan of merger or plan of exchange is on file at the registered office if a corporation, limited-liability company or business trust, or office described in paragraph (a) of subsection 1 of NRS 88.330 if a limited partnership, or other place of business of the surviving entity or the acquiring entity, respectively.
Any of the terms of the plan of merger, conversion or exchange may be made dependent upon facts ascertainable outside of the plan of merger, conversion or exchange, provided that the plan of merger, conversion or exchange clearly and expressly sets forth the manner in which such facts shall operate upon the terms of the plan. As used in this section, the term facts includes, without limitation, the occurrence of an event, including a determination or action by a person or body, including a constituent entity.
Sec. 200. NRS 92A.205 is hereby amended to read as follows:
92A.205 1. After a plan of conversion is approved as required by this chapter, if the resulting entity is a domestic entity, the constituent entity shall deliver to the Secretary of State for filing:
(a) Articles of conversion setting forth:
(1) The name and jurisdiction of organization of the constituent entity and the resulting entity; and
(2) That a plan of conversion has been adopted by the constituent entity in compliance with the law of the jurisdiction governing the constituent entity.
(b) The following constituent document of the domestic resulting entity:
(1) If the resulting entity is a domestic corporation, the articles of incorporation to be filed in compliance with chapter 78 , 78A, 82 or 89 of NRS, as applicable;
(2) If the resulting entity is a domestic limited partnership, the certificate of limited partnership to be filed in compliance with chapter 88 of NRS;
(3) If the resulting entity is a domestic limited-liability company, the articles of organization to be filed in compliance with chapter 86 of NRS; or
(4) If the resulting entity is a domestic business trust, the certificate of trust to be filed in compliance with chapter 88A of NRS.
(c) A certificate of acceptance of appointment of a resident agent for the resulting entity which is executed by the resident agent.
κ2003 Statutes of Nevada, 20th Special Session, Page 128 (CHAPTER 4, SB 2)κ
2. After a plan of conversion is approved as required by this chapter, if the resulting entity is a foreign entity, the constituent entity shall deliver to the Secretary of State for filing articles of conversion setting forth:
(a) The name and jurisdiction of organization of the constituent entity and the resulting entity;
(b) That a plan of conversion has been adopted by the constituent entity in compliance with the laws of this state; and
(c) The address of the resulting entity where copies of process may be sent by the Secretary of State.
3. If the entire plan of conversion is not set forth in the articles of conversion, the filing party must include in the articles of conversion a statement that the complete executed plan of conversion is on file at the registered office or principal place of business of the resulting entity or, if the resulting entity is a domestic limited partnership, the office described in paragraph (a) of subsection 1 of NRS 88.330.
4. If the conversion takes effect on a later date specified in the articles of conversion pursuant to NRS 92A.240, the constituent document filed with the Secretary of State pursuant to paragraph (b) of subsection 1 must state the name and the jurisdiction of the constituent entity and that the existence of the resulting entity does not begin until the later date.
5. Any documents filed with the Secretary of State pursuant to this section must be accompanied by the fees required pursuant to this title for filing the constituent document.
Sec. 201. NRS 92A.210 is hereby amended to read as follows:
92A.210 1. Except as otherwise provided in this section, the fee for filing articles of merger, articles of conversion, articles of exchange, articles of domestication or articles of termination is [$325.] $350. The fee for filing the constituent documents of a domestic resulting entity is the fee for filing the constituent documents determined by the chapter of NRS governing the particular domestic resulting entity.
2. The fee for filing articles of merger of two or more domestic corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporation.
3. The fee for filing articles of merger of one or more domestic corporations with one or more foreign corporations is the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized stock of the corporation created by the merger and the fee computed upon the aggregate amount of the total authorized stock of the constituent corporations which have paid the fees required by NRS 78.760 and 80.050.
4. The fee for filing articles of merger of two or more domestic or foreign corporations must not be less than [$325.] $350. The amount paid pursuant to subsection 3 must not exceed [$25,000.] $35,000.
Sec. 202. NRS 14.020 is hereby amended to read as follows:
14.020 1. Every corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust and municipal corporation created and existing under the laws of any other state, territory, or foreign government, or the Government of the United States, doing business in this state shall appoint and keep in this state a resident agent who resides or is located in this state, upon whom all legal process and any demand or notice authorized by law to be served upon it may be served in the manner provided in subsection 2.
κ2003 Statutes of Nevada, 20th Special Session, Page 129 (CHAPTER 4, SB 2)κ
upon whom all legal process and any demand or notice authorized by law to be served upon it may be served in the manner provided in subsection 2. The corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust or municipal corporation shall file with the Secretary of State a certificate of acceptance of appointment signed by its resident agent. The certificate must set forth the full name and address of the resident agent. [The] A certificate of change of resident agent must be [renewed] filed in the manner provided in title 7 of NRS [whenever a change is made in the appointment or a vacancy occurs in the agency.] if the corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust or municipal corporation desires to change its resident agent. A certificate of name change of resident agent must be filed in the manner provided in title 7 of NRS if the name of a resident is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment.
2. All legal process and any demand or notice authorized by law to be served upon the foreign corporation, limited-liability company, limited-liability partnership, limited partnership, limited-liability limited partnership, business trust or municipal corporation may be served upon the resident agent personally or by leaving a true copy thereof with a person of suitable age and discretion at the address shown on the current certificate of acceptance filed with the Secretary of State.
3. Subsection 2 provides an additional mode and manner of serving process, demand or notice and does not affect the validity of any other service authorized by law.
Sec. 203. NRS 104.9525 is hereby amended to read as follows:
104.9525 1. Except as otherwise provided in subsection 5, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in subsection 2 of NRS 104.9502, is:
(a) [Twenty] Forty dollars if the record is communicated in writing and consists of one or two pages;
(b) [Forty] Sixty dollars if the record is communicated in writing and consists of more than two pages, and [$1] $2 for each page over 20 pages;
(c) [Ten] Twenty dollars if the record is communicated by another medium authorized by filing-office rule; and
(d) [One dollar] Two dollars for each additional debtor, trade name or reference to another name under which business is done.
2. The filing officer may charge and collect [$1] $2 for each page of copy or record of filings produced by him at the request of any person.
3. Except as otherwise provided in subsection 5, the fee for filing and indexing an initial financing statement of the kind described in subsection 3 of NRS 104.9502 is:
(a) [Forty] Sixty dollars if the financing statement indicates that it is filed in connection with a public-finance transaction; and
(b) [Twenty] Forty dollars if the financing statement indicates that it is filed in connection with a manufactured-home transaction.
4. The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is:
(a) [Twenty] Forty dollars if the request is communicated in writing; and
κ2003 Statutes of Nevada, 20th Special Session, Page 130 (CHAPTER 4, SB 2)κ
(b) [Fifteen] Twenty dollars if the request is communicated by another medium authorized by filing-office rule.
5. This section does not require a fee with respect to a mortgage that is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under subsection 3 of NRS 104.9502. However, the fees for recording and satisfaction which otherwise would be applicable to the mortgage apply.
Sec. 204. NRS 105.070 is hereby amended to read as follows:
105.070 1. The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2. The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3. The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility to show the date and place of filing is:
(a) [Twenty] Forty dollars if the record is communicated in writing and consists of one or two pages;
(b) [Forty] Sixty dollars if the record is communicated in writing and consists of more than two pages, and [$1] $2 for each page over 20 pages;
(c) [Ten] Twenty dollars if the record is communicated by another medium authorized by filing-office rule; and
(d) [One dollar] Two dollars for each additional debtor, trade name or reference to another name under which business is done.
Sec. 205. NRS 105.080 is hereby amended to read as follows:
105.080 1. Upon the request of any person, the Secretary of State shall issue his certificate showing whether there is on file, on the date and hour stated therein, any presently effective security instrument naming a particular public utility and, if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is:
(a) [Twenty] Forty dollars if the request is communicated in writing; and
(b) [Fifteen] Twenty dollars if the request is communicated by another medium authorized by filing-office rule.
2. Upon request, the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
Sec. 206. NRS 116.3101 is hereby amended to read as follows:
116.3101 1. A unit-owners association must be organized no later than the date the first unit in the common-interest community is conveyed.
2. The membership of the association at all times consists exclusively of all units owners or, following termination of the common-interest community, of all owners of former units entitled to distributions of proceeds under NRS 116.2118, 116.21183 and 116.21185, or their heirs, successors or assigns.
3. The association must [be] :
(a) Be organized as a profit or nonprofit corporation, trust or partnership [.] ;
κ2003 Statutes of Nevada, 20th Special Session, Page 131 (CHAPTER 4, SB 2)κ
(b) Include in its articles of incorporation, certificate of registration or certificates of limited partnership, or any certificate of amendment thereof, that the purpose of the corporation is to operate as an association pursuant to this chapter;
(c) Contain in its name the words homeowners association or unit-owners association; and
(d) Comply with the provisions of chapters 78, 82, 87 and 88 of NRS when filing articles of incorporation, certificates of registration or certificates of limited partnership, or any certificate of amendment thereof, with the Secretary of State.
Sec. 207. NRS 225.140 is hereby amended to read as follows:
225.140 1. Except as otherwise provided in subsection 2, in addition to other fees authorized by law, the Secretary of State shall charge and collect the following fees:
[For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, other than a document required to be filed pursuant to title 24 of NRS, per page.............................. $1.00
For a copy of any document required to be filed pursuant to title 24 of NRS, per page........................ $.50]
For certifying to [any such] a copy of any law, joint resolution, transcript of record or other paper on file or of record with the Secretary of State, including, but not limited to, a document required to be filed pursuant to title 24 of NRS, and use of the State Seal, for each impression............................. [10.00] $20
For each passport or other document signed by the Governor and attested by the Secretary of State [10.00] 10
[For a negotiable instrument returned unpaid.................................................................................................. 10.00]
2. The Secretary of State:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the Governor, either for the use of the State Seal or otherwise.
(d) May charge a reasonable fee, not to exceed:
(1) Five hundred dollars, for providing service within 2 hours after the time the service is requested; and
(2) One hundred twenty-five dollars, for providing any other special service, including, but not limited to, providing service more than 2 hours but within 24 hours after the time the service is requested, accepting documents filed by facsimile machine and other use of new technology.
(e) Shall charge a fee, not to exceed the actual cost to the Secretary of State, for providing:
κ2003 Statutes of Nevada, 20th Special Session, Page 132 (CHAPTER 4, SB 2)κ
(1) A copy of any record kept in his office that is stored on a computer or on microfilm if the copy is provided on a tape, disc or other medium used for the storage of information by a computer or on duplicate film.
(2) Access to his computer database on which records are stored.
3. From each fee collected pursuant to paragraph (d) of subsection 2:
(a) The entire amount or [$50,] $62.50, whichever is less, of the fee collected pursuant to subparagraph (1) of that paragraph and half of the fee collected pursuant to subparagraph (2) of that paragraph must be deposited with the State Treasurer for credit to the Account for Special Services of the Secretary of State in the State General Fund. Any amount remaining in the Account at the end of a fiscal year in excess of $2,000,000 must be transferred to the State General Fund. Money in the Account may be transferred to the Secretary of States operating general fund budget account and must only be used to create and maintain the capability of the Office of the Secretary of State to provide special services, including, but not limited to, providing service:
(1) On the day it is requested or within 24 hours; or
(2) Necessary to increase or maintain the efficiency of the Office.
Any transfer of money from the Account for expenditure by the Secretary of State must be approved by the Interim Finance Committee.
(b) After deducting the amount required pursuant to paragraph (a), the remainder must be deposited with the State Treasurer for credit to the State General Fund.
Sec. 208. 1. This section and sections 189 to 195, inclusive, and 203 of this act become effective on September 1, 2003.
2. Sections 1 to 188, inclusive, 196 to 202, inclusive, and 204 to 207, inclusive, of this act become effective:
(a) Except as otherwise provided in paragraph (b) or (c), on November 1, 2003.
(b) On January 1, 2004, for the purpose of requiring a resident agent who desires to resign to file a statement of resignation for each artificial person formed, organized, registered or qualified pursuant to the provisions of title 7 of NRS for which the resident agent is unwilling to continue to act as the resident agent for the service of process.
(c) On January 1, 2004, for the purpose of requiring a resident agent to file a certificate of name change of resident agent if the name of the resident agent is changed as a result of a merger, conversion, exchange, sale, reorganization or amendment.
________
κ2003 Statutes of Nevada, 20th Special Session, Page 133κ
Senate Bill No. 8Committee of the Whole
CHAPTER 5
AN ACT relating to state financial administration; providing for the imposition and administration of certain excise taxes on financial institutions; providing for the imposition and administration of an excise tax on employers based on wages paid to their employees; replacing the casino entertainment tax with a tax on all live entertainment; eliminating the tax imposed on the privilege of conducting business in this state; revising the taxes on liquor and cigarettes; imposing a state tax on the transfer of real property and revising the provisions governing the existing tax; revising the fees charged for certain gaming licenses; establishing the Legislative Committee on Taxation, Public Revenue and Tax Policy; requiring the Legislative Auditor to conduct performance audits of certain school districts; requiring the Department of Education to prescribe a minimum amount of money that each school district must expend each year for textbooks, instructional supplies and instructional hardware; revising provisions governing the purchase of retirement credit for certain educational personnel; apportioning the State Distributive School Account in the State General Fund for the 2003-2005 biennium; making appropriations to the State Distributive School Account for purposes relating to class-size reduction; making various other changes relating to state financial administration; authorizing certain expenditures; making an additional appropriation; providing penalties; and providing other matters properly relating thereto.
[Approved: July 22, 2003]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Commission means the Nevada Tax Commission.
Sec. 4. Employer means any financial institution who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter, except an Indian tribe, a nonprofit organization or a political subdivision. For the purposes of this section:
1. Indian tribe includes any entity described in subsection 10 of NRS 612.055.
2. Nonprofit organization means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
3. Political subdivision means any entity described in subsection 9 of NRS 612.055.
κ2003 Statutes of Nevada, 20th Special Session, Page 134 (CHAPTER 5, SB 8)κ
Sec. 5. Employment has the meaning ascribed to it in NRS 612.065 to 612.145, inclusive.
Sec. 5.5. 1. Except as otherwise provided in subsection 2, financial institution means:
(a) An institution licensed, registered or otherwise authorized to do business in this state pursuant to the provisions of chapter 604, 645B, 645E or 649 of NRS or title 55 or 56 of NRS, or a similar institution chartered or licensed pursuant to federal law and doing business in this state;
(b) Any person primarily engaged in:
(1) The purchase, sale and brokerage of securities;
(2) Originating, underwriting and distributing issues of securities;
(3) Buying and selling commodity contracts on either a spot or future basis for the persons own account or for the account of others, if the person is a member or is associated with a member of a recognized commodity exchange;
(4) Furnishing space and other facilities to members for the purpose of buying, selling or otherwise trading in stocks, stock options, bonds or commodity contracts;
(5) Furnishing investment information and advice to others concerning securities on a contract or fee basis;
(6) Furnishing services to holders of or brokers or dealers in securities or commodities;
(7) Holding or owning the securities of banks for the sole purpose of exercising some degree of control over the activities of the banks whose securities the person holds;
(8) Holding or owning securities of companies other than banks, for the sole purpose of exercising some degree of control over the activities of the companies whose securities the person holds;
(9) Issuing shares, other than unit investment trusts and face-amount certificate companies, whose shares contain a provision requiring redemption by the company upon request of the holder of the security;
(10) Issuing shares, other than unit investment trusts and face-amount certificate companies, whose shares contain no provision requiring redemption by the company upon request by the holder of the security;
(11) Issuing unit investment trusts or face-amount certificates;
(12) The management of the money of trusts and foundations organized for religious, educational, charitable or nonprofit research purposes;
(13) The management of the money of trusts and foundations organized for purposes other than religious, educational, charitable or nonprofit research;
(14) Investing in oil and gas royalties or leases, or fractional interests therein;
(15) Owning or leasing franchises, patents and copyrights which the person in turn licenses others to use;
(16) Closed-end investments in real estate or related mortgage assets operating in such a manner as to meet the requirements of the Real Estate Investment Trust Act of 1960, as amended;
(17) Investing; or
(18) Any combination of the activities described in this paragraph,
who is doing business in this state;
κ2003 Statutes of Nevada, 20th Special Session, Page 135 (CHAPTER 5, SB 8)κ
(c) Any other person conducting loan or credit card processing activities in this state; and
(d) Any other bank, bank holding company, national bank, savings association, federal savings bank, trust company, credit union, building and loan association, investment company, registered broker or dealer in securities or commodities, finance company, dealer in commercial paper or other business entity engaged in the business of lending money, providing credit, securitizing receivables or fleet leasing, or any related business entity, doing business in this state.
2. The term does not include a credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act.
Sec. 6. Taxpayer means any person liable for a tax imposed by this chapter.
Sec. 7. The Department shall:
1. Administer and enforce the provisions of this chapter, and may adopt such regulations as it deems appropriate for those purposes.
2. Deposit all taxes, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund.
Sec. 8. 1. Each person responsible for maintaining the records of a taxpayer shall:
(a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;
(b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and
(c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.
2. The Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a taxpayer pursuant to the provisions of this chapter.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 9. 1. To verify the accuracy of any return filed or, if no return is filed by a taxpayer, to determine the amount required to be paid, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for a tax imposed by this chapter.
2. Any person who may be liable for a tax imposed by this chapter and who keeps outside of this state any books, papers and records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
Sec. 9.5. The Executive Director may request from any other governmental agency or officer such information as he deems necessary to carry out the provisions of this chapter. If the Executive Director obtains any confidential information pursuant to such a request, he shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.
κ2003 Statutes of Nevada, 20th Special Session, Page 136 (CHAPTER 5, SB 8)κ
Sec. 10. 1. Except as otherwise provided in this section and NRS 360.250, the records and files of the Department concerning the administration of this chapter are confidential and privileged. The Department, and any employee engaged in the administration of this chapter or charged with the custody of any such records or files, shall not disclose any information obtained from the Departments records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.
2. The records and files of the Department concerning the administration of this chapter are not confidential and privileged in the following cases:
(a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.
(b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.
(c) Publication of statistics so classified as to prevent the identification of a particular person or document.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.
(e) Disclosure in confidence to the Governor or his agent in the exercise of the Governors general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.
(f) Exchanges of information pursuant to subsection 3.
3. The Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
Sec. 10.5. 1. There is hereby imposed an excise tax on each bank at the rate of $1,750 for each branch office in excess of 1 maintained by the bank in this state on the first day of each calendar quarter.
2. Each bank that maintains more than 1 branch office in this state on the first day of a calendar quarter shall, on or before the last day of the first month of that calendar quarter:
(a) File with the Department a return on a form prescribed by the Department; and
(b) Remit to the Department any tax due pursuant to this section for the branch offices maintained by the bank in this state on the first day of that calendar quarter.
3. For the purposes of this section:
(a) Bank means:
κ2003 Statutes of Nevada, 20th Special Session, Page 137 (CHAPTER 5, SB 8)κ
(1) A corporation or limited-liability company that is chartered by this state, another state or the United States which conducts banking or banking and trust business; or
(2) A foreign bank licensed pursuant to chapter 666A of NRS.
The term does not include a financial institution engaging in business pursuant to chapter 677 of NRS or a credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act.
(b) Branch office means any location or facility of a bank where deposit accounts are opened, deposits are accepted, checks are paid and loans are granted, including, but not limited to, a brick and mortar location, a detached or attached drive-in facility, a seasonal office, an office on a military base or government installation, a station or unit for paying and receiving, and a location where a customer can open accounts, make deposits and borrow money by telephone or through use of the Internet, and excluding any automated teller machines, consumer credit offices, contractural offices, customer bank communication terminals, electronic fund transfer units and loan production offices.
Sec. 11. 1. There is hereby imposed an excise tax on each employer at the rate of 2 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment.
2. The tax imposed by this section must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.
3. Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:
(a) File with the Department:
(1) A return on a form prescribed by the Department; and
(2) A copy of any report required by the Employment Security Division of the Department of Employment, Training and Rehabilitation for determining the amount of the contribution required pursuant to NRS 612.535 for any wages paid by the employer during that calendar quarter; and
(b) Remit to the Department any tax due pursuant to this section for that calendar quarter.
4. Except as otherwise provided in subsection 5, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to this section any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:
(a) For an employer providing a program of self-insurance for its employees, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
(b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for its employees.
κ2003 Statutes of Nevada, 20th Special Session, Page 138 (CHAPTER 5, SB 8)κ
(c) Any amounts paid by an employer to a Taft-Hartley trust formed pursuant to 29 U.S.C. § 186(c)(5) for participation in an employee welfare benefit plan.
(d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.
5. An employer may not deduct from the wages upon which the excise tax is imposed pursuant to this section:
(a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or
(b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such care or insurance.
6. An employer claiming the deduction allowed pursuant to subsection 4 shall submit with the return filed pursuant to subsection 3 proof of the amount paid in the calendar quarter that qualifies for the deduction. If the amount of the deduction exceeds the amount of reported wages, the excess amount may be carried forward to the following calendar quarter until the deduction is exhausted.
7. As used in this section, employee welfare benefit plan has the meaning ascribed to it in 29 U.S.C. § 1002.
Sec. 12. Upon written application made before the date on which payment must be made, the Department may for good cause extend by 30 days the time within which a taxpayer is required to pay a tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of 1 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.
Sec. 13. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 14. If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must be credited on any amounts then due from the person under this chapter, and the balance refunded to the person or his successors in interest.
Sec. 15. 1. Except as otherwise provided in NRS 360.235 and 360.395:
(a) No refund may be allowed unless a claim for it is filed with the Department within 3 years after the last day of the month following the calendar quarter for which the overpayment was made.
(b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.
2. Each claim must be in writing and must state the specific grounds upon which the claim is founded.
κ2003 Statutes of Nevada, 20th Special Session, Page 139 (CHAPTER 5, SB 8)κ
3. Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.
4. Within 30 days after rejecting any claim in whole or in part, the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 16. 1. Except as otherwise provided in this section and NRS 360.320, interest must be paid upon any overpayment of any amount of the taxes imposed by this chapter at the rate of 0.5 percent per month, or fraction thereof, from the last day of the calendar month following the calendar quarter for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
2. The interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.
3. If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.
Sec. 17. 1. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this state or against any officer of the State to prevent or enjoin the collection under this chapter of a tax imposed by this chapter or any amount of tax, penalty or interest required to be collected.
2. No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.
Sec. 18. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the claimant may bring an action against the Department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
2. Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.
Sec. 19. 1. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
κ2003 Statutes of Nevada, 20th Special Session, Page 140 (CHAPTER 5, SB 8)κ
2. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.
3. The balance of the judgment must be refunded to the plaintiff.
Sec. 20. In any judgment, interest must be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.
Sec. 21. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
Sec. 22. 1. The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.
2. The action must be tried in Carson City or Clark County unless the court, with the consent of the Attorney General, orders a change of place of trial.
3. The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 23. 1. If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify this fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.
2. If an amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying this fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Department.
Sec. 24. 1. A person shall not:
(a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration with intent to defraud the State or to evade payment of a tax or any part of a tax imposed by this chapter.
(b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud the State or to evade the payment of a tax or any part of a tax imposed by this chapter.
(c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud the State or to evade the payment of a tax or any part of a tax imposed by this chapter.
2. Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Secs. 25-38. (Deleted.)
κ2003 Statutes of Nevada, 20th Special Session, Page 141 (CHAPTER 5, SB 8)κ
Sec. 39. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 40 to 63, inclusive, of this act.
Sec. 40. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 41 to 44, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 41. Commission means the Nevada Tax Commission.
Sec. 42. Employer means any employer who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter, except a financial institution, an Indian tribe, a nonprofit organization or a political subdivision. For the purposes of this section:
1. Financial institution has the meaning ascribed to it in section 5.5 of this act.
2. Indian tribe includes any entity described in subsection 10 of NRS 612.055.
3. Nonprofit organization means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
4. Political subdivision means any entity described in subsection 9 of NRS 612.055.
Sec. 43. Employment has the meaning ascribed to it in NRS 612.065 to 612.145, inclusive.
Sec. 44. Taxpayer means any person liable for the tax imposed by this chapter.
Sec. 45. The Department shall:
1. Administer and enforce the provisions of this chapter, and may adopt such regulations as it deems appropriate for those purposes.
2. Deposit all taxes, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund.
Sec. 46. 1. Each person responsible for maintaining the records of a taxpayer shall:
(a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;
(b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and
(c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.
2. The Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a taxpayer pursuant to the provisions of this chapter.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 47. 1. To verify the accuracy of any return filed or, if no return is filed by a taxpayer, to determine the amount required to be paid, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for the tax imposed by this chapter.
2. Any person who may be liable for the tax imposed by this chapter and who keeps outside of this state any books, papers and records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
κ2003 Statutes of Nevada, 20th Special Session, Page 142 (CHAPTER 5, SB 8)κ
of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
Sec. 48. The Executive Director may request from any other governmental agency or officer such information as he deems necessary to carry out the provisions of this chapter. If the Executive Director obtains any confidential information pursuant to such a request, he shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.
Sec. 49. 1. Except as otherwise provided in this section and NRS 360.250, the records and files of the Department concerning the administration of this chapter are confidential and privileged. The Department, and any employee engaged in the administration of this chapter or charged with the custody of any such records or files, shall not disclose any information obtained from the Departments records or files or from any examination, investigation or hearing authorized by the provisions of this chapter. Neither the Department nor any employee of the Department may be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.
2. The records and files of the Department concerning the administration of this chapter are not confidential and privileged in the following cases:
(a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter if that testimony or the records, files or information, or the facts shown thereby are directly involved in the action or proceeding.
(b) Delivery to a taxpayer or his authorized representative of a copy of any return or other document filed by the taxpayer pursuant to this chapter.
(c) Publication of statistics so classified as to prevent the identification of a particular person or document.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.
(e) Disclosure in confidence to the Governor or his agent in the exercise of the Governors general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.
(f) Exchanges of information pursuant to subsection 3.
3. The Commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
Sec. 50. 1. There is hereby imposed an excise tax on each employer at the rate of 0.7 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment.
κ2003 Statutes of Nevada, 20th Special Session, Page 143 (CHAPTER 5, SB 8)κ
2. The tax imposed by this section must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.
3. Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:
(a) File with the Department:
(1) A return on a form prescribed by the Department; and
(2) A copy of any report required by the Employment Security Division of the Department of Employment, Training and Rehabilitation for determining the amount of the contribution required pursuant to NRS 612.535 for any wages paid by the employer during that calendar quarter; and
(b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.
4. Except as otherwise provided in subsection 5, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to this section any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:
(a) For an employer providing a program of self-insurance for its employees, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
(b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for its employees.
(c) Any amounts paid by an employer to a Taft-Hartley trust formed pursuant to 29 U.S.C. § 186(c)(5) for participation in an employee welfare benefit plan.
(d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.
5. An employer may not deduct from the wages upon which the excise tax is imposed pursuant to this section:
(a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or
(b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such care or insurance.
6. An employer claiming the deduction allowed pursuant to subsection 4 shall submit with the return filed pursuant to subsection 3 proof of the amount paid in the calendar quarter that qualifies for the deduction. If the amount of the deduction exceeds the amount of reported wages, the excess amount may be carried forward to the following calendar quarter until the deduction is exhausted.
7. As used in this section, employee welfare benefit plan has the meaning ascribed to it in 29 U.S.C. § 1002.
κ2003 Statutes of Nevada, 20th Special Session, Page 144 (CHAPTER 5, SB 8)κ
Sec. 50.5. 1. An employer that qualifies pursuant to the provisions of NRS 360.750 is entitled to an exemption of 50 percent of the amount of tax otherwise due pursuant to section 50 of this act during the first 4 years of its operation.
2. If a partial abatement from the taxes otherwise due pursuant to section 50 of this act is approved by the Commission on Economic Development pursuant to NRS 360.750, the partial abatement must be administered and carried out in the manner set forth in NRS 360.750.
Sec. 51. Upon written application made before the date on which payment must be made, the Department may for good cause extend by 30 days the time within which a taxpayer is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of 1 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.
Sec. 52. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 53. If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must be credited on any amounts then due from the person under this chapter, and the balance refunded to the person or his successors in interest.
Sec. 54. 1. Except as otherwise provided in NRS 360.235 and 360.395:
(a) No refund may be allowed unless a claim for it is filed with the Department within 3 years after the last day of the month following the calendar quarter for which the overpayment was made.
(b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.
2. Each claim must be in writing and must state the specific grounds upon which the claim is founded.
3. Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.
4. Within 30 days after rejecting any claim in whole or in part, the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 55. 1. Except as otherwise provided in this section and NRS 360.320, interest must be paid upon any overpayment of any amount of the taxes imposed by this chapter at the rate of 0.5 percent per month, or fraction thereof, from the last day of the calendar month following the calendar quarter for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
κ2003 Statutes of Nevada, 20th Special Session, Page 145 (CHAPTER 5, SB 8)κ
2. The interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.
3. If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.
Sec. 56. 1. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this state or against any officer of the State to prevent or enjoin the collection under this chapter of the tax imposed by this chapter or any amount of tax, penalty or interest required to be collected.
2. No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.
Sec. 57. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the claimant may bring an action against the Department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
2. Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.
Sec. 58. 1. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
2. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.
3. The balance of the judgment must be refunded to the plaintiff.
Sec. 59. In any judgment, interest must be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.
Sec. 60. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
κ2003 Statutes of Nevada, 20th Special Session, Page 146 (CHAPTER 5, SB 8)κ
Sec. 61. 1. The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.
2. The action must be tried in Carson City or Clark County unless the court, with the consent of the Attorney General, orders a change of place of trial.
3. The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 62. 1. If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify this fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.
2. If an amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying this fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Department.
Sec. 63. 1. A person shall not:
(a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any return or declaration with intent to defraud the State or to evade payment of the tax or any part of the tax imposed by this chapter.
(b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.
(c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.
2. Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 64. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 65 to 100, inclusive, of this act.
Sec. 65. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 66 to 75, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 66. Admission charge means the total amount, expressed in terms of money, of consideration paid for the right or privilege to have access to a facility where live entertainment is provided.
Sec. 67. Board means the State Gaming Control Board.
Sec. 68. Business means any activity engaged in or caused to be engaged in by a business entity with the object of gain, benefit or advantage, either direct or indirect, to any person or governmental entity.
Sec. 69. 1. Business entity includes:
(a) A corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust and their equivalents organized under the laws of this state or another jurisdiction and any other type of entity that engages in business.
κ2003 Statutes of Nevada, 20th Special Session, Page 147 (CHAPTER 5, SB 8)κ
or another jurisdiction and any other type of entity that engages in business.
(b) A natural person engaging in a business if he is deemed to be a business entity pursuant to section 76 of this act.
2. The term does not include a governmental entity.
Sec. 70. Facility means:
1. Any area or premises where live entertainment is provided and for which consideration is collected for the right or privilege of entering that area or those premises if the live entertainment is provided at:
(a) An establishment that is not a licensed gaming establishment; or
(b) A licensed gaming establishment that is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits.
2. Any area or premises where live entertainment is provided if the live entertainment is provided at any other licensed gaming establishment.
Sec. 71. Game has the meaning ascribed to it in NRS 463.0152.
Sec. 72. Licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
Sec. 73. Live entertainment means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.
Sec. 74. Slot machine has the meaning ascribed to it in NRS 463.0191.
Sec. 75. Taxpayer means:
1. If live entertainment that is taxable under this chapter is provided at a licensed gaming establishment, the person licensed to conduct gaming at that establishment.
2. Except as otherwise provided in subsection 3, if live entertainment that is taxable under this chapter is not provided at a licensed gaming establishment, the owner or operator of the facility where the live entertainment is provided.
3. If live entertainment that is taxable under this chapter is provided at a publicly owned facility or on public land, the person who collects the taxable receipts.
Sec. 76. A natural person engaging in a business shall be deemed to be a business entity that is subject to the provisions of this chapter if the person is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business Form, or its equivalent or successor form, or a Schedule E (Form 1040), Supplemental Income and Loss Form, or its equivalent or successor form, for the business.
Sec. 77. The Department shall provide by regulation for a more detailed definition of live entertainment consistent with the general definition set forth in section 73 of this act for use by the Board and the Department in determining whether an activity is a taxable activity under the provisions of this chapter.
Sec. 78. 1. Except as otherwise provided in this section, there is hereby imposed an excise tax on admission to any facility in this state where live entertainment is provided. If the live entertainment is provided at a facility with a maximum seating capacity of:
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(a) Less than 7,500, the rate of the tax is 10 percent of the admission charge to the facility plus 10 percent of any amounts paid for food, refreshments and merchandise purchased at the facility.
(b) At least 7,500, the rate of the tax is 5 percent of the admission charge to the facility.
2. Amounts paid for gratuities directly or indirectly remitted to persons employed at a facility where live entertainment is provided or for service charges, including those imposed in connection with the use of credit cards or debit cards, which are collected and retained by persons other than the taxpayer are not taxable pursuant to this section.
3. A business entity that collects any amount that is taxable pursuant to subsection 1 is liable for the tax imposed, but is entitled to collect reimbursement from any person paying that amount.
4. Any ticket for live entertainment must state whether the tax imposed by this section is included in the price of the ticket. If the ticket does not include such a statement, the taxpayer shall pay the tax based on the face amount of the ticket.
5. The tax imposed by subsection 1 does not apply to:
(a) Live entertainment that this state is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.
(b) Live entertainment that is provided by or entirely for the benefit of a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(c) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(d) Live entertainment that is not provided at a licensed gaming establishment if the facility in which the live entertainment is provided has a maximum seating capacity of less than 300.
(e) Live entertainment that is provided at a licensed gaming establishment that is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits, if the facility in which the live entertainment is provided has a maximum seating capacity of less than 300.
(f) Merchandise sold outside the facility in which the live entertainment is provided, unless the purchase of the merchandise entitles the purchaser to admission to the entertainment.
(g) Live entertainment that is provided at a trade show.
(h) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.
(i) Live entertainment that is provided at a licensed gaming establishment at private meetings or dinners attended by members of a particular organization or by a casual assemblage if the purpose of the event is not primarily for entertainment.
(j) Live entertainment that is provided in the common area of a shopping mall, unless the entertainment is provided in a facility located within the mall.
6. As used in this section, maximum seating capacity means, in the following order of priority:
(a) The maximum occupancy of the facility in which live entertainment is provided, as determined by the State Fire Marshal or the local governmental agency that has the authority to determine the maximum occupancy of the facility;
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governmental agency that has the authority to determine the maximum occupancy of the facility;
(b) If such a maximum occupancy has not been determined, the maximum occupancy of the facility designated in any permit required to be obtained in order to provide the live entertainment; or
(c) If such a permit does not designate the maximum occupancy of the facility, the actual seating capacity of the facility in which the live entertainment is provided.
Sec. 79. A taxpayer shall hold the amount of all taxes for which he is liable pursuant to this chapter in a separate account in trust for the State.
Sec. 80. 1. The Board shall:
(a) Collect the tax imposed by this chapter from taxpayers who are licensed gaming establishments; and
(b) Adopt such regulations as are necessary to carry out the provisions of paragraph (a). The regulations must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.
2. The Department shall:
(a) Collect the tax imposed by this chapter from all other taxpayers; and
(b) Adopt such regulations as are necessary to carry out the provisions of paragraph (a).
3. For the purposes of:
(a) Subsection 1, the provisions of chapter 463 of NRS relating to the payment, collection, administration and enforcement of gaming license fees and taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the taxes imposed by this chapter to the extent that those provisions do not conflict with the provisions of this chapter.
(b) Subsection 2, the provisions of chapter 360 of NRS relating to the payment, collection, administration and enforcement of taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the taxes imposed by this chapter to the extent that those provisions do not conflict with the provisions of this chapter.
4. To ensure that the tax imposed by section 78 of this act is collected fairly and equitably, the Board and the Department shall:
(a) Jointly, coordinate the administration and collection of that tax and the regulation of taxpayers who are liable for the payment of the tax.
(b) Upon request, assist the other agency in the collection of that tax.
Sec. 81. 1. Except as otherwise provided in this section:
(a) Each taxpayer who is a licensed gaming establishment shall file with the Board, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month. The report must be in a form prescribed by the Board.
(b) All other taxpayers shall file with the Department, on or before the last day of each month, a report showing the amount of all taxable receipts for the preceding month. The report must be in a form prescribed by the Department.
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2. The Board or the Department, if it deems it necessary to ensure payment to or facilitate the collection by the State of the tax imposed by section 78 of this act, may require reports to be filed not later than 10 days after the end of each calendar quarter.
3. Each report required to be filed by this section must be accompanied by the amount of the tax that is due for the period covered by the report.
4. The Board and the Department shall deposit all taxes, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund.
Sec. 82. Upon written application made before the date on which payment must be made, the Board or the Department may, for good cause, extend by 30 days the time within which a taxpayer is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of 1 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.
Sec. 83. 1. Each person responsible for maintaining the records of a taxpayer shall:
(a) Keep such records as may be necessary to determine the amount of the liability of the taxpayer pursuant to the provisions of this chapter;
(b) Preserve those records for:
(1) At least 5 years if the taxpayer is a licensed gaming establishment or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; or
(2) At least 4 years if the taxpayer is not a licensed gaming establishment or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and
(c) Make the records available for inspection by the Board or the Department upon demand at reasonable times during regular business hours.
2. The Board and the Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a taxpayer from whom they are required to collect the tax imposed by this chapter.
3. Any agreement that is entered into, modified or extended after January 1, 2004, for the lease, assignment or transfer of any premises upon which any activity subject to the tax imposed by this chapter is, or thereafter may be, conducted shall be deemed to include a provision that the taxpayer required to pay the tax must be allowed access to, upon demand, all books, records and financial papers held by the lessee, assignee or transferee which must be kept pursuant to this section. Any person conducting activities subject to the tax imposed by section 78 of this act who fails to maintain or disclose his records pursuant to this subsection is liable to the taxpayer for any penalty paid by the taxpayer for the late payment or nonpayment of the tax caused by the failure to maintain or disclose records.
4. A person who violates any provision of this section is guilty of a misdemeanor.
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Sec. 84. 1. To verify the accuracy of any report filed or, if no report is filed by a taxpayer, to determine the amount of tax required to be paid:
(a) The Board, or any person authorized in writing by the Board, may examine the books, papers and records of any licensed gaming establishment that may be liable for the tax imposed by this chapter.
(b) The Department, or any person authorized in writing by the Department, may examine the books, papers and records of any other person who may be liable for the tax imposed by this chapter.
2. Any person who may be liable for the tax imposed by this chapter and who keeps outside of this state any books, papers and records relating thereto shall pay to the Board or the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Board or the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
Sec. 85. 1. Except as otherwise provided in this section and NRS 360.250, the records and files of the Board and the Department concerning the administration of this chapter are confidential and privileged. The Board, the Department and any employee of the Board or the Department engaged in the administration of this chapter or charged with the custody of any such records or files shall not disclose any information obtained from the records or files of the Board or the Department or from any examination, investigation or hearing authorized by the provisions of this chapter. The Board, the Department and any employee of the Board or the Department may not be required to produce any of the records, files and information for the inspection of any person or for use in any action or proceeding.
2. The records and files of the Board and the Department concerning the administration of this chapter are not confidential and privileged in the following cases:
(a) Testimony by a member or employee of the Board or the Department and production of records, files and information on behalf of the Board or the Department or a taxpayer in any action or proceeding pursuant to the provisions of this chapter, if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.
(b) Delivery to a taxpayer or his authorized representative of a copy of any report or other document filed by the taxpayer pursuant to this chapter.
(c) Publication of statistics so classified as to prevent the identification of a particular person or document.
(d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases.
(e) Disclosure in confidence to the Governor or his agent in the exercise of the Governors general supervisory powers, or to any person authorized to audit the accounts of the Board or the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding pursuant to this chapter, or to any agency of this or any other state charged with the administration or enforcement of laws relating to taxation.
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Sec. 86. 1. If:
(a) The Board determines that a taxpayer who is a licensed gaming establishment is taking any action with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter, the Board shall establish an amount upon which the tax imposed by this chapter must be based.
(b) The Department determines that a taxpayer who is not a licensed gaming establishment is taking any action with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter, the Department shall establish an amount upon which the tax imposed by this chapter must be based.
2. The amount established by the Board or the Department pursuant to subsection 1 must be based upon the tax liability of business entities that are deemed comparable by the Board or the Department to that of the taxpayer.
Sec. 87. 1. If a taxpayer:
(a) Is unable to collect all or part of an admission charge or charges for food, refreshments and merchandise which were included in the taxable receipts reported for a previous reporting period; and
(b) Has taken a deduction on his federal income tax return pursuant to 26 U.S.C. § 166(a) for the amount which he is unable to collect,
he is entitled to receive a credit for the amount of tax paid on account of that uncollected amount. The credit may be used against the amount of tax that the taxpayer is subsequently required to pay pursuant to this chapter.
2. If the Internal Revenue Service disallows a deduction described in paragraph (b) of subsection 1 and the taxpayer claimed a credit on a return for a previous reporting period pursuant to subsection 1, the taxpayer shall include the amount of that credit in the amount of taxes reported pursuant to this chapter in the first return filed with the Board or the Department after the deduction is disallowed.
3. If a taxpayer collects all or part of an admission charge or charges for food, refreshments and merchandise for which he claimed a credit on a return for a previous reporting period pursuant to subsection 2, he shall include:
(a) The amount collected in the charges reported pursuant to paragraph (a) of subsection 1; and
(b) The tax payable on the amount collected in the amount of taxes reported,
in the first return filed with the Board or the Department after that collection.
4. Except as otherwise provided in subsection 5, upon determining that a taxpayer has filed a return which contains one or more violations of the provisions of this section, the Board or the Department shall:
(a) For the first return of any taxpayer that contains one or more violations, issue a letter of warning to the taxpayer which provides an explanation of the violation or violations contained in the return.
(b) For the first or second return, other than a return described in paragraph (a), in any calendar year which contains one or more violations, assess a penalty equal to the amount of the tax which was not reported.
(c) For the third and each subsequent return in any calendar year which contains one or more violations, assess a penalty of three times the amount of the tax which was not reported.
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5. For the purposes of subsection 4, if the first violation of this section by any taxpayer was determined by the Board or the Department through an audit which covered more than one return of the taxpayer, the Board or the Department shall treat all returns which were determined through the same audit to contain a violation or violations in the manner provided in paragraph (a) of subsection 4.
Sec. 88. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Board, the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 89. If the Department determines that any tax, penalty or interest it is required to collect has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in its records and shall certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must be credited on any amounts then due from the person under this chapter, and the balance refunded to the person or his successors in interest.
Sec. 90. 1. Except as otherwise provided in NRS 360.235 and 360.395:
(a) No refund may be allowed unless a claim for it is filed with:
(1) The Board, if the taxpayer is a licensed gaming establishment; or
(2) The Department, if the taxpayer is not a licensed gaming establishment.
A claim must be filed within 3 years after the last day of the month following the reporting period for which the overpayment was made.
(b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Board or the Department within that period.
2. Each claim must be in writing and must state the specific grounds upon which the claim is founded.
3. Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.
4. Within 30 days after rejecting any claim in whole or in part, the Board or the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
Sec. 91. 1. Except as otherwise provided in this section and NRS 360.320, interest must be paid upon any overpayment of any amount of the tax imposed by this chapter in accordance with the provisions of section 80 of this act.
2. If the overpayment is paid to the Department, the interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.
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(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
3. If the Board or the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Board or the Department shall not allow any interest on the overpayment.
Sec. 92. 1. No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this state or against any officer of the State to prevent or enjoin the collection under this chapter of the tax imposed by this chapter or any amount of tax, penalty or interest required to be collected.
2. No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.
Sec. 93. 1. Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by:
(a) The Nevada Gaming Commission, the claimant may bring an action against the Board on the grounds set forth in the claim.
(b) The Nevada Tax Commission, the claimant may bring an action against the Department on the grounds set forth in the claim.
2. An action brought pursuant to subsection 1 must be brought in a court of competent jurisdiction in Carson City, the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the Board or the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
3. Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.
Sec. 94. 1. If the Board fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Nevada Gaming Commission within 30 days after the last day of the 6-month period.
2. If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Nevada Tax Commission within 30 days after the last day of the 6-month period.
3. If the claimant is aggrieved by the decision of:
(a) The Nevada Gaming Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Board on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
(b) The Nevada Tax Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
4. If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any tax due from the plaintiff.
5. The balance of the judgment must be refunded to the plaintiff.
Sec. 95. In any judgment, interest must be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days.
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warrant by not more than 30 days. The date must be determined by the Board or the Department.
Sec. 96. A judgment may not be rendered in favor of the plaintiff in any action brought against the Board or the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
Sec. 97. 1. The Board or the Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.
2. The action must be tried in Carson City or Clark County unless the court, with the consent of the Attorney General, orders a change of place of trial.
3. The Attorney General shall prosecute the action, and the provisions of NRS, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.
Sec. 98. 1. If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the Board or the Department, the Board or the Department shall certify this fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Board or the Department.
2. If an amount not exceeding $25 has been illegally determined, either by the person filing a return or by the Board or the Department, the Board or the Department, without certifying this fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Board or the Department.
Sec. 99. Any licensed gaming establishment liable for the payment of the tax imposed by section 78 of this act who willfully fails to report, pay or truthfully account for the tax is subject to the revocation of his gaming license by the Nevada Gaming Commission.
Sec. 100. 1. A person shall not:
(a) Make, cause to be made or permit to be made any false or fraudulent return or declaration or false statement in any report or declaration, with intent to defraud the State or to evade payment of the tax or any part of the tax imposed by this chapter.
(b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.
(c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud the State or to evade the payment of the tax or any part of the tax imposed by this chapter.
2. Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 101. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 102 to 108, inclusive, of this act.
Sec. 102. As used in sections 102 to 108, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 103, 104 and 105 of this act have the meanings ascribed to them in those sections.
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Sec. 103. 1. Business includes:
(a) A corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust and their equivalents organized under the laws of this state or another jurisdiction and any other person that conducts an activity for profit; and
(b) The activities of a natural person which are deemed to be a business pursuant to section 107 of this act.
2. The term does not include:
(a) A governmental entity.
(b) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(c) A person who operates a business from his home and earns from that business not more than 66 2/3 percent of the average annual wage, as computed for the preceding calendar year pursuant to chapter 612 of NRS and rounded to the nearest hundred dollars.
(d) A business whose primary purpose is to create or produce motion pictures. As used in this paragraph, motion pictures has the meaning ascribed to it in NRS 231.020.
Sec. 104. 1. Employee includes:
(a) A natural person who receives wages or other remuneration from a business for personal services, including commissions and bonuses and remuneration payable in a medium other than cash; and
(b) A natural person engaged in the operation of a business.
2. The term includes:
(a) A partner or other co-owner of a business; and
(b) Except as otherwise provided in subsection 3, a natural person reported as an employee to the:
(1) Employment Security Division of the Department of Employment, Training and Rehabilitation;
(2) Administrator of the Division of Industrial Relations of the Department of Business and Industry; or
(3) Internal Revenue Service on an Employers Quarterly Federal Tax Return (Form 941), Employers Monthly Federal Tax Return (Form 941-M), Employers Annual Tax Return for Agricultural Employees (Form 943) or any equivalent or successor form.
3. The term does not include:
(a) A business or an independent contractor that performs services on behalf of another business.
(b) A natural person who is retired or otherwise receiving remuneration solely because of past service to the business.
(c) A newspaper carrier or the immediate supervisor of a newspaper carrier who is an independent contractor of the newspaper.
(d) A natural person who performs all of his duties for the business outside of this state.
4. An independent contractor is not an employee of a business with which he contracts.
Sec. 105. Wages means any remuneration paid for personal services, including commissions, and bonuses and remuneration payable in any medium other than cash.
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Sec. 106. The Department shall deposit all money it receives pursuant to sections 102 to 108, inclusive, of this act in the State Treasury for credit to the State General Fund.
Sec. 107. The activity or activities conducted by a natural person shall be deemed to be a business that is subject to the provisions of sections 102 to 108, inclusive, of this act if the person is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss From Business Form, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss Form, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss From Farming Form, or its equivalent or successor form, for the business.
Sec. 108. 1. Except as otherwise provided in subsection 8, a person shall not conduct a business in this state unless he has a business license issued by the Department.
2. An application for a business license must:
(a) Be made upon a form prescribed by the Department;
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;
(c) Declare the estimated number of employees for the previous calendar quarter;
(d) Be accompanied by a fee of $100; and
(e) Include any other information that the Department deems necessary.
3. The application must be signed by:
(a) The owner, if the business is owned by a natural person;
(b) A member or partner, if the business is owned by an association or partnership; or
(c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.
4. If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signers authority must be attached to the application.
5. A person who has been issued a business license by the Department shall submit a fee of $100 to the Department on or before the last day of the month in which the anniversary date of issuance of the business license occurs in each year, unless the person submits a written statement to the Department, at least 10 days before the anniversary date, indicating that the person will not be conducting business in this state after the anniversary date.
6. The business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.
7. For the purposes of sections 102 to 108, inclusive, of this act, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:
(a) Is organized pursuant to title 7 of NRS, other than a business organized pursuant to chapter 82 or 84 of NRS;
(b) Has an office or other base of operations in this state; or
(c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.
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8. A person who takes part in a trade show or convention held in this state for a purpose related to the conduct of a business is not required to obtain a business license specifically for that event.
Sec. 109. NRS 360.225 is hereby amended to read as follows:
360.225 1. During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:
(a) A partial abatement of property taxes pursuant to NRS 361.0687;
(b) [An exemption from taxes upon the privilege of doing business in this state pursuant to NRS 364A.170;
(c)] A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; or
[(d)] (c) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357,
the Department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement [, exemption] or deferral that the person is claiming.
2. If the Department finds that the person does not meet the eligibility requirements for the abatement [, exemption] or deferral which the person is claiming, the Department shall report its findings to the Commission on Economic Development and take any other necessary actions.
Sec. 109.5. NRS 360.225 is hereby amended to read as follows:
360.225 1. During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:
(a) A partial abatement of property taxes pursuant to NRS 361.0687;
(b) An exemption from taxes pursuant to section 50.5 of this act;
(c) A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; or
[(c)] (d) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357,
the Department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement , exemption or deferral that the person is claiming.
2. If the Department finds that the person does not meet the eligibility requirements for the abatement , exemption or deferral which the person is claiming, the Department shall report its findings to the Commission on Economic Development and take any other necessary actions.
Sec. 110. NRS 360.2935 is hereby amended to read as follows:
360.2935 Except as otherwise provided in [NRS 361.485,] this title, a taxpayer is entitled to receive on any overpayment of taxes, after the offset required by NRS 360.320 has been made, a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest paid by a taxpayer.
Sec. 111. NRS 360.300 is hereby amended to read as follows:
360.300 1. If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 362, [364A,] 369, 370, 372, 372A, 374, 377, 377A or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS , or sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:
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the Department, it may compute and determine the amount required to be paid upon the basis of:
(a) The facts contained in the return;
(b) Any information within its possession or that may come into its possession; or
(c) Reasonable estimates of the amount.
2. One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.
3. In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.
4. The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.
5. When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.
Sec. 112. (Deleted.)
Sec. 113. NRS 360.417 is hereby amended to read as follows:
360.417 Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, [364A,] 369, 370, 372, 374, 377, 377A, 444A or 585 of NRS, or sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act, or the fee provided for in NRS 482.313, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.
Sec. 114. (Deleted.)
Sec. 115. NRS 360.419 is hereby amended to read as follows:
360.419 1. If the Executive Director or a designated hearing officer finds that the failure of a person to make a timely return or payment of a tax imposed pursuant to NRS 361.320 or [chapter 361A, 376A, 377 or 377A of NRS, or by] chapter 361A, 362, [364A,] 369, 370, 372, 372A, 374, 375A , [or] 375B , 376A, 377 or 377A of NRS, or sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the Department may relieve him of all or part of any interest or penalty , or both.
2. A person seeking this relief must file with the Department a statement under oath setting forth the facts upon which he bases his claim.
3. The Department shall disclose, upon the request of any person:
(a) The name of the person to whom relief was granted; and
(b) The amount of the relief.
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4. The Executive Director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to NRS 361.4835 which is deferred by a county treasurer or county assessor.
Sec. 116. (Deleted.)
Sec. 117. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against him which remains unpaid, the Department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this state or any political subdivision or agency of this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.
3. After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his possession or under his control at the time he received the notice until the Department consents to a transfer or other disposition.
4. Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of [,] and transmit to the Department all such credits, other personal property [,] or debts in his possession, under his control or owing by him within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the Department or that his duty to transmit the payments to the Department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
κ2003 Statutes of Nevada, 20th Special Session, Page 161 (CHAPTER 5, SB 8)κ
which the deposit is carried or at which the credits or personal property is held.
7. If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the State for any indebtedness due pursuant to this chapter, or chapter 362, [364A,] 369, 370, 372, 372A, 374, 377, 377A or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS , or sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 118. (Deleted.)
Sec. 119. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this state may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361 [, 364A] or 374 of NRS.
2. The Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
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(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
3. Notwithstanding the provisions of subsection 2, the Commission on Economic Development may:
κ2003 Statutes of Nevada, 20th Special Session, Page 163 (CHAPTER 5, SB 8)κ
(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify for a partial abatement,
if the Commission determines that such action is necessary.
4. If a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.
5. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
9. The Commission on Economic Development:
(a) Shall adopt regulations relating to:
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(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section.
10. The Nevada Tax Commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 119.5. NRS 360.750 is hereby amended to read as follows:
360.750 1. A person who intends to locate or expand a business in this state may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361 or 374 of NRS [.] or sections 40 to 63, inclusive, of this act.
2. The Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:
(a) The business is consistent with:
(1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the State Plan.
(b) The applicant has executed an agreement with the Commission which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this state for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection. The agreement must bind the successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
κ2003 Statutes of Nevada, 20th Special Session, Page 165 (CHAPTER 5, SB 8)κ
Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business to its employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
(f) If the business is an existing business, the business meets at least two of the following requirements:
(1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this state in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:
(I) County assessor of the county in which the business will expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing business to its new employees in this state is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost to the business for the benefits the business provides to its new employees in this state will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.
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benefits established by the Commission by regulation pursuant to subsection 9.
3. Notwithstanding the provisions of subsection 2, the Commission on Economic Development may:
(a) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify for a partial abatement,
if the Commission determines that such action is necessary.
4. If a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county and the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.
5. If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,
the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
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(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
9. The Commission on Economic Development:
(a) Shall adopt regulations relating to:
(1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section.
10. The Nevada Tax Commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 120. NRS 364A.020 is hereby amended to read as follows:
364A.020 1. Business includes:
(a) A corporation, partnership, proprietorship, limited-liability company, business association , joint venture, limited-liability partnership, business trust and their equivalents organized under the laws of this state or another jurisdiction and any other [similar] organization that conducts an activity for profit;
(b) The activities of a natural person which are deemed to be a business pursuant to NRS 364A.120; and
(c) A trade show or convention held in this state in which a business described in paragraph (a) or (b) takes part, or which a person who conducts such a business attends, for a purpose related to the conduct of the business.
2. [The term includes an independent contractor.
3.] The term does not include:
(a) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c);
(b) A governmental entity; [or]
(c) A person who operates a business from his home and earns from that business not more than 66 2/3 percent of the average annual wage, as computed for the preceding calendar year pursuant to chapter 612 of NRS and rounded to the nearest hundred dollars; or
(d) A business that creates or produces motion pictures. As used in this paragraph, motion pictures has the meaning ascribed to it in NRS 231.020.
Sec. 121. NRS 364A.120 is hereby amended to read as follows:
364A.120 The activity or activities conducted by a natural person shall be deemed to be a business that is subject to the provisions of this chapter if the person files with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business Form, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss Form, or its equivalent or successor form, or a Schedule F (Form 1040), Farm Income and Expenses Form, or its equivalent or successor form, for the activity or activities.
κ2003 Statutes of Nevada, 20th Special Session, Page 168 (CHAPTER 5, SB 8)κ
and Expenses Form, or its equivalent or successor form, for the activity or activities.
Sec. 122. NRS 364A.130 is hereby amended to read as follows:
364A.130 1. Except as otherwise provided in subsection [6,] 8, a person shall not conduct a business in this state unless he has a business license issued by the Department.
2. [The] An application for a business license must:
(a) Be made upon a form prescribed by the Department;
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;
(c) Declare the estimated number of employees for the previous calendar quarter;
(d) Be accompanied by a fee of [$25;] $100; and
(e) Include any other information that the Department deems necessary.
3. The application must be signed by:
(a) The owner, if the business is owned by a natural person;
(b) A member or partner, if the business is owned by an association or partnership; or
(c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.
4. If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signers authority must be attached to the application.
5. A person who has been issued a business license by the Department shall submit a fee of $100 to the Department on or before the last day of the month in which the anniversary date of issuance of the business license occurs in each year, unless the person submits a written statement to the Department, at least 10 days before the anniversary date, indicating that the person will not be conducting business in this state after the anniversary date.
6. The business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.
7. For the purposes of this chapter, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:
(a) Is [incorporated] organized pursuant to [chapter 78 or 78A] title 7 of NRS [;] , other than a business organized pursuant to chapter 82 or 84 of NRS;
(b) Has an office or other base of operations in this state; or
(c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.
[6.] 8. A person who takes part in a trade show or convention held in this state for a purpose related to the conduct of a business is not required to obtain a business license specifically for that event.
Sec. 122.1. NRS 369.174 is hereby amended to read as follows:
369.174 Each month, the State Controller shall transfer to the Tax on Liquor Program Account in the State General Fund, from the tax on liquor containing more than 22 percent of alcohol by volume, the portion of the tax which exceeds [$1.90] $3.45 per wine gallon.
Sec. 122.2. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and must be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
κ2003 Statutes of Nevada, 20th Special Session, Page 169 (CHAPTER 5, SB 8)κ
privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, [$2.05] $3.60 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, [75 cents] $1.30 per wine gallon or proportionate part thereof.
3. On liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume, [40] 70 cents per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, [9] 16 cents per gallon.
Sec. 122.3. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [17.5] 40 mills per cigarette. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 122.4. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the Department in the form of remittances payable to the Department.
2. The Department shall:
(a) As compensation to the State for the costs of collecting the taxes and license fees, transmit each month the sum the Legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the State Treasurer for deposit to the credit of the Department. The deposited money must be expended by the Department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [12.5] 35 mills per cigarette to the State Treasurer for deposit to the credit of the Account for the Tax on Cigarettes in the State General Fund.
(c) Transmit the balance of the payments each month to the State Treasurer for deposit in the Local Government Tax Distribution Account created by NRS 360.660.
(d) Report to the State Controller monthly the amount of collections.
3. The money deposited pursuant to paragraph (c) of subsection 2 in the Local Government Tax Distribution account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county.
Sec. 122.5. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as otherwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
κ2003 Statutes of Nevada, 20th Special Session, Page 170 (CHAPTER 5, SB 8)κ
2. The amount of the use tax is [17.5] 40 mills per cigarette.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 123. Chapter 375 of NRS is hereby amended by adding thereto the provisions set forth as sections 124 and 125 of this act.
Sec. 124. 1. In addition to all other taxes imposed on transfers of real property, a tax, at the rate of $1.30 on each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed exceeds $100.
2. The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060.
3. The county recorder of each county shall collect the tax in the manner provided in NRS 375.030, except that the amount collected must be transmitted to the State Controller for deposit in the State General Fund within 30 days after the end of the calendar quarter during which the tax was collected.
4. The county recorder of a county:
(a) Whose population is 100,000 or more may deduct and withhold from the taxes collected 0.2 percent of those taxes to reimburse the county for the cost of collecting the tax.
(b) Whose population is less than 100,000 may deduct and withhold from the taxes collected 1 percent of those taxes to reimburse the county for the cost of collecting the tax.
Sec. 125. 1. The Department shall, to ensure that the tax imposed by section 124 of this act is collected fairly and equitably in all counties, coordinate the collection and administration of that tax. For this purpose, the Department may conduct such audits of the records of the various counties as are necessary to carry out the provisions of section 124 of this act.
2. When requested, the Department shall render assistance to the county recorder of a county whose population is less than 30,000 relating to the imposition and collection of the tax imposed by section 124 of this act.
3. The Department is not entitled to receive any fee for rendering any assistance pursuant to subsection 2.
Sec. 126. NRS 375.018 is hereby amended to read as follows:
375.018 With regard to the administration of [the real property transfer tax,] any tax imposed by this chapter, the county recorder shall apply the following principles:
1. Forms, instructions and regulations governing the computation of the amount of tax due must be brief and easily understood.
2. In cases where another authority, such as the United States or this state, also imposes a tax upon the same property or revenue, the mechanism for collecting the tax imposed by the county must be as nearly compatible with the collection of the other taxes as is feasible.
3. Unless a change is made necessary by statute or to preserve compatibility with a tax imposed by another authority, the forms, instructions and regulations must remain the same from year to year, to make the taxpayers liability as predictable as is feasible.
κ2003 Statutes of Nevada, 20th Special Session, Page 171 (CHAPTER 5, SB 8)κ
and regulations must remain the same from year to year, to make the taxpayers liability as predictable as is feasible.
4. Exemptions or waivers, where permitted by statute, must be granted:
(a) Equitably among eligible taxpayers; and
(b) As sparingly as is consistent with the legislative intent, to retain the broadest feasible base for the tax.
Sec. 127. NRS 375.030 is hereby amended to read as follows:
375.030 1. If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 [and, if applicable, NRS 375.025,] is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.
2. The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 [and 375.025] and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 [and 375.025] or any penalties or interest imposed pursuant to subsection 3.
3. If , after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer and seller of the additional amount of tax due. If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.
4. This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.
Sec. 128. NRS 375.030 is hereby amended to read as follows:
375.030 1. If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and section 124 of this act is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.
2. The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and section 124 of this act and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and section 124 of this act or any penalties or interest imposed pursuant to subsection 3.
3. If, after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the person who requested the recording of the deed and the buyer and seller of the additional amount of tax due. If the additional amount of tax is not paid within 30 days after the date the buyer and seller are notified, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.
κ2003 Statutes of Nevada, 20th Special Session, Page 172 (CHAPTER 5, SB 8)κ
calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.
4. This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.
Sec. 129. NRS 375.070 is hereby amended to read as follows:
375.070 1. The county recorder shall transmit the proceeds of the [real property transfer] tax imposed by NRS 375.020 at the end of each quarter in the following manner:
(a) An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the State Controller who shall deposit that amount in the Account for Low-Income Housing created pursuant to NRS 319.500.
(b) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school districts fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.
(c) The remaining proceeds must be transmitted to the State Controller for deposit in the Local Government Tax Distribution Account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.
2. In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.
3. The expenses authorized by subsection 2 include, but are not limited to:
(a) The costs to acquire land and developmental rights;
(b) Related predevelopment expenses;
(c) The costs to develop the land, including the payment of related rebates;
(d) Contributions toward down payments made for the purchase of affordable housing; and
(e) The creation of related trust funds.
Sec. 130. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 [and 375.025] does not apply to:
1. A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
κ2003 Statutes of Nevada, 20th Special Session, Page 173 (CHAPTER 5, SB 8)κ
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title to or from a trust, if the transfer is made without consideration, and is made to or from:
(a) The trustor of the trust;
(b) The trustors legal representative; or
(c) A person related to the trustor in the first degree of consanguinity.
As used in this subsection, legal representative has the meaning ascribed to it in NRS 167.020.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
11. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
14. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
κ2003 Statutes of Nevada, 20th Special Session, Page 174 (CHAPTER 5, SB 8)κ
15. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
16. A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, corporation sole means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.
Sec. 131. NRS 375.090 is hereby amended to read as follows:
375.090 The [tax] taxes imposed by NRS 375.020 [does] and section 124 this act do not apply to:
1. A mere change in identity, form or place of organization, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation if the affiliated corporation has identical common ownership.
2. A transfer of title to the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. [A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6.] A transfer of title between spouses, including gifts [.
7. A transfer of title between spouses] , or to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
[8.] 6. A transfer of title to or from a trust [, if the transfer is made] without consideration [, and is made to or from:
(a) The trustor of the trust;
(b) The trustors legal representative; or
(c) A person related to the trustor in the first degree of consanguinity.
As used in this subsection, legal representative has the meaning ascribed to it in NRS 167.020.
9.] if a certificate of trust is presented at the time of transfer.
7. Transfers, assignments or conveyances of unpatented mines or mining claims.
[10.] 8. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
[11.] 9. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
[12.] 10. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C. §§ 101 et seq.;
(b) Approved in an equity receivership proceeding involving a railroad, as defined in the Bankruptcy Act; or
κ2003 Statutes of Nevada, 20th Special Session, Page 175 (CHAPTER 5, SB 8)κ
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
[13.] 11. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
[14.] 12. A transfer to an educational foundation. As used in this subsection, educational foundation has the meaning ascribed to it in subsection 3 of NRS 388.750.
[15.] 13. A transfer to a university foundation. As used in this subsection, university foundation has the meaning ascribed to it in subsection 3 of NRS 396.405.
[16. A transfer, assignment or other conveyance of real property to a corporation sole from another corporation sole. As used in this subsection, corporation sole means a corporation which is organized pursuant to the provisions of chapter 84 of NRS.]
Sec. 132. NRS 375.120 is hereby amended to read as follows:
375.120 The county recorder shall:
1. Conduct and apply audits and other procedures for enforcement as uniformly as is feasible.
2. Collect [real property transfer] any tax that is due pursuant to the provisions of this chapter in an equitable manner [,] so that every taxpayer pays the full amount imposed by law.
Sec. 133. NRS 375.130 is hereby amended to read as follows:
375.130 1. The county recorder may audit all records relating to the collection and calculation of [the real property transfer tax.] any tax imposed by this chapter. If the county recorder deems it necessary to conduct an audit, the audit must be completed within 3 years after the date of the original recording of the document that evidences the transfer of property for which the tax was imposed.
2. The county recorder may issue subpoenas to require the production of documents necessary for him to determine the amount of [real property transfer] the tax due pursuant to this chapter or to determine whether a person qualifies for an exemption from taxes pursuant to this chapter. The county recorder may have the subpoenas served, and upon application of the district attorney, to any court of competent jurisdiction, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
Sec. 134. NRS 375.160 is hereby amended to read as follows:
375.160 1. If any [real property transfer] tax imposed pursuant to this chapter is not paid when due, the county may, within 3 years after the date that the tax was due, record a certificate in the office of the county recorder which states:
(a) The amount of the [real property transfer] tax and any interest or penalties due;
κ2003 Statutes of Nevada, 20th Special Session, Page 176 (CHAPTER 5, SB 8)κ
(b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and
(c) That the county recorder has complied with all procedures required by law for determining the amount due.
2. From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:
(a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or
(b) A demand for payment if the property has been sold or otherwise transferred to another person.
3. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.
4. Within 5 years after the date of recording the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the time of recording the new certificate, the lien is extended for 5 years, unless sooner released or otherwise discharged.
Sec. 135. NRS 375.170 is hereby amended to read as follows:
375.170 1. If a person is delinquent in the payment of [the real property transfer] any tax imposed by this chapter or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:
(a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to NRS 375.320.
(b) Must be brought not later than 3 years after the payment became delinquent or the determination became final.
2. The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.
3. In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:
(a) The determination of the tax or the amount of the tax;
(b) The delinquency of the amounts; and
(c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.
Sec. 136. NRS 375.250 is hereby amended to read as follows:
375.250 1. The Legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the county recorder with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the county recorder to each communication from the taxpayer.
κ2003 Statutes of Nevada, 20th Special Session, Page 177 (CHAPTER 5, SB 8)κ
(c) To provide the minimum documentation and other information as may reasonably be required by the county recorder to carry out his duties.
(d) To be notified, in writing, by the county recorder whenever an officer or employee of the county recorder determines that the taxpayer is entitled to an exemption or has been taxed more than is required pursuant to this chapter.
(e) To written instructions indicating how the taxpayer may petition for a refund for overpayment of [real property transfer] any tax, interest or penalties.
(f) To recover an overpayment of [real property transfer] any tax promptly upon the final determination of such an overpayment.
(g) To obtain specific advice from the county recorder concerning [real property transfer] any tax.
(h) In any meeting with the county recorder, including an audit, conference, interview or hearing:
(1) To an explanation by an officer, agent or employee of the county recorder that describes the procedures to be followed and the rights of the taxpayer thereunder;
(2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the county recorder;
(3) To make an audio recording using the taxpayers equipment and at the taxpayers expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the county recorder relating to the determination or collection of any tax for which the taxpayer is assessed pursuant to this chapter, upon payment of the actual cost to the county recorder of making the copy.
(i) To a full explanation of the authority of the county recorder to collect the [real property transfer] tax or to collect a delinquent [real property transfer] tax, including, without limitation, the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the county.
(j) To the immediate release of any lien which the county recorder has placed on real property for the nonpayment of [the real property transfer] a tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the county recorder;
(4) The county recorder determines that the taxes, interest and penalties are secured sufficiently by a lien on other real property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties; or
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties.
(k) To be free from harassment and intimidation by an officer or employee of the county recorder for any reason.
2. The provisions of this chapter governing the administration and collection of taxes by the county recorder must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
κ2003 Statutes of Nevada, 20th Special Session, Page 178 (CHAPTER 5, SB 8)κ
3. The provisions of this section apply to the administration and collection of taxes pursuant to this chapter.
Sec. 137. NRS 375.270 is hereby amended to read as follows:
375.270 The county recorder shall provide each taxpayer who it determines may be liable for taxes pursuant to this chapter with simplified written instructions concerning the rights and responsibilities of the taxpayer, including the:
1. Keeping of records sufficient for audit purposes;
2. Procedures for paying [the real property transfer tax;] any taxes that are due; and
3. Procedures for challenging any liability for [real property transfer] any tax, penalties or interest and for requesting refunds of any erroneously paid [real property transfer] tax, including the steps for appealing a denial thereof.
Sec. 138. NRS 375.290 is hereby amended to read as follows:
375.290 A taxpayer is entitled to receive on any overpayment of [the real property transfer] any tax imposed by this chapter a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest on the [real property transfer] tax that is paid by a taxpayer.
Sec. 139. NRS 375.300 is hereby amended to read as follows:
375.300 The county recorder shall provide a taxpayer with a response to any written request submitted by the taxpayer that relates to a [real property transfer] tax imposed by this chapter within 30 days after the county treasurer receives the request.
Sec. 140. NRS 375.330 is hereby amended to read as follows:
375.330 1. The county recorder may waive any [real property transfer] tax, penalty and interest owed by the taxpayer pursuant to this chapter, other than the tax imposed by section 124 of this act, if the taxpayer meets the criteria adopted by regulation. If a waiver is granted pursuant to this subsection, the county shall prepare and maintain on file a statement that contains:
(a) The reason for the waiver;
(b) The amount of the tax, penalty and interest owed by the taxpayer; and
(c) The amount of the tax, penalty and interest waived by the county.
2. If the county recorder or a designated hearing officer finds that the failure of a person to make a timely payment of [the real property transfer] any tax imposed is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent to avoid such payment, the county recorder may relieve him of all or part of any interest or penalty , or both.
3. If a person proves to the satisfaction of the county recorder that he has in good faith remitted the [real property transfer] tax in reliance upon written advice provided by an officer or employee of the county recorder, an opinion of the district attorney or Attorney General, or the written results of an audit of his records conducted by the county recorder, the county recorder may not require the taxpayer to pay delinquent taxes, penalties or interest if the county recorder determines after the completion of a subsequent audit that the taxes the taxpayer remitted were deficient.
κ2003 Statutes of Nevada, 20th Special Session, Page 179 (CHAPTER 5, SB 8)κ
Sec. 141. NRS 376A.040 is hereby amended to read as follows:
376A.040 1. In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is less than 400,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.050 and 376A.070 or any combination thereof.] 376A.050 or 376A.070, or both.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund. The State Controller, acting upon the collection data furnished by the Department of Taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the Intergovernmental Fund and remit the money to the county treasurer.
5. The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:
(a) The acquisition of land in fee simple for development and use as open-space land;
(b) The acquisition of the development rights of land identified as open-space land;
(c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);
(d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or
(e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.
6. The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
7. Any money used for the purposes described in this section must be used in a manner:
(a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and
κ2003 Statutes of Nevada, 20th Special Session, Page 180 (CHAPTER 5, SB 8)κ
(b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.
Sec. 142. NRS 376A.040 is hereby amended to read as follows:
376A.040 1. In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.050 and 376A.070 or any combination thereof.] 376A.050 or 376A.070, or both.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund. The State Controller, acting upon the collection data furnished by the Department of Taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the Intergovernmental Fund and remit the money to the county treasurer.
5. The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:
(a) The acquisition of land in fee simple for development and use as open-space land;
(b) The acquisition of the development rights of land identified as open-space land;
(c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);
(d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or
(e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.
6. The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
7. Any money used for the purposes described in this section must be used in a manner:
κ2003 Statutes of Nevada, 20th Special Session, Page 181 (CHAPTER 5, SB 8)κ
(a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and
(b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.
Sec. 143. NRS 376A.050 is hereby amended to read as follows:
376A.050 1. Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is less than 400,000 may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.040 and 376A.070 or any combination thereof.] 376A.040 or 376A.070, or both.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund. The State Controller, acting upon the collection data furnished by the Department of Taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the Intergovernmental Fund and remit the money to the county treasurer.
Sec. 144. NRS 376A.050 is hereby amended to read as follows:
376A.050 1. Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.040 and 376A.070 or any combination thereof.] 376A.040 or 376A.070, or both.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
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adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the Department of Taxation in the form of remittances payable to the Department of Taxation. The Department of Taxation shall deposit the payments with the State Treasurer for credit to the Sales and Use Tax Account in the State General Fund. The State Controller, acting upon the collection data furnished by the Department of Taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the Intergovernmental Fund and remit the money to the county treasurer.
Sec. 145. NRS 376A.070 is hereby amended to read as follows:
376A.070 1. The board of county commissioners in a county whose population is less than 400,000 may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.040 and 376A.050 or any combination thereof.] 376A.040 or 376A.050, or both. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
2. The Department of Taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.
3. Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
Sec. 146. NRS 376A.070 is hereby amended to read as follows:
376A.070 1. The board of county commissioners in a county whose population is 100,000 or more but less than 400,000, may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS [375.025, 376A.040 and 376A.050 or any combination thereof.] 376A.040 or 376A.050, or both. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
2. The Department of Taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.
3. Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
Sec. 147. NRS 78.150 is hereby amended to read as follows:
78.150 1. A corporation organized pursuant to the laws of this state shall, on or before the first day of the second month after the filing of its articles of incorporation with the Secretary of State, file with the Secretary of State a list, on a form furnished by him, containing:
κ2003 Statutes of Nevada, 20th Special Session, Page 183 (CHAPTER 5, SB 8)κ
articles of incorporation with the Secretary of State, file with the Secretary of State a list, on a form furnished by him, containing:
(a) The name of the corporation;
(b) The file number of the corporation, if known;
(c) The names and titles of the president, secretary, treasurer and of all the directors of the corporation;
(d) The mailing or street address, either residence or business, of each officer and director listed, following the name of the officer or director;
(e) The name and street address of the resident agent of the corporation; and
(f) The signature of an officer of the corporation certifying that the list is true, complete and accurate.
2. The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the Secretary of State, on a form furnished by him, an annual list containing all of the information required in subsection 1.
3. Each list required by subsection 1 or 2 must be accompanied by a declaration under penalty of perjury that the corporation has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
4. Upon filing the list required by:
(a) Subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Subsection 2, the corporation shall pay to the Secretary of State a fee of $85.
5. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 2, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice or form does not excuse it from the penalty imposed by law.
6. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 or 8 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and must be accompanied by a fee of $85 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.
8. If the corporation is an association as defined in NRS 116.110315, the Secretary of State shall not accept the filing required by this section unless it is accompanied by evidence of the payment of the fee required to be paid pursuant to NRS 116.31155 that is provided to the association pursuant to subsection 4 of that section.
Sec. 148. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the first day of the second month after the filing of its certificate of corporate existence with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the Secretary of State a list, on a form furnished by him, that contains:
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(a) The names of its president, secretary and treasurer or their equivalent, and all of its directors;
(b) A designation of its resident agent in this state; and
(c) The signature of an officer of the corporation.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the foreign corporation has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
2. Upon filing:
(a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State a fee of $85.
3. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.
4. An annual list for a corporation not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 149. NRS 86.263 is hereby amended to read as follows:
86.263 1. A limited-liability company shall, on or before the first day of the second month after the filing of its articles of organization with the Secretary of State, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the limited-liability company;
(b) The file number of the limited-liability company, if known;
(c) The names and titles of all of its managers or, if there is no manager, all of its managing members;
(d) The mailing or street address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member;
(e) The name and street address of the resident agent of the limited-liability company; and
(f) The signature of a manager or managing member of the limited-liability company certifying that the list is true, complete and accurate.
2. The limited-liability company shall annually thereafter, on or before the last day of the month in which the anniversary date of its organization occurs, file with the Secretary of State, on a form furnished by him, an amended list containing all of the information required in subsection 1. If the limited-liability company has had no changes in its managers or, if there is no manager, its managing members, since its previous list was filed, no amended list need be filed if a manager or managing member of the limited-liability company certifies to the Secretary of State as a true and accurate statement that no changes in the managers or managing members have occurred.
3. Each list required by subsection 1 and each list or certification required by subsection 2 must be accompanied by a declaration under penalty of perjury that the limited-liability company has complied with the provisions of [chapter 364A of NRS.]
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penalty of perjury that the limited-liability company has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
4. Upon filing:
(a) The initial list required by subsection 1, the limited-liability company shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 2 or certifying that no changes have occurred, the limited-liability company shall pay to the Secretary of State a fee of $85.
5. The Secretary of State shall, 60 days before the last day for filing each list required by subsection 2, cause to be mailed to each limited-liability company required to comply with the provisions of this section, which has not become delinquent, a notice of the fee due under subsection 4 and a reminder to file a list required by subsection 2 or a certification of no change. Failure of any company to receive a notice or form does not excuse it from the penalty imposed by law.
6. If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.
7. An annual list for a limited-liability company not in default received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 150. NRS 87.510 is hereby amended to read as follows:
87.510 1. A registered limited-liability partnership shall, on or before the first day of the second month after the filing of its certificate of registration with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the registered limited-liability partnership;
(b) The file number of the registered limited-liability partnership, if known;
(c) The names of all of its managing partners;
(d) The mailing or street address, either residence or business, of each managing partner;
(e) The name and street address of the resident agent of the registered limited-liability partnership; and
(f) The signature of a managing partner of the registered limited-liability partnership certifying that the list is true, complete and accurate.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
2. Upon filing:
(a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of $85.
3. The Secretary of State shall, at least 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to the registered limited-liability partnership a notice of the fee due pursuant to subsection 2 and a reminder to file the annual list required by subsection 1. The failure of any registered limited-liability partnership to receive a notice or form does not excuse it from complying with the provisions of this section.
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or form does not excuse it from complying with the provisions of this section.
4. If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 2 is not paid, the Secretary of State may return the list for correction or payment.
5. An annual list that is filed by a registered limited-liability partnership which is not in default more than 60 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
Sec. 151. NRS 88.395 is hereby amended to read as follows:
88.395 1. A limited partnership shall, on or before the first day of the second month after the filing of its certificate of limited partnership with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs, file with the Secretary of State, on a form furnished by him, a list that contains:
(a) The name of the limited partnership;
(b) The file number of the limited partnership, if known;
(c) The names of all of its general partners;
(d) The mailing or street address, either residence or business, of each general partner;
(e) The name and street address of the resident agent of the limited partnership; and
(f) The signature of a general partner of the limited partnership certifying that the list is true, complete and accurate.
Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
2. Upon filing:
(a) The initial list required by subsection 1, the limited partnership shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the limited partnership shall pay to the Secretary of State a fee of $85.
3. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent a notice of the fee due pursuant to the provisions of subsection 2 and a reminder to file the annual list. Failure of any limited partnership to receive a notice or form does not excuse it from the penalty imposed by NRS 88.400.
4. If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 is not paid, the Secretary of State may return the list for correction or payment.
5. An annual list for a limited partnership not in default that is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.
6. A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.
κ2003 Statutes of Nevada, 20th Special Session, Page 187 (CHAPTER 5, SB 8)κ
Sec. 152. NRS 88A.600 is hereby amended to read as follows:
88A.600 1. A business trust formed pursuant to this chapter shall, on or before the first day of the second month after the filing of its certificate of trust with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the Secretary of State occurs, file with the Secretary of State, on a form furnished by him, a list signed by at least one trustee that contains the name and mailing address of its resident agent and at least one trustee. Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the business trust has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
2. Upon filing:
(a) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $165.
(b) Each annual list required by subsection 1, the business trust shall pay to the Secretary of State a fee of $85.
3. The Secretary of State shall, 60 days before the last day for filing each annual list required by subsection 1, cause to be mailed to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of a business trust to receive the forms does not excuse it from the penalty imposed by law.
4. An annual list for a business trust not in default which is received by the Secretary of State more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 153. NRS 89.250 is hereby amended to read as follows:
89.250 1. Except as otherwise provided in subsection 2, a professional association shall, on or before the first day of the second month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State showing the names and residence addresses of all members and employees in the association and certifying that all members and employees are licensed to render professional service in this state.
2. A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the first day of the second month after the filing of its articles of association with the Secretary of State, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year, furnish a statement to the Secretary of State:
(a) Showing the names and residence addresses of all members and employees of the association who are licensed or otherwise authorized by law to render professional service in this state;
(b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this state; and
(c) Certifying that all members who are not licensed to render professional service in this state do not render professional service on behalf of the association except as authorized by law.
3. Each statement filed pursuant to this section must be:
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(a) Made on a form prescribed by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.
(b) Signed by the chief executive officer of the association.
(c) Accompanied by a declaration under penalty of perjury that the professional association has complied with the provisions of [chapter 364A of NRS.] section 108 of this act.
4. Upon filing:
(a) The initial statement required by this section, the association shall pay to the Secretary of State a fee of $165.
(b) Each annual statement required by this section, the association shall pay to the Secretary of State a fee of $85.
5. As used in this section, signed means to have executed or adopted a name, word or mark, including, without limitation, an electronic signature as defined in NRS 719.100, with the present intention to authenticate a document.
Sec. 154. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 155 to 160, inclusive, of this act.
Sec. 155. As used in sections 155 to 160, inclusive, of this act, Committee means the Legislative Committee on Taxation, Public Revenue and Tax Policy.
Sec. 156. 1. There is hereby established a Legislative Committee on Taxation, Public Revenue and Tax Policy consisting of:
(a) The Speaker of the Assembly, or a member of the Assembly designated by the Speaker of the Assembly;
(b) The Minority Leader of the Assembly, or a member of the Assembly designated by the Minority Leader of the Assembly;
(c) The Majority Leader of the Senate, or a member of the Senate designated by the Majority Leader of the Senate;
(d) The Minority Leader of the Senate, or a member of the Senate designated by the Minority Leader of the Senate;
(e) Two members appointed by the Speaker of the Assembly who were members of the Assembly Committee on Taxation during the immediately preceding legislative session; and
(f) Two members appointed by the Majority Leader of the Senate who were members of the Senate Committee on Taxation during the immediately preceding legislative session.
2. The members of the Committee shall elect a Chairman and Vice Chairman from among their members. The Chairman must be elected from one house of the Legislature and the Vice Chairman from the other house. After the initial election of a Chairman and Vice Chairman, each of those officers holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chairmanship or Vice Chairmanship, the members of the Committee shall elect a replacement for the remainder of the unexpired term.
3. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the Legislature.
4. Vacancies on the Committee must be filled in the same manner as the original appointments.
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Sec. 157. 1. The members of the Committee shall meet throughout each year at the times and places specified by a call of the Chairman or a majority of the Committee.
2. The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary.
3. The Committee shall prescribe regulations for its own management and government.
4. Except as otherwise provided in subsection 5, five voting members of the Committee constitute a quorum.
5. Any recommended legislation proposed by the Committee must be approved by a majority of the members of the Senate and by a majority of the members of the Assembly serving on the Committee.
6. Except during a regular or special session of the Legislature, the members of the Committee are entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session, the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207 for each day or portion of a day of attendance at a meeting of the Committee and while engaged in the business of the Committee. The salaries and expenses paid pursuant to this subsection and the expenses of the Committee must be paid from the Legislative Fund.
Sec. 158. The Committee may:
1. Review and study:
(a) The specific taxes collected in this state;
(b) The implementation of any taxes, fees and other methods for generating public revenue in this state;
(c) The impact of any changes to taxes, fees and other methods for generating public revenue that result from legislation enacted by the Legislature on the residents of this state and on the businesses located in this state, doing business in this state or considering locating in this state;
(d) The fiscal effects of any taxes, fees and other methods for generating public revenue;
(e) The impact, if any, on the prices charged to the residents of this state from the compounding of various new or increased taxes such as the real property transfer tax;
(f) The beneficial and detrimental effects, if any, of the reduction of the tax based on wages for the cost of employee health benefits;
(g) Broad issues of tax policy and fiscal policy relevant to the future of the State of Nevada; and
(h) Any other issues related to taxation, the generation of public revenue, tax policy or fiscal policy which affect this state.
2. Conduct investigations and hold hearings in connection with its powers pursuant to this section.
3. Contract with one or more consultants to obtain technical advice concerning its review and study.
4. Apply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Committee in exercising its powers pursuant to this section.
5. Request that the Legislative Counsel Bureau assist in the research, investigations, hearings, studies and reviews of the Committee.
6. Recommend to the Legislature, as a result of its review and study, any appropriate legislation.
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Sec. 159. If the Committee conducts investigations or holds hearings pursuant to subsection 2 of section 158 of this act:
1. The Secretary of the Committee or, in his absence, a member designated by the Committee may administer oaths; and
2. The Secretary or Chairman of the Committee may cause the deposition of witnesses, residing either within or outside of this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
Sec. 160. Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chairman of the Committee.
Sec. 161. NRS 218.53883 is hereby amended to read as follows:
218.53883 1. The Committee shall:
(a) Review the laws relating to the exemptions from and the distribution of revenue generated by state and local taxes. In conducting the review, the Committee [may] :
(1) May consider the purposes for which the various state and local taxes were imposed, the actual use of the revenue collected from the various state and local taxes , and any relief to the taxpayers from the burden of the various state and local taxes that may result from any possible recommendations of the Committee.
(2) Shall consider the purposes for which various exemptions from those taxes were adopted, whether any of those exemptions have become obsolete or no longer serve their intended purpose, and whether any of those exemptions should be repealed.
(b) Study whether removing the authority of the Board of County Commissioners of Washoe County to impose a certain additional governmental services tax is a prudent act which is in the best interests of this state.
2. In conducting its review of the laws relating to the exemptions from and the distribution of revenue generated by state and local taxes, the Committee may review:
(a) The exemptions and distribution of the revenue from:
(1) The local school support tax imposed by chapter 374 of NRS;
(2) The tax on aviation fuel and motor vehicle fuel imposed by or pursuant to chapter 365 of NRS;
(3) The tax on intoxicating liquor imposed by chapter 369 of NRS;
(4) The tax on fuel imposed pursuant to chapter 373 of NRS;
(5) The tax on tobacco imposed by chapter 370 of NRS;
(6) The governmental services tax imposed by or pursuant to chapter 371 of NRS;
(7) The tax imposed on gaming licensees by or pursuant to chapter 463 of NRS;
(8) Property taxes imposed pursuant to chapter 361 of NRS;
(9) The tax on the transfer of real property imposed by or pursuant to chapter 375 of NRS; and
(10) Any other state or local tax.
(b) The proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.
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3. The Committee may:
(a) Conduct investigations and hold hearings in connection with its review and study;
(b) Contract with one or more consultants to obtain technical advice concerning the study conducted pursuant to NRS 218.53884;
(c) Apply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter;
(d) Direct the Legislative Counsel Bureau to assist in its research, investigations, review and study; and
(e) Recommend to the Legislature, as a result of its review and study, any appropriate legislation.
Sec. 162. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) The Department of Corrections.
(c) The University and Community College System of Nevada.
(d) The Office of the Military.
(e) [The] Except as otherwise provided in section 80 of this act, the State Gaming Control Board.
(f) The Nevada Gaming Commission.
(g) The Welfare Division of the Department of Human Resources.
(h) The Division of Health Care Financing and Policy of the Department of Human Resources.
(i) The State Board of Examiners acting pursuant to chapter 217 of NRS.
(j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(k) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(l) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(m) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 703 of NRS for the judicial review of decisions of the Public Utilities Commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
κ2003 Statutes of Nevada, 20th Special Session, Page 192 (CHAPTER 5, SB 8)κ
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Human Resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184; or
(c) A regulation adopted by the State Board of Education pursuant to NRS 392.644 or 394.1694.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 163. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of [chapter 364A of NRS.] section 108 of this act. The county license board shall provide upon request an application for a business license pursuant to [chapter 364A of NRS.] section 108 of this act.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the State has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid.
κ2003 Statutes of Nevada, 20th Special Session, Page 193 (CHAPTER 5, SB 8)κ
is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.
Sec. 164. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city in this state, whether organized under general law or special charter, may:
(a) Except as otherwise provided in NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
κ2003 Statutes of Nevada, 20th Special Session, Page 194 (CHAPTER 5, SB 8)κ
of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this state.
(d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:
(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this state;
(2) For the expense of operating or maintaining, or both, any facilities of the city; and
(3) For any other purpose for which other money of the city may be used.
2. The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as pledged revenues for the purposes of NRS 350.020.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of [chapter 364A of NRS.] section 108 of this act. The city licensing agency shall provide upon request an application for a business license pursuant to [chapter 364A of NRS.] section 108 of this act.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the State has issued or will issue a license required for this activity.
5. Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ2003 Statutes of Nevada, 20th Special Session, Page 195 (CHAPTER 5, SB 8)κ
years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation for the exchange of information concerning taxpayers.
7. The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 164.10. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
Account means the Disaster Relief Account created by NRS 353.2735.
Sec. 164.12. NRS 353.2705 is hereby amended to read as follows:
353.2705 As used in NRS 353.2705 to 353.2771, inclusive, and section 164.10 of this act, unless the context otherwise requires, the words and terms defined in NRS 353.271 to 353.2731, inclusive, and section 164.10 of this act have the meanings ascribed to them in those sections.
Sec. 164.14. NRS 353.2735 is hereby amended to read as follows:
353.2735 1. The Disaster Relief [Fund] Account is hereby created as a special [revenue fund.] account in the Fund to Stabilize the Operation of the State Government. The Interim Finance Committee shall administer the [Fund.] Account.
2. The Division may accept grants, gifts or donations for deposit in the [Fund.] Account. Except as otherwise provided in subsection 3, money received from:
(a) A direct legislative appropriation to the [Fund;] Account;
(b) A transfer of [one-half of the interest earned on money] not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government made pursuant to NRS 353.288; and
(c) A grant, gift or donation to the [Fund,] Account,
must be deposited in the [Fund.] Account. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the [Fund] Account must, after deducting any applicable charges, be credited to the [Fund.]
κ2003 Statutes of Nevada, 20th Special Session, Page 196 (CHAPTER 5, SB 8)κ
Account must, after deducting any applicable charges, be credited to the [Fund.] Account.
3. If, at the end of each quarter of a fiscal year, the balance in the [Fund] Account exceeds 0.75 percent of the total amount of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year, the State Controller shall not, until the balance in the [Fund] Account is 0.75 percent or less of that amount, transfer any [interest earned on] money in the Fund to Stabilize the Operation of the State Government from the State General Fund to the [Fund] Account pursuant to the provisions of NRS 353.288.
4. Money in the [Fund] Account may be distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive [.] , and section 164.10 of this act. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.
5. If the Governor declares a disaster, the State Board of Examiners shall estimate:
(a) The money in the [Fund] Account that is available for grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive [;] , and section 164.10 of this act; and
(b) The anticipated amount of those grants and loans for the disaster.
Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the [Fund] Account for such grants and loans, all grants and loans from the [Fund] Account for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the [Fund] Account that is available for grants and loans for the disaster. If the reduction of a grant or loan from the [Fund] Account would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.
Sec. 164.16. NRS 353.274 is hereby amended to read as follows:
353.274 Money in the [Fund] Account may be distributed as a grant to a state agency because of a disaster for the payment of expenses incurred by the state agency for:
1. The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the State and damaged by the disaster;
2. Any emergency measures undertaken to save lives, protect public health and safety or protect public property, including, without limitation, an emergency measure undertaken in response to a crisis involving violence on school property, at a school activity or on a school bus, in the jurisdiction in which the disaster occurred;
3. The removal of debris from publicly or privately owned land and waterways undertaken because of the disaster; and
4. The administration of a disaster assistance program.
κ2003 Statutes of Nevada, 20th Special Session, Page 197 (CHAPTER 5, SB 8)κ
Sec. 164.18. NRS 353.2745 is hereby amended to read as follows:
353.2745 Money in the [Fund] Account may be distributed as a grant to a local government because of a disaster for:
1. The payment of not more than 50 percent of the expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster; and
(b) Any emergency measures undertaken to save lives, protect public health and safety or protect public property, including, without limitation, an emergency measure undertaken in response to a crisis involving violence on school property, at a school activity or on a school bus, in the jurisdiction in which the disaster occurred; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government.
Sec. 164.20. NRS 353.2751 is hereby amended to read as follows:
353.2751 Money in the [Fund] Account may be distributed as a loan to a local government because of a disaster for:
1. The payment of expenses incurred by the local government for:
(a) The repair or replacement of public roads, public streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the disaster;
(b) Any overtime worked by an employee of the local government because of the disaster or any other extraordinary expenses incurred by the local government because of the disaster; and
(c) Any projects to reduce or prevent the possibility of damage to persons or property from similar disasters in the future; and
2. The payment of not more than 50 percent of any grant match the local government must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the disaster within the jurisdiction of the local government. Before a loan may be distributed to a local government pursuant to this subsection:
(a) The Interim Finance Committee must make a determination that the local government is currently unable to meet its financial obligations; and
(b) The local government must execute a loan agreement in which the local government agrees to:
(1) Use the money only for the purpose of paying the grant match; and
(2) Repay the entire amount of the loan, without any interest or other charges, to the [Disaster Relief Fund] Account not later than 10 years after the date on which the agreement is executed.
Sec. 164.22. NRS 353.2753 is hereby amended to read as follows:
353.2753 1. A state agency or local government may request the Division to conduct a preliminary assessment of the damages related to an event for which the state agency or local government seeks a grant or loan from the [Fund.] Account.
2. Upon receipt of such a request, the Division shall investigate the event or cause the event to be investigated to make a preliminary assessment of the damages related to the event and shall make or cause to be made a written report of the damages related to the event.
κ2003 Statutes of Nevada, 20th Special Session, Page 198 (CHAPTER 5, SB 8)κ
of the damages related to the event and shall make or cause to be made a written report of the damages related to the event.
3. As soon as practicable after completion of the investigation and preparation of the report of damages, the Division shall:
(a) Determine whether the event constitutes a disaster for which the state agency or local government may seek a grant or loan from the [Fund;] Account; and
(b) Submit the report prepared pursuant to this section and its written determination regarding whether the event constitutes a disaster to the state agency or local government.
4. The Division shall prescribe by regulation the information that must be included in a report of damages, including, without limitation, a description of the damage caused by the event, an estimate of the costs to repair such damage and a specification of whether the purpose of the project is for repair or replacement, emergency response or mitigation.
Sec. 164.24. NRS 353.2754 is hereby amended to read as follows:
353.2754 A local government may request a grant or loan from the [Fund] Account if:
1. Pursuant to NRS 414.090, the governing body of the local government determines that an event which has occurred constitutes a disaster; and
2. After the Division conducts a preliminary assessment of the damages pursuant to NRS 353.2753, the Division determines that an event has occurred that constitutes a disaster.
Sec. 164.26. NRS 353.2755 is hereby amended to read as follows:
353.2755 1. A state agency or local government may submit a request to the State Board of Examiners for a grant or loan from the [Fund] Account as provided in NRS 353.2705 to 353.2771, inclusive, and section 164.10 of this act if:
(a) The agency or local government finds that, because of a disaster, it is unable to pay for an expense or grant match specified in NRS 353.274, 353.2745 or 353.2751 from money appropriated or otherwise available to the agency or local government;
(b) The request has been approved by the chief administrative officer of the state agency or the governing body of the local government; and
(c) If the requester is an incorporated city, the city has requested financial assistance from the county and was denied all or a portion of the requested assistance.
2. A request for a grant or loan submitted pursuant to subsection 1 must be made within 60 days after the disaster and must include:
(a) A statement setting forth the amount of money requested by the state agency or local government;
(b) An assessment of the need of the state agency or local government for the money requested;
(c) If the request is submitted by a local government that has established a fund pursuant to NRS 354.6115 to mitigate the effects of a natural disaster, a statement of the amount of money that is available in that fund, if any, for the payment of expenses incurred by the local government as a result of a disaster;
(d) A determination of the type, value and amount of resources the state agency or local government may be required to provide as a condition for the receipt of a grant or loan from the [Fund;] Account;
κ2003 Statutes of Nevada, 20th Special Session, Page 199 (CHAPTER 5, SB 8)κ
(e) A written report of damages prepared by the Division and the written determination made by the Division that the event constitutes a disaster pursuant to NRS 353.2753; and
(f) If the requester is an incorporated city, all documents which relate to a request for assistance submitted to the board of county commissioners of the county in which the city is located.
Any additional documentation relating to the request that is requested by the State Board of Examiners must be submitted within 6 months after the disaster unless the State Board of Examiners and the Interim Finance Committee [grants] grant an extension.
3. Upon the receipt of a complete request for a grant or loan submitted pursuant to subsection 1, the State Board of Examiners:
(a) Shall consider the request; and
(b) May require any additional information that it determines is necessary to make a recommendation.
4. If the State Board of Examiners finds that a grant or loan is appropriate, it shall include in its recommendation to the Interim Finance Committee the proposed amount of the grant or loan. If the State Board of Examiners recommends a grant, it shall include a recommendation regarding whether or not the state agency or local government requires an advance to avoid severe financial hardship. If the State Board of Examiners recommends a loan for a local government, it shall include the information required pursuant to subsection 1 of NRS 353.2765. If the State Board of Examiners finds that a grant or loan is not appropriate, it shall include in its recommendation the reason for its determination.
5. The provisions of this section do not prohibit a state agency or local government from submitting more than one request for a grant or loan from the [Fund.] Account.
6. As used in this section, the term natural disaster has the meaning ascribed to it in NRS 354.6115.
Sec. 164.28. NRS 353.276 is hereby amended to read as follows:
353.276 1. The State Board of Examiners shall submit a recommendation for each request for a grant or loan made pursuant to NRS 353.2755 to the Director of the Legislative Counsel Bureau. Upon receipt of the recommendation, the Director shall notify the Chairman of the Interim Finance Committee of that recommendation. The Chairman shall call a meeting of the Committee to consider the recommendation.
2. The Interim Finance Committee may reject any recommendation of the State Board of Examiners and independently evaluate and act upon any request submitted pursuant to NRS 353.2755.
3. If the Interim Finance Committee finds that a grant or loan from the [Fund] Account is appropriate and may be made in accordance with the provisions of NRS 353.2705 to 353.2771, inclusive, and section 164.10 of this act, it shall, by resolution:
(a) Establish the amount and purpose of the grant or loan.
(b) Except as otherwise provided in this paragraph, provide for the transfer of that amount from the [Fund] Account to the appropriate state agency or local government. If the request is for a grant, the Interim Finance Committee shall authorize disbursement of the grant from the [Fund] Account on the basis of reimbursement for costs unless it determines that disbursement in that manner would cause severe financial hardship to the state agency or local government. If the Interim Finance Committee determines that disbursement on the basis of reimbursement of costs would cause severe financial hardship, the Interim Finance Committee may authorize an advance of money to the state agency or local government in an amount not to exceed 25 percent of the total estimated cost of the projects for which the grant is requested.
κ2003 Statutes of Nevada, 20th Special Session, Page 200 (CHAPTER 5, SB 8)κ
determines that disbursement on the basis of reimbursement of costs would cause severe financial hardship, the Interim Finance Committee may authorize an advance of money to the state agency or local government in an amount not to exceed 25 percent of the total estimated cost of the projects for which the grant is requested.
4. No grant or loan from the [Fund] Account may be made by the Interim Finance Committee to increase the salaries of any officers or employees of the State or a local government.
Sec. 164.30. NRS 353.2765 is hereby amended to read as follows:
353.2765 1. In addition to any applicable requirements set forth in NRS 353.2751, if the Interim Finance Committee approves a loan to a local government pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive, and section 164.10 of this act, the approval must include a schedule for the repayment of the loan. The schedule must specify:
(a) A period of not more than 10 years for the repayment of the loan; and
(b) The rate of interest, if any, for the loan.
2. Except as otherwise provided in subsection 3, if a local government receives a loan from the [Fund] Account and, before the loan is repaid, the local government receives money from the Federal Government for a grant match or any of the expenses set forth in subsection 1 of NRS 353.2751 for which the local government received the loan, the local government shall deposit with the State Treasurer for credit to the [Fund] Account an amount of money equal to the money it received from the Federal Government for the grant match or the expenses.
3. Any money deposited with the State Treasurer for credit to the [Fund] Account pursuant to subsection 2 must be used to pay the unpaid balance of the loan specified in subsection 2. If any money remains after that payment is made, the remaining money must be paid to the local government to whom the loan was made.
Sec. 164.32. NRS 353.2771 is hereby amended to read as follows:
353.2771 1. Except as otherwise provided in this section, no grant or loan may be made from the [Fund] Account to a state agency or local government unless, as a condition of making the grant or loan, the state agency or local government agrees to provide an amount of its resources equal to at least 25 percent of the grant or loan. The State Board of Examiners shall determine the type, value and amount of the resources, including money, labor, materials, supplies and equipment, that is required to be provided by the state agency or local government.
2. If a state agency or local government submits a request for a grant or loan pursuant to NRS 353.2755 and:
(a) It maintains a policy of insurance providing coverage for damages, injuries or other losses incurred because of a disaster; or
(b) If the request is submitted by a local government, it has established a district for the control of floods pursuant to NRS 543.170 to 543.830, inclusive,
the State Board of Examiners may recommend that the state agency or local government provide a portion of its resources in an amount that is less than the amount required pursuant to subsection 1.
3. The State Board of Examiners may, if it determines that the state agency or local government is unable to provide any portion of its resources as its contribution for the receipt of a grant or loan, recommend that the state agency or local government not be required to provide any portion of its resources as a condition for the receipt of the grant or loan.
κ2003 Statutes of Nevada, 20th Special Session, Page 201 (CHAPTER 5, SB 8)κ
agency or local government not be required to provide any portion of its resources as a condition for the receipt of the grant or loan.
Sec. 164.34. NRS 353.288 is hereby amended to read as follows:
353.288 1. The Fund to Stabilize the Operation of the State Government is hereby created as a special revenue fund. Except as otherwise provided in subsections 2 and 3, each year after the close of the fiscal year and before the issuance of the State Controllers annual report , the State Controller shall deposit to the credit of the Fund 40 percent of the unrestricted balance of the State General Fund, as of the close of the fiscal year, which remains after subtracting an amount equal to [10] 5 percent of all appropriations made from the State General Fund during that year for the operation of all departments, institutions and agencies of State Government and for the funding of schools.
2. The balance in the Fund must not exceed [10] 15 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be deposited in the Fund.
3. Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, [1999,] 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief [Fund] Account created pursuant to NRS 353.2735 an amount equal to [one-half of the interest earned on money] not more than 10 percent of the aggregate balance in the Fund to Stabilize the Operation of the State Government during the previous quarter. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.
4. Money from the Fund to Stabilize the Operation of the State Government may be appropriated only:
(a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the appropriation is made; or
(b) If the Legislature and the Governor declare that a fiscal emergency exists.
Sec. 164.38. Chapter 353C of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Controller shall adopt regulations establishing a fee of $25 that an agency shall charge a person for each check or draft returned to the agency because the person had insufficient money or credit with the drawee to pay the check or draft, or because the person stopped payment on the check or draft.
2. Notwithstanding any specific statute or regulation to the contrary, an agency may only charge and collect a fee for a check or draft returned to the agency because the person has insufficient money or credit, or because the person stopped payment on the check or draft, in accordance with the regulations adopted by the State Controller pursuant to this section.
3. For the purposes of this section, agency does not include the Department of Taxation, Nevada Gaming Commission or State Gaming Control Board.
κ2003 Statutes of Nevada, 20th Special Session, Page 202 (CHAPTER 5, SB 8)κ
Sec. 164.50. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before July 1 of each year, the Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district is required to expend each fiscal year for textbooks, instructional supplies and instructional hardware. The formula must be used only to develop expenditure requirements and must not be used to alter the distribution of money for basic support to school districts.
2. Upon approval of the formula pursuant to subsection 1, the Department shall provide written notice to each school district within the first 30 days of each fiscal year that sets forth the required minimum combined amount of money that the school district must expend for textbooks, instructional supplies and instructional hardware for that fiscal year.
3. On or before January 1 of each year, the Department shall determine whether each school district has expended, during the immediately preceding fiscal year, the required minimum amount of money set forth in the notice provided pursuant to subsection 2. In making this determination, the Department shall use the report submitted by the school district pursuant to NRS 387.303.
4. Except as otherwise provided in subsection 5, if the Department determines that a school district has not expended the required minimum amount of money set forth in the notice provided pursuant to subsection 2, a reduction must be made from the basic support allocation otherwise payable to that school district in an amount that is equal to the difference between the actual combined expenditure for textbooks, instructional supplies and instructional hardware and the minimum required combined expenditure set forth in the notice provided pursuant to subsection 2. A reduction in the amount of the basic support allocation pursuant to this subsection:
(a) Does not reduce the amount that the school district is required to expend on textbooks, instructional supplies and instructional hardware in the current fiscal year; and
(b) Must not exceed the amount of basic support that was provided to the school district for the fiscal year in which the minimum expenditure amount was not satisfied.
5. If the actual enrollment of pupils in a school district is less than the enrollment included in the projections used in the school districts biennial budget submitted pursuant to NRS 387.303, the required expenditure for textbooks, instructional supplies and instructional hardware pursuant to this section must be reduced proportionately.
Sec. 164.60. NRS 387.205 is hereby amended to read as follows:
387.205 1. Subject to the limitations set forth in NRS 387.207 [,] and section 164.50 of this act, money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
κ2003 Statutes of Nevada, 20th Special Session, Page 203 (CHAPTER 5, SB 8)κ
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the Superintendent of Public Instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
(h) Repayment of a loan made from the State Permanent School Fund pursuant to NRS 387.526.
2. Subject to the limitations set forth in NRS 387.207 [,] and section 164.50 of this act, money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
Sec. 164.70. NRS 387.207 is hereby amended to read as follows:
387.207 1. Except as otherwise provided in this section, in each school year a school district shall spend for [textbooks,] library books and [supplies and materials relating to instruction, including, without limitation,] software for computers [,] an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
2. Except as otherwise provided in this section, in each school year a school district shall spend for the purchase of equipment relating to instruction, including, without limitation, equipment for telecommunications and for the purchase of equipment relating to the transportation of pupils, an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years.
3. Except as otherwise provided in this section, in each school year a school district shall spend for the maintenance and repair of equipment, vehicles, and buildings and facilities an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year by the school district for those items in the immediately preceding 3 years, excluding any amount of money derived from the proceeds of bonds.
4. A school district may satisfy the expenditures required by subsections 1, 2 and 3 if the school district spends an aggregate amount of money for all the items identified in those subsections that is at least equal to the average of the total amount of money expended by the school district per year for all those items in the immediately preceding 3 years.
5. A school district is not required to satisfy the expenditures required by this section for a school year in which:
(a) The total number of pupils who are enrolled in public schools within the school district has declined from the immediately preceding school year; or
κ2003 Statutes of Nevada, 20th Special Session, Page 204 (CHAPTER 5, SB 8)κ
(b) The total revenue available in the general fund of the school district has declined from the immediately preceding school year.
Sec. 165. NRS 388.750 is hereby amended to read as follows:
388.750 1. An educational foundation:
(a) Shall comply with the provisions of chapter 241 of NRS;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010; and
(c) Is exempt from the tax on transfer of real property pursuant to subsection [14] 12 of NRS 375.090.
2. An educational foundation is not required to disclose the names of the contributors to the foundation or the amount of their contributions. The educational foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.
3. As used in this section, educational foundation means a nonprofit corporation, association or institution or a charitable organization that is:
(a) Organized and operated exclusively for the purpose of supporting one or more kindergartens, elementary schools, junior high or middle schools or high schools, or any combination thereof;
(b) Formed pursuant to the laws of this state; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
Sec. 165.2. NRS 391.165 is hereby amended to read as follows:
391.165 1. Except as otherwise provided in subsection 3 [of this section] and except as otherwise required as a result of NRS 286.537, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service pursuant to subsection 2 of NRS 286.300 if:
(a) The teacher is a member of the Public Employees Retirement System and has at least 5 years of service;
(b) The teacher has been employed as a licensed teacher in this state for at least 5 consecutive school years, regardless of whether the employment was with one or more school districts in this state;
(c) Each evaluation of the teacher conducted pursuant to NRS 391.3125 is at least satisfactory for the years of employment required by paragraph (b); and
(d) In addition to the years of employment required by paragraph (b), the teacher has been employed as a licensed teacher for [1 school year] 2 school years at a school within the school district [which, for that school year, carries] during his employment at the school:
(1) Which carried the designation of demonstrating need for improvement [pursuant to NRS 385.367.] ; or
(2) At which at least 65 percent of the pupils who are enrolled in the school are children who are at risk.
The provisions of this paragraph do not require consecutive years of employment or employment at the same school within the school district.
2. Except as otherwise provided in subsection 3, the board of trustees of a school district shall pay the cost for a licensed teacher to purchase one-fifth of a year of service for each year that a teacher [is employed as a teacher at a school within the school district that is described in paragraph (d)] satisfies the requirements of subsection 1.
3. In no event may the years of service purchased by a licensed teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.
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4. The board of trustees of a school district shall not:
(a) Assign or reassign a licensed teacher to circumvent the requirements of this section.
(b) Include [,] as part of a teachers salary [,] the costs of paying the teacher to purchase service pursuant to this section.
5. As used in this section [, service] :
(a) A child is at risk if he is eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.
(b) Service has the meaning ascribed to it in NRS 286.078.
Sec. 165.4. NRS 391.165 is hereby amended to read as follows:
391.165 1. Except as otherwise provided in subsection 3 and except as otherwise required as a result of NRS 286.537, the board of trustees of a school district shall pay the cost for a licensed teacher or licensed school psychologist to purchase one-fifth of a year of service pursuant to subsection 2 of NRS 286.300 if:
(a) The teacher or school psychologist is a member of the Public Employees Retirement System and has at least 5 years of service;
(b) The teacher or school psychologist has been employed as a licensed teacher or licensed school psychologist in this state for at least 5 consecutive school years, regardless of whether the employment was with one or more school districts in this state;
(c) Each evaluation of the teacher or school psychologist conducted pursuant to NRS 391.3125 is at least satisfactory for the years of employment required by paragraph (b); and
(d) In addition to the years of employment required by paragraph (b) [, the] :
(1) The teacher has been employed as a licensed teacher for 2 school years at a school within the school district during his employment at the school:
[(1)] (I) Which carried the designation of demonstrating need for improvement; or
[(2)] (II) At which at least 65 percent of the pupils who are enrolled in the school are children who are at risk [.] ;
(2) The teacher holds an endorsement in the field of mathematics, science, special education or English as a second language and has been employed for at least 1 school year to teach in the subject area for which he holds an endorsement; or
(3) The school psychologist has been employed as a licensed school psychologist for at least 1 school year.
The provisions of this paragraph do not require consecutive years of employment or employment at the same school within the school district.
2. Except as otherwise provided in subsection 3, the board of trustees of a school district shall pay the cost for a licensed teacher or school psychologist to purchase one-fifth of a year of service for each year that a teacher or school psychologist satisfies the requirements of subsection 1. If, in 1 school year, a teacher satisfies the criteria set forth in both subparagraphs (1) and (2) of paragraph (d) of subsection 1, the school district in which the teacher is employed is not required to pay for more than one-fifth of a year of service pursuant to subsection 2 of NRS 286.300 for that school year.
κ2003 Statutes of Nevada, 20th Special Session, Page 206 (CHAPTER 5, SB 8)κ
3. In no event may the years of service purchased by a licensed teacher or school psychologist as a result of subsection 2 of NRS 286.300 exceed 5 years.
4. The board of trustees of a school district shall not:
(a) Assign or reassign a licensed teacher or school psychologist to circumvent the requirements of this section.
(b) Include [,] as part of a teachers or school psychologists salary [,] the costs of paying the teacher or school psychologist to purchase service pursuant to this section.
5. As used in this section:
(a) A child is at risk if he is eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.
(b) Service has the meaning ascribed to it in NRS 286.078.
Sec. 166. NRS 396.405 is hereby amended to read as follows:
396.405 1. A university foundation:
(a) Shall comply with the provisions of chapter 241 of NRS;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
(c) Is exempt from the tax on transfers of real property pursuant to subsection [14] 13 of NRS 379.090; and
(d) May allow a president or an administrator of the university or community college which it supports to serve as a member of its governing body.
2. A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his contribution or any information which may reveal or lead to the discovery of his identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.
3. As used in this section, university foundation means a nonprofit corporation, association or institution or a charitable organization that is:
(a) Organized and operated exclusively for the purpose of supporting a university or a community college;
(b) Formed pursuant to the laws of this state; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
Sec. 166.5. NRS 414.135 is hereby amended to read as follows:
414.135 1. There is hereby created the Emergency Assistance [Account] Subaccount within the Disaster Relief [Fund] Account created pursuant to NRS 353.2735. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief [Fund] Account to the [Account] Subaccount in an amount not to exceed $500,000.
2. The Division of Emergency Management of the Department of Public Safety shall administer the [Account.] Subaccount. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.
3. All expenditures from the [Account] Subaccount must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the [Account] Subaccount must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
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available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster.
4. Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the [Account] Subaccount at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management;
(b) Provide training to personnel related to emergency management; and
(c) Carry out the provisions of NRS 392.600 to 392.656, inclusive.
5. Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the [Account] Subaccount for the previous quarter.
6. The Division shall adopt such regulations as are necessary to administer the [Account.] Subaccount.
7. The Division may adopt regulations to provide for reimbursement of expenditures made from the [Account.] Subaccount. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the [Fund,] Account, upon request by the Division.
Sec. 167. NRS 459.3824 is hereby amended to read as follows:
459.3824 1. The owner of a regulated facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.
2. The State Environmental Commission may impose an additional fee upon the owner of a regulated facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.
3. After the payment of the initial annual fee, the Division shall send the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
4. The owner of a regulated facility shall submit, with any payment required by this section, the business license number assigned by the Department of Taxation [, for the imposition and collection of taxes pursuant to chapter 364A of NRS, to the business for which the payment is made.] upon compliance by the owner with section 108 of this act.
5. All fees collected pursuant to this section and penalties collected pursuant to NRS 459.3833, 459.3834 and 459.3874, and any interest earned thereon, must be deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents, which is hereby created as a special revenue fund.
κ2003 Statutes of Nevada, 20th Special Session, Page 208 (CHAPTER 5, SB 8)κ
Sec. 168. NRS 463.0136 is hereby amended to read as follows:
463.0136 Associated equipment means:
1. Any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money; or
2. A computerized system for recordation of sales for use in an area subject to the [casino entertainment] tax imposed pursuant to [NRS 463.401.] section 78 of this act.
Sec. 169. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the Board to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the Board for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the Board.
2. All state gaming licenses are subject to renewal on the [1st] first day of each January and all quarterly state gaming licenses on the [1st] first day of each calendar quarter thereafter.
3. Application for renewal must be filed with the Board , and all state license fees and taxes required by law, including , without limitation , NRS 463.370, 463.373 to 463.3855, inclusive, [463.401,] 463.660, 464.015 and 464.040, and section 78 of this act must be paid to the Board on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming [,] after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
7. If any licensee or other person fails to renew his license as provided in this section , the Board may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
8. The voluntary surrender of a license by a licensee does not become effective until accepted in the manner provided in the regulations of the Board.
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Board. The surrender of a license does not relieve the former licensee of any penalties, fines, fees, taxes or interest due.
Sec. 169.5. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as otherwise provided in NRS 463.373, the Commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
(a) Three and one-half percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
(b) Four and one-half percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
(c) Six and [one-quarter] three-quarters percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the Commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the Commission on July 1, 1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the 24th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
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a share of the licensees revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
5. An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.
6. Any person required to pay a fee pursuant to this section shall file with the Commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the report; and
(b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.
7. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the Commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.
Interest pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following the due date of the additional license fees until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.
8. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.
9. Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
10. Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the Commission shall:
(a) Charge and collect the additional license fees determined to be due with interest computed pursuant to paragraph (a) of subsection 7; or
(b) Refund any overpayment to the licensee with interest computed pursuant to paragraph (b) of subsection 7,
based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.
11. If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.
12. If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.
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Sec. 170. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the Commission shall charge and collect from him for each slot machine for each quarter year:
(a) A license fee of [$61] $81 for each slot machine if he will have at least one but not more than five slot machines.
(b) A license fee of [$305 plus $106] $405 plus $141 for each slot machine in excess of five if he will have at least six but not more than 15 slot machines.
2. The Commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether or not the machines are owned by one or more licensee-owners.
Sec. 171. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a casino entertainment tax equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as otherwise provided in subsection 2, upon each licensed gaming establishment in this state where [music and dancing privileges or any other] live entertainment is provided to the patrons [in a cabaret, nightclub, cocktail lounge or casino showroom in connection with the serving or selling of food or refreshments or the selling of any merchandise.] of the licensed gaming establishment. Amounts paid for gratuities directly or indirectly remitted to employees of the licensee or for service charges, including those imposed in connection with use of credit cards or debit cards, that are collected and retained by persons other than the licensee are not taxable pursuant to this section.
2. A licensed gaming establishment is not subject to tax pursuant to this section if:
(a) The establishment is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits [;
(b) The entertainment is presented in a facility that would not have been subject to taxation pursuant to 26 U.S.C. § 4231(6) as that provision existed in 1965;
(c) The entertainment is presented in a facility that would have been subject to taxation pursuant to 26 U.S.C. § 4231(1), (2), (3), (4) or (5) as those provisions existed in 1965; or
(d) In other cases, if:
(1) No distilled spirits, wine or beer is served or permitted to be consumed;
(2) Only light refreshments are served;
(3) Where space is provided for dancing, no charge is made for dancing; and
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(4) Where music is provided or permitted, the music is provided without any charge to the owner, lessee or operator of the establishment or to any concessionaire.] ; or
(b) The facility in which the live entertainment is provided has a maximum seating capacity that is at least 7,500.
3. The tax imposed by this section does not apply to [merchandise] :
(a) Live entertainment that this state is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.
(b) Merchandise sold outside the facility in which the live entertainment is presented, unless the purchase of the merchandise entitles the purchaser to admission to the entertainment.
(c) Any live entertainment that is provided by or entirely for the benefit of a nonprofit organization that is recognized as exempt from taxation pursuant to 26 U.S.C. § 501(c).
(d) Live entertainment that is provided at a trade show.
(e) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.
(f) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(g) Live entertainment that is provided or occurs at private meetings or dinners attended by members of a particular organization or by a casual assemblage and the purpose of the event is not primarily for entertainment.
(h) Live entertainment presented in a common area of a shopping mall, unless the entertainment is provided in a facility located within the mall.
4. The tax imposed by this section must be paid by the licensee of the establishment.
5. As used in this section, live entertainment means any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.
Sec. 172. NRS 463.4055 is hereby amended to read as follows:
463.4055 Any ticket for admission to [a cabaret, nightclub, cocktail lounge or casino showroom] an activity subject to the tax imposed by NRS 463.401 must state whether the casino entertainment tax is included in the price of the ticket. If the ticket does not include such a statement, the licensed gaming establishment shall pay the casino entertainment tax on the face amount of the ticket.
Sec. 173. NRS 463.408 is hereby amended to read as follows:
463.408 1. As used in this section, holidays or special events refers to periods during which the influx of tourist activity in this state or any area thereof may require additional or alternative industry accommodation as determined by the Board.
2. Any licensee holding a valid license under this chapter may apply to the Board, on application forms prescribed by the Board, for a holiday or special event permit to:
(a) Increase the licensees game operations during holidays or special events; or
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(b) Provide persons who are attending a special event with gaming in an area of the licensees establishment to which access by the general public may be restricted.
3. The application must be filed with the Board at least 15 days before the date of the holiday or special event.
4. If the Board approves the application, it shall issue to the licensee a permit to operate presently existing games or any additional games in designated areas of the licensees establishment. The number of additional games must not exceed 50 percent of the number of games operated by the licensee at the time the application is filed. The permit must state the period for which it is issued and the number, if any, of additional games allowed. For purposes of computation, any fractional game must be counted as one full game. The licensee shall present any such permit on the demand of any inspecting agent of the Board or Commission.
5. Before issuing any permit, the Board shall charge and collect from the licensee a fee of $14 per game per day for each day the permit is effective. The fees are in lieu of the fees required under NRS 463.380, 463.383 and 463.390.
6. The additional games allowed under a permit must not be counted in computing the [casino entertainment tax under NRS 463.401.] tax imposed by section 78 of this act.
7. If any such additional games are not removed at the time the permit expires, the licensee is immediately subject to the fees provided for in this chapter.
Sec. 173.5. NRS 463.770 is hereby amended to read as follows:
463.770 1. All gross revenue from operating interactive gaming received by an establishment licensed to operate interactive gaming, regardless of whether any portion of the revenue is shared with another person, must be attributed to the licensee and counted as part of the gross revenue of the licensee for the purpose of computing the license fee required by NRS 463.370.
2. A manufacturer of interactive gaming systems who is authorized by an agreement to receive a share of the revenue from an interactive gaming system from an establishment licensed to operate interactive gaming is liable to the establishment for a portion of the license fee paid pursuant to subsection 1. The portion for which the manufacturer of interactive gaming systems is liable is [6.25] 6.75 percent of the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to the agreement.
3. For the purposes of subsection 2, the amount of revenue to which the manufacturer of interactive gaming systems is entitled pursuant to an agreement to share the revenue from an interactive gaming system:
(a) Includes all revenue of the manufacturer of interactive gaming systems that is his share of the revenue from the interactive gaming system pursuant to the agreement; and
(b) Does not include revenue that is the fixed purchase price for the sale of a component of the interactive gaming system.
Sec. 173.7. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by specific statute, all taxes, license fees and money collected [pursuant to NRS 481.0475] by the Department must be deposited with the State Treasurer to the credit of the Motor Vehicle Fund.
κ2003 Statutes of Nevada, 20th Special Session, Page 214 (CHAPTER 5, SB 8)κ
2. If a check or any other method of payment accepted by the Department in payment of such fees [pursuant to NRS 481.0475] is dishonored upon presentation for payment:
(a) The drawer or any other person responsible for payment of the fee is subject to a [service charge of $25,] fee in the amount established by the State Controller pursuant to section 164.38 of this act in addition to any other penalties provided by law; and
(b) The Department may require that future payments from the person be made by cashiers check, money order, travelers check or cash.
3. The Department may adjust the amount of a deposit made with the State Treasurer to the credit of the Motor Vehicle Fund for any cash shortage or overage resulting from the collection of fees.
Sec. 174. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or his legal representative is entitled to information from the records of the Division, to the extent necessary for the proper presentation of his claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.
3. Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers compensation or labor and industrial relations, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The Department of Taxation; and
(e) The State Contractors Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of the Employment Service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.
κ2003 Statutes of Nevada, 20th Special Session, Page 215 (CHAPTER 5, SB 8)κ
5. The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this state. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this state, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.
6. Upon request therefor the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
7. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the Administrator that he furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. He may charge a fee to cover the actual costs of any related administrative expenses.
8. In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, [the number of employees employed by each employer] and information regarding the [total] wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the [business tax.] taxes imposed pursuant to sections 2 to 24, inclusive, and 40 to 63, inclusive, of this act. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.
9. A private carrier that provides industrial insurance in this state shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or 617 of NRS during the preceding month and request that he compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to chapter 612 of NRS for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under chapter 612 of NRS and under chapters 616A to 616D, inclusive, or 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.
κ2003 Statutes of Nevada, 20th Special Session, Page 216 (CHAPTER 5, SB 8)κ
notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.
10. The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
11. If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.
12. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 175. NRS 612.618 is hereby amended to read as follows:
612.618 1. If a check is tendered on or before the due date in payment of contributions but is afterward dishonored by the financial institution on which it is drawn, the check does not constitute timely payment unless the Administrator determines that dishonor occurred because of fault on the part of the financial institution.
2. The Administrator [may] shall charge an additional fee [of not more than $25] in the amount established by the State Controller pursuant to section 164.38 of this act for handling against a person who presents a check afterward dishonored. The fee must be deposited in the Unemployment Compensation Administration Fund.
Sec. 176. NRS 616B.012 is hereby amended to read as follows:
616B.012 1. Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
3. The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The Department of Taxation; and
κ2003 Statutes of Nevada, 20th Special Session, Page 217 (CHAPTER 5, SB 8)κ
(e) The State Contractors Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.
4. Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The insurer may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.
6. Upon request by the Department of Taxation, the Administrator shall provide:
(a) Lists containing the names and addresses of employers; and
(b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,
to the Department for its use in verifying returns for the [business tax.] taxes imposed pursuant to sections 2 to 24, inclusive, and 40 to 63, inclusive, of this act. The Administrator may charge a reasonable fee to cover any related administrative expenses.
7. Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
Sec. 177. (Deleted.)
Sec. 178. NRS 616B.679 is hereby amended to read as follows:
616B.679 1. Each application must include:
κ2003 Statutes of Nevada, 20th Special Session, Page 218 (CHAPTER 5, SB 8)κ
(a) The applicants name and title of his position with the employee leasing company.
(b) The applicants age, place of birth and social security number.
(c) The applicants address.
(d) The business address of the employee leasing company.
(e) The business address of the resident agent of the employee leasing company, if the applicant is not the resident agent.
(f) If the applicant is a:
(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.
(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.
(g) Proof of:
(1) [The payment of any taxes required by chapter 364A of NRS.] Compliance with the provisions of section 108 of this act.
(2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.
(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.
(4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees.
(h) Any other information the Administrator requires.
2. Each application must be notarized and signed under penalty of perjury:
(a) If the applicant is a sole proprietorship, by the sole proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by each officer of the corporation.
3. An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive.
4. If an insurer cancels an employee leasing companys policy, the insurer shall immediately notify the Administrator in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Administrator.
Sec. 179. NRS 616B.691 is hereby amended to read as follows:
616B.691 1. For the purposes of chapters [364A,] 612 and 616A to 617, inclusive, of NRS, an employee leasing company which complies with the provisions of NRS 616B.670 to 616B.697, inclusive, shall be deemed to be the employer of the employees it leases to a client company.
2. An employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans.
3. An employee leasing company shall not offer its employees any self-funded insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or pursuant to title 57 of NRS.
4. If an employee leasing company fails to:
κ2003 Statutes of Nevada, 20th Special Session, Page 219 (CHAPTER 5, SB 8)κ
(a) Pay any contributions, premiums, forfeits or interest due; or
(b) Submit any reports or other information required,
pursuant to this chapter or chapter 612, 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company.
Sec. 180. NRS 623A.240 is hereby amended to read as follows:
623A.240 1. The following fees must be prescribed by the Board and must not exceed the following amounts:
Application fee......................................................................... $200.00
Examination fee....................................................................... 100.00,
plus the actual
cost of the
examination
Certificate of registration............................................................ 25.00
Annual renewal fee.................................................................... 200.00
Reinstatement fee...................................................................... 300.00
Delinquency fee............................................................................ 50.00
Change of address fee................................................................. 10.00
Copy of a document, per page.................................................. .25
2. In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for any other service it provides. The fee must not exceed the cost incurred by the Board to provide the service.
3. The Board may authorize a landscape architect intern to pay the application fee or any portion of that fee during any period in which he is the holder of a certificate to practice as a landscape architect intern. If a landscape architect intern pays the fee or any portion of the fee during that period, the Board shall credit the amount paid by him towards the entire amount of the application fee for the certificate of registration required pursuant to this section.
4. The fees prescribed by the Board pursuant to this section must be paid in United States currency in the form of a check, cashiers check or money order. If any check submitted to the Board is dishonored upon presentation for payment, repayment of the fee, including the fee for a returned check [,] in the amount established by the State Controller pursuant to section 164.38 of this act, must be made by money order or certified check.
5. The fees prescribed by the Board pursuant to this section are nonrefundable.
Sec. 181. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic......................................................................................... $200.00
For an examination for a license to practice chiropractic......................................................................................... 200.00
For an application for, and the issuance of, a certificate as a chiropractors assistant....................................... 100.00
For an examination for a certificate as a chiropractors assistant.......................................................................... 100.00
For the issuance of a license to practice chiropractic................................................................................................. 300.00
For the annual renewal of a license to practice chiropractic.................................................................................... 300.00
κ2003 Statutes of Nevada, 20th Special Session, Page 220 (CHAPTER 5, SB 8)κ
For the annual renewal of an inactive license to practice chiropractic................................................................ $100.00
For the annual renewal of a certificate as a chiropractors assistant........................................................................ 50.00
For the restoration to active status of an inactive license to practice chiropractic............................................... 300.00
For reinstating a license to practice chiropractic which has been suspended or revoked.................................... 500.00
For reinstating a certificate as a chiropractors assistant which has been suspended pursuant to NRS 634.130 100.00
For a review of any subject on the examination.......................................................................................................... 25.00
For the issuance of a duplicate license or for changing the name on a license....................................................... 35.00
For written certification of licensure................................................................................................................................ 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic.................................................................................................................................................................... 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic............................................................................ 10.00
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this state.............................................................................................................................................. 35.00
[For a check made payable to the Board that is dishonored upon presentation for payment........................... 25.00]
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this state to a person who is not licensed to practice chiropractic................................................................................................ 25.00
For each page of a list of continuing education courses that have been approved by the Board....................... .50
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges 35.00
For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic............................................................................................................................................................... 10.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for any other service it provides.
3. For a check made payable to the Board that is dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to section 164.38 of this act.
Sec. 181.30. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage brokers doing business in this state.
2. In addition to the other duties imposed upon him by law, the Commissioner shall:
(a) Adopt any regulations that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.
κ2003 Statutes of Nevada, 20th Special Session, Page 221 (CHAPTER 5, SB 8)κ
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.
(c) Conduct an annual examination of each mortgage broker doing business in this state. The annual examination must include, without limitation, a formal exit review with the mortgage broker. The Commissioner shall adopt regulations prescribing:
(1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and
(2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until any objections made by the mortgage broker have been decided by the Commissioner.
(d) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage brokers and mortgage agents. The Commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.
(e) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by [the] :
(1) The Legislative Auditor [.] ; or
(2) The Department of Taxation if necessary to carry out the provisions of sections 2 to 24, inclusive, of this act.
(f) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
3. For each special audit, investigation or examination, a mortgage broker shall pay a fee based on the rate established pursuant to NRS 658.101.
Sec. 181.32. NRS 645B.670 is hereby amended to read as follows:
645B.670 Except as otherwise provided in NRS 645B.690:
1. For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:
(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;
(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or
(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.
2. For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:
κ2003 Statutes of Nevada, 20th Special Session, Page 222 (CHAPTER 5, SB 8)κ
(a) Is insolvent;
(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for a trust account;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;
(j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;
(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment;
(m) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
(n) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use;
(o) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;
(p) Has repeatedly violated the policies and procedures of the mortgage broker;
(q) Has failed to exercise reasonable supervision over the activities of a mortgage agent as required by NRS 645B.460;
(r) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;
(s) Has employed a person as a mortgage agent or authorized a person to be associated with the licensee as a mortgage agent at a time when the licensee knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:
(1) Had been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude; or
κ2003 Statutes of Nevada, 20th Special Session, Page 223 (CHAPTER 5, SB 8)κ
(2) Had a financial services license or registration suspended or revoked within the immediately preceding 10 years; [or]
(t) Has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act; or
(u) Has not conducted verifiable business as a mortgage broker for 12 consecutive months, except in the case of a new applicant. The Commissioner shall determine whether a mortgage broker is conducting business by examining the monthly reports of activity submitted by the licensee or by conducting an examination of the licensee.
Sec. 181.34. NRS 645E.300 is hereby amended to read as follows:
645E.300 1. Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the Commissioner shall:
(a) Adopt any regulations that are necessary to carry out the provisions of this chapter, except as to loan fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.
(c) Conduct an annual examination of each mortgage company doing business in this state.
(d) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary and proper for the efficient administration of the laws of this state regarding mortgage companies.
(e) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by [the] :
(1) The Legislative Auditor [.] ; or
(2) The Department of Taxation if necessary to carry out the provisions of sections 2 to 24, inclusive, of this act.
(f) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
3. For each special audit, investigation or examination, a mortgage company shall pay a fee based on the rate established pursuant to NRS 658.101.
Sec. 181.36. NRS 645E.670 is hereby amended to read as follows:
645E.670 1. For each violation committed by an applicant, whether or not he is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $10,000, if the applicant:
(a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;
(b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by him, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or
(c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his application for a license or during the course of the investigation of his application for a license.
κ2003 Statutes of Nevada, 20th Special Session, Page 224 (CHAPTER 5, SB 8)κ
filing his application for a license or during the course of the investigation of his application for a license.
2. For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $10,000, may suspend, revoke or place conditions upon his license, or may do both, if the licensee, whether or not acting as such:
(a) Is insolvent;
(b) Is grossly negligent or incompetent in performing any act for which he is required to be licensed pursuant to the provisions of this chapter;
(c) Does not conduct his business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
(e) Has made a material misrepresentation in connection with any transaction governed by this chapter;
(f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;
(g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by him, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;
(h) Has failed to account to persons interested for all money received for a trust account;
(i) Has refused to permit an examination by the Commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;
(j) Has been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude;
(k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;
(l) Has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act;
(m) Has failed to satisfy a claim made by a client which has been reduced to judgment;
[(m)] (n) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;
[(n)] (o) Has commingled the money or other property of a client with his own or has converted the money or property of others to his own use; or
[(o)] (p) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.
Sec. 181.38. NRS 649.395 is hereby amended to read as follows:
649.395 1. The Commissioner may impose an administrative fine, not to exceed $500 for each violation, or suspend or revoke the license of a collection agency, or both impose a fine and suspend or revoke the license, by an order made in writing and filed in his office and served on the licensee by registered or certified mail at the address shown in the records of the Commissioner, if:
κ2003 Statutes of Nevada, 20th Special Session, Page 225 (CHAPTER 5, SB 8)κ
by registered or certified mail at the address shown in the records of the Commissioner, if:
(a) The licensee is adjudged liable in any court of law for breach of any bond given under the provisions of this chapter; [or]
(b) After notice and hearing, the licensee is found guilty of:
(1) Fraud or misrepresentation;
(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or
(3) A violation of any provision of this chapter [.] ; or
(c) The Commissioner determines that the licensee has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act.
2. The Commissioner may suspend or revoke the license of a collection agency without notice and hearing if:
(a) The suspension or revocation is necessary for the immediate protection of the public; and
(b) The licensee is afforded a hearing to contest the suspension or revocation within 20 days after the written order of suspension or revocation is served upon the licensee.
3. Upon revocation of his license, all rights of the licensee under this chapter terminate, and no application may be received from any person whose license has once been revoked.
Sec. 181.40. NRS 658.151 is hereby amended to read as follows:
658.151 1. The Commissioner may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the depository institution:
(a) Has violated its charter or any laws applicable thereto.
(b) Is conducting its business in an unauthorized or unsafe manner.
(c) Is in an unsafe or unsound condition to transact its business.
(d) Has an impairment of its stockholders or members equity.
(e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which those certificates of indebtedness or investment were sold.
(f) Has become otherwise insolvent.
(g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.
(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.
(i) Has made a voluntary assignment of its assets to trustees.
(j) Has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act.
2. The Commissioner also may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the officers of the depository institution have refused to be examined upon oath regarding its affairs.
Sec. 181.42. NRS 665.133 is hereby amended to read as follows:
665.133 1. The records and information described in NRS 665.130 may be disclosed to:
κ2003 Statutes of Nevada, 20th Special Session, Page 226 (CHAPTER 5, SB 8)κ
(a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;
(b) The Director of the Department of Business and Industry for his confidential use;
(c) The State Board of Finance for its confidential use, if the report or other information is necessary for the State Board of Finance to perform its duties under this title;
(d) The Department of Taxation for its use in carrying out the provisions of sections 2 to 24, inclusive, of this act;
(e) An entity which insures or guarantees deposits;
[(e)] (f) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;
[(f)] (g) A person preparing a proposal for merging with or acquiring an institution or holding company, but only after notice of the disclosure has been given to the institution or holding company;
[(g)] (h) Any person to whom the subject of the report has authorized the disclosure;
[(h)] (i) Any other person if the Commissioner determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its stockholders, members, depositors and creditors; and
[(i)] (j) Any court in a proceeding initiated by the Commissioner concerning the financial institution.
2. All the reports made available pursuant to this section remain the property of the Division of Financial Institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.
Sec. 181.44. NRS 673.484 is hereby amended to read as follows:
673.484 The Commissioner may after notice and hearing suspend or revoke the charter of any association for [repeated] :
1. Repeated failure to abide by the provisions of this chapter or the regulations adopted thereunder.
2. Failure to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act.
Sec. 181.46. NRS 675.440 is hereby amended to read as follows:
675.440 1. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
2. At the conclusion of a hearing, the Commissioner shall:
(a) Enter a written order either dismissing the charges, revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of the order must be sent by registered or certified mail to the licensee.
(b) Impose upon the licensee a fine of $500 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted under it.
κ2003 Statutes of Nevada, 20th Special Session, Page 227 (CHAPTER 5, SB 8)κ
(c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his investigative costs and attorneys fees.
3. The grounds for revocation or suspension of a license are that:
(a) The licensee has failed to pay the annual license fee;
(b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted under it;
(c) The licensee has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act;
(d) Any fact or condition exists which would have justified the Commissioner in denying the licensees original application for a license hereunder; or
[(d)] (e) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days from the date the license was issued, or has failed to remain open for the conduct of the business for a period of 120 days without good cause therefor.
4. Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.
5. An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.
Sec. 181.48. NRS 676.290 is hereby amended to read as follows:
676.290 1. The Commissioner may, pursuant to the procedure provided in this chapter, deny, suspend or revoke any license for which application has been made or which has been issued under the provisions of this chapter if he finds, as to the licensee, its associates, directors or officers, grounds for action.
2. Any one of the following grounds may provide the requisite grounds for denial, suspension or revocation:
(a) Conviction of a felony or of a misdemeanor involving moral turpitude.
(b) Violation of any of the provisions of this chapter or regulations of the Commissioner.
(c) Fraud or deceit in procuring the issuance of the license.
(d) Continuous course of unfair conduct.
(e) Insolvency, filing in bankruptcy, receivership or assigning for the benefit of creditors by any licensee or applicant for a license under this chapter.
(f) Failure to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act.
(g) Failure to pay the fee for renewal or reinstatement of a license.
3. The Commissioner shall, after notice and hearing, impose upon the licensee a fine of $500 for each violation by the licensee of any of the provisions of this chapter or regulations of the Commissioner. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the Commissioner.
Sec. 181.50. NRS 677.510 is hereby amended to read as follows:
677.510 1. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
κ2003 Statutes of Nevada, 20th Special Session, Page 228 (CHAPTER 5, SB 8)κ
notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
2. At the conclusion of a hearing, the Commissioner shall:
(a) Enter a written order either dismissing the charges, or revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of the order must be sent by registered or certified mail to the licensee.
(b) Impose upon the licensee a fine of $500 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted pursuant thereto.
(c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his investigative costs and attorneys fees.
3. The grounds for revocation or suspension of a license are that:
(a) The licensee has failed to pay the annual license fee;
(b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter, or any lawful regulation adopted pursuant thereto;
(c) The licensee has failed to pay a tax as required pursuant to the provisions of sections 2 to 24, inclusive, of this act;
(d) Any fact or condition exists which would have justified the Commissioner in denying the licensees original application for a license hereunder; or
[(d)] (e) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days from the date the license was issued, or has failed to remain open for the conduct of the business for a period of 120 days without good cause therefor.
4. Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.
5. An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.
Sec. 182. NRS 679B.228 is hereby amended to read as follows:
679B.228 The Division [may] shall charge a person a fee [of $25] in the amount established by the State Controller pursuant to section 164.38 of this act for each check returned to the Division because the person had insufficient money or credit with the drawee to pay the check or because the person stopped payment on the check.
Sec. 183. NRS 687A.130 is hereby amended to read as follows:
687A.130 The Association is exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes [levied] :
1. Levied on real or personal property [.] ; or
2. Imposed pursuant to the provisions of sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act.
Sec. 183.3. NRS 694C.450 is hereby amended to read as follows:
694C.450 1. Except as otherwise provided in this section, a captive insurer shall pay to the Division, not later than March 1 of each year, a tax at the rate of:
(a) Two-fifths of 1 percent on the first $20,000,000 of its net direct premiums;
(b) One-fifth of 1 percent on the next $20,000,000 of its net direct premiums; and
κ2003 Statutes of Nevada, 20th Special Session, Page 229 (CHAPTER 5, SB 8)κ
(c) Seventy-five thousandths of 1 percent on each additional dollar of its net direct premiums.
2. Except as otherwise provided in this section, a captive insurer shall pay to the Division, not later than March 1 of each year, a tax at a rate of:
(a) Two hundred twenty-five thousandths of 1 percent on the first $20,000,000 of revenue from assumed reinsurance premiums;
(b) One hundred fifty thousandths of 1 percent on the next $20,000,000 of revenue from assumed reinsurance premiums; and
(c) Twenty-five thousandths of 1 percent on each additional dollar of revenue from assumed reinsurance premiums.
The tax on reinsurance premiums pursuant to this subsection must not be levied on premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection 1. A captive insurer is not required to pay any reinsurance premium tax pursuant to this subsection on revenue related to the receipt of assets by the captive insurer in exchange for the assumption of loss reserves and other liabilities of another insurer that is under common ownership and control with the captive insurer, if the transaction is part of a plan to discontinue the operation of the other insurer and the intent of the parties to the transaction is to renew or maintain such business with the captive insurer.
3. If the sum of the taxes to be paid by a captive insurer calculated pursuant to subsections 1 and 2 is less than $5,000 in any given year, the captive insurer shall pay a tax of $5,000 for that year.
4. Two or more captive insurers under common ownership and control must be taxed as if they were a single captive insurer.
5. Notwithstanding any specific statute to the contrary , [and] except as otherwise provided in this subsection, the tax provided for by this section constitutes all the taxes collectible pursuant to the laws of this state from a captive insurer, and no occupation tax or other taxes may be levied or collected from a captive insurer by this state or by any county, city or municipality within this state, except for taxes imposed pursuant to the provisions of sections 2 to 24, inclusive, or 40 to 63, inclusive, of this act and ad valorem taxes on real or personal property located in this state used in the production of income by the captive insurer.
6. Ten percent of the revenues collected from the tax imposed pursuant to this section must be deposited with the State Treasurer for credit to the Account for the Regulation and Supervision of Captive Insurers created pursuant to NRS 694C.460. The remaining 90 percent of the revenues collected must be deposited with the State Treasurer for credit to the State General Fund.
7. As used in this section, unless the context otherwise requires:
(a) Common ownership and control means:
(1) In the case of a stock insurer, the direct or indirect ownership of 80 percent or more of the outstanding voting stock of two or more corporations by the same member or members.
(2) In the case of a mutual insurer, the direct or indirect ownership of 80 percent or more of the surplus and the voting power of two or more corporations by the same member or members.
(b) Net direct premiums means the direct premiums collected or contracted for on policies or contracts of insurance written by a captive insurer during the preceding calendar year, less the amounts paid to policyholders as return premiums, including dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
κ2003 Statutes of Nevada, 20th Special Session, Page 230 (CHAPTER 5, SB 8)κ
policyholders as return premiums, including dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.
Sec. 183.5. Section 50 of this act is hereby amended to read as follows:
Sec. 50. 1. There is hereby imposed an excise tax on each employer at the rate of [0.7] 0.65 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment.
2. The tax imposed by this section must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.
3. Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:
(a) File with the Department:
(1) A return on a form prescribed by the Department; and
(2) A copy of any report required by the Employment Security Division of the Department of Employment, Training and Rehabilitation for determining the amount of the contribution required pursuant to NRS 612.535 for any wages paid by the employer during that calendar quarter; and
(b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.
4. Except as otherwise provided in subsection 5, an employer may deduct from the total amount of wages reported and upon which the excise tax is imposed pursuant to this section any amount authorized pursuant to this section that is paid by the employer for health insurance or a health benefit plan for its employees in the calendar quarter for which the tax is paid. The amounts for which the deduction is allowed include:
(a) For an employer providing a program of self-insurance for its employees, all amounts paid during the calendar quarter for claims, direct administrative services costs, including such services provided by the employer, and any premiums paid for individual or aggregate stop-loss insurance coverage. An employer is not authorized to deduct the costs of a program of self-insurance unless the program is a qualified employee welfare benefit plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq.
(b) The premiums for a policy of health insurance or reinsurance for a health benefit plan for its employees.
(c) Any amounts paid by an employer to a Taft-Hartley trust formed pursuant to 29 U.S.C. § 186(c)(5) for participation in an employee welfare benefit plan.
(d) Such other similar payments for health care or insurance for health care for employees as are authorized by the Department.
5. An employer may not deduct from the wages upon which the excise tax is imposed pursuant to this section:
(a) Amounts paid for health care or premiums paid for insurance for an industrial injury or occupational disease for which coverage is required pursuant to chapters 616A to 616D, inclusive, or 617 of NRS; or
κ2003 Statutes of Nevada, 20th Special Session, Page 231 (CHAPTER 5, SB 8)κ
(b) Any payments made by employees for health care or health insurance or amounts deducted from the wages of employees for such care or insurance.
6. An employer claiming the deduction allowed pursuant to subsection 4 shall submit with the return filed pursuant to subsection 3 proof of the amount paid in the calendar quarter that qualifies for the deduction. If the amount of the deduction exceeds the amount of reported wages, the excess amount may be carried forward to the following calendar quarter until the deduction is exhausted.
7. As used in this section, employee welfare benefit plan has the meaning ascribed to it in 29 U.S.C. § 1002.
Sec. 184. Section 108 of this act is hereby amended to read as follows:
Sec. 108. 1. Except as otherwise provided in subsection 8, a person shall not conduct a business in this state unless he has a business license issued by the Department.
2. An application for a business license must:
(a) Be made upon a form prescribed by the Department;
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business;
(c) Declare the estimated number of employees for the previous calendar quarter;
(d) Be accompanied by a fee of $100; and
(e) Include any other information that the Department deems necessary.
3. The application must be signed by:
(a) The owner, if the business is owned by a natural person;
(b) A member or partner, if the business is owned by an association or partnership; or
(c) An officer or some other person specifically authorized to sign the application, if the business is owned by a corporation.
4. If the application is signed pursuant to paragraph (c) of subsection 3, written evidence of the signers authority must be attached to the application.
5. A person who has been issued a business license by the Department shall submit a fee of $100 to the Department on or before the last day of the month in which the anniversary date of issuance of the business license occurs in each year, unless the person submits a written statement to the Department, at least 10 days before the anniversary date, indicating that the person will not be conducting business in this state after the anniversary date. A person who fails to submit the annual fee required pursuant to this subsection in a timely manner shall pay a penalty in the amount of $100 in addition to the annual fee.
6. The business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.
7. For the purposes of sections 102 to 108, inclusive, of this act, a person shall be deemed to conduct a business in this state if a business for which the person is responsible:
κ2003 Statutes of Nevada, 20th Special Session, Page 232 (CHAPTER 5, SB 8)κ
(a) Is organized pursuant to title 7 of NRS, other than a business organized pursuant to chapter 82 or 84 of NRS:
(b) Has an office or other base of operations in this state; or
(c) Pays wages or other remuneration to a natural person who performs in this state any of the duties for which he is paid.
8. A person who takes part in a trade show or convention held in this state for a purpose related to the conduct of a business is not required to obtain a business license specifically for that event.
Sec. 185. Section 6 of chapter 458, Statutes of Nevada 1999, at page 2133, is hereby amended to read as follows:
Sec. 6. The amendatory provisions of sections 2 to 5, inclusive, of this act expire by limitation on October 1, 2029.
Sec. 185.1. Section 19 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 19. Department of Human Resources.
For the support of the:
Department of Human Resources administration.................... $891,287...................................................................................................... $888,852
Indian Affairs Commission.............................................................. 131,359......................................................................................................... 133,879
Developmental Disabilities............................................................... 108,596......................................................................................................... 108,561
Community-Based Services......................................................... 2,572,327..................................................................................................... 2,906,951
Grants Management Unit.............................................................. 2,862,596..................................................................................................... 2,859,663
Fund for a Healthy Nevada............................................................. 685,135..................................................................................................... 2,128,180
Office of the State Public Defender............................................. 1,130,800..................................................................................................... 1,125,707
Division of Health Care Financing and Policy:
Nevada Medicaid.................................................................... [309,994,739].............................................................................................. [323,521,782]
308,804,739 321,631,782
..... Health Care Financing and Policy......................................... 1,787,965..................................................................................................... 1,818,670
..... Nevada Check-Up Program................................................... 9,079,718..................................................................................................... 9,633,520
Aging Services Division:
..... Aging Services Division............................................................ 2,941,193..................................................................................................... 3,002,643
..... Senior Services Program.......................................................... 1,293,105..................................................................................................... 1,726,630
..... Senior citizens property tax assistance................................ 3,623,044..................................................................................................... 4,197,507
..... EPS/Homemaker programs......................................................... 66,507......................................................................................................... 157,425
Division of Child and Family Services:
..... Juvenile justice programs........................................................... 707,605......................................................................................................... 707,605
..... UNITY/SACWIS...................................................................... 2,810,859..................................................................................................... 2,855,834
..... Children and family administration...................................... 6,729,770..................................................................................................... 6,871,462
..... Child Care Services...................................................................... 273,701......................................................................................................... 303,036
..... Nevada Youth Training Center.............................................. 7,297,312..................................................................................................... 7,754,782
κ2003 Statutes of Nevada, 20th Special Session, Page 233 (CHAPTER 5, SB 8)κ
..... Caliente Youth Center........................................................... $5,624,714................................................................................................... $6,031,929
..... Youth community services..................................................... 9,127,477..................................................................................................... 9,049,788
..... Youth alternative placement.................................................. 1,039,521..................................................................................................... 1,039,521
..... Youth parole services............................................................... 4,385,659..................................................................................................... 4,462,541
..... Northern Nevada child and adolescent services................. 2,074,367..................................................................................................... 2,162,036
..... Child Welfare Integration..................................................... 29,544,135................................................................................................... 31,986,727
Southern Nevada child and adolescent services....................... 7,234,446..................................................................................................... 7,982,397
..... Juvenile correctional facility................................................... 3,597,991..................................................................................................... 4,771,541
Health Division:
..... Office of health administration................................................. 589,085......................................................................................................... 594,472
..... Alcohol and drug rehabilitation............................................. 3,149,189..................................................................................................... 3,168,810
..... Vital statistics................................................................................ 685,683......................................................................................................... 700,371
..... Maternal child health services................................................ 1,278,193..................................................................................................... 1,283,727
..... Special Childrens Clinic.......................................................... 8,189,272..................................................................................................... 8,568,135
..... Community health services....................................................... 252,516......................................................................................................... 225,735
..... Consumer protection............................................................... 1,266,785..................................................................................................... 1,284,277
..... Radiological health...................................................................... 263,938................................................................................................................. 100
..... Sexually transmitted disease control.................................... 1,545,894..................................................................................................... 1,545,215
..... Communicable disease control................................................. 824,815......................................................................................................... 825,030
..... Emergency medical services...................................................... 757,041......................................................................................................... 758,385
..... Immunization program........................................................... 1,497,777..................................................................................................... 1,557,492
..... Health aid to counties.............................................................................. 0................................................................................................................. 100
Division of Mental Health and Developmental Services:
..... Division administration........................................................... 2,302,527..................................................................................................... 2,328,910
..... Mental health information system........................................... 422,955......................................................................................................... 422,722
..... Southern Nevada adult mental health services................ 39,330,129................................................................................................... 44,624,326
..... Northern Nevada adult mental health services................ 19,420,431................................................................................................... 20,949,266
..... Lakes Crossing Center............................................................. 5,522,274..................................................................................................... 5,574,740
..... Rural clinics............................................................................... 6,656,963..................................................................................................... 7,218,270
..... Desert Regional Center.......................................................... 23,911,426................................................................................................... 27,866,635
..... Sierra Regional Center........................................................... 12,158,657................................................................................................... 14,106,365
κ2003 Statutes of Nevada, 20th Special Session, Page 234 (CHAPTER 5, SB 8)κ
..... Rural Regional Center........................................................... $4,409,231................................................................................................... $5,556,937
..... Family preservation program.................................................... 944,719..................................................................................................... 1,104,396
Welfare Division:
..... Welfare administration............................................................ 7,664,319..................................................................................................... 8,282,894
..... Welfare field services............................................................. 20,382,465................................................................................................... 22,601,659
..... Assistance to aged and blind.................................................. 6,304,261..................................................................................................... 6,565,400
..... Temporary Assistance for Needy Families..................... [32,005,377]................................................................................................ [46,698,032]
29,303,377 42,668,032
..... Child Assistance and Development...................................... 9,033,701..................................................................................................... 9,033,701
Sec. 185.3. Section 35 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 35. Except as otherwise provided in this section, the total amounts appropriated in section 19 of this act to each of the accounts of the Division of Health Care Financing and Policy and the Welfare Division enumerated in section 32 of this act, except for the amounts appropriated for the health care financing and policy account, the assistance to the aged and blind program, the welfare administration account, and the welfare field services account, are limits. The divisions shall not request additional money for these programs, except for:
1. Increased state costs in Fiscal Year 2004-2005 in the event that federal financial participation rates are less than legislatively approved effective on October 1, 2004;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2003, and not specifically funded in the Nevada Medicaid account in Fiscal Years 2003-2004 and 2004-2005; or
3. Increased state costs in Fiscal Year 2003-2004 and Fiscal Year 2004-2005 in the event that the annual allocation of federal Temporary Assistance for Needy Families (TANF) block grant funds is lower than the amounts approved by the Legislature for either fiscal year.
4. Increased state costs in Fiscal Year 2003-2004 and Fiscal Year 2004-2005 in the event the caseloads of the programs for Temporary Assistance for Needy Families are higher than estimated in the final legislatively approved budget, up to the amount of:
For the Fiscal Year 2003-2004.................................. $3,892,000
For the Fiscal Year 2004-2005.................................. $5,920,000
Sec. 185.5. Section 58 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 58. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the [2003] Nevada Legislature for Fiscal Year 2003-2004 or 2004-2005, the Director of the Department of Administration shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $60,000,000 for Fiscal Year 2003-2004 or 2004-2005, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
κ2003 Statutes of Nevada, 20th Special Session, Page 235 (CHAPTER 5, SB 8)κ
pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature, or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 185.7. Section 61 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 61. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $12,500,000 in Fiscal Year 2003-2004 and [$20,000,000] $15,000,000 in Fiscal Year 2004-2005 for information technology and additional operational costs that may be required by the Department of Taxation or other state agency to implement or modify the collections of State General Fund revenues . [approved by the 72nd Session of the Nevada Legislature.]
2. If the Department of Taxation or other state agency determines that additional resources are necessary for information technology or additional operational costs related to subsection 1 the State Board of Examiners shall consider the request and recommend the amount of the allocation, if any, to the Interim Finance Committee.
3. The Interim Finance Committee is not required to approve the entire amount of an allocation recommended pursuant to subsection 2 or to allocate the entire amount appropriated in subsection 1.
4. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 185.9. Section 1 of Senate Bill No. 243 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Section 1. [1. There is hereby appropriated from the State General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the sum of $30,000,000.
2.] Notwithstanding the provisions of NRS 353.235:
[(a)] 1. Upon receipt of the projections and estimates of the Economic Forum required by paragraph (d) of subsection 1 of NRS 353.228 to be reported on or before December 1, 2004, the Interim Finance Committee shall project the ending balance of the State General Fund for Fiscal Year 2004-2005, using all relevant information known to it.
[(b)] 2. Except as otherwise provided in [paragraph (c),] subsection 3, there is hereby contingently appropriated from the State General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the amount, if any, by which the projection required by [paragraph (a)] subsection 1 exceeds the amount of the ending balance of the State General Fund for Fiscal Year 2004-2005 as estimated by the [2003 Legislature.
κ2003 Statutes of Nevada, 20th Special Session, Page 236 (CHAPTER 5, SB 8)κ
General Fund to the Fund to Stabilize the Operation of State Government created by NRS 353.288 the amount, if any, by which the projection required by [paragraph (a)] subsection 1 exceeds the amount of the ending balance of the State General Fund for Fiscal Year 2004-2005 as estimated by the [2003 Legislature.
(c)] Nevada Legislature.
3. The amount of any appropriation pursuant to [paragraph (b)] subsection 2 must not exceed [$20,000,000.] $50,000,000.
Sec. 186. 1. NRS 364A.160, 375.025 and 375.075 are hereby repealed.
2. NRS 463.4001, 463.4002, 463.4004, 463.4006, 463.4008, 463.4009 and 463.4015 are hereby repealed.
3. NRS 364A.010, 364A.020, 364A.030, 364A.040, 364A.050, 364A.060, 364A.070, 364A.080, 364A.090, 364A.100, 364A.110, 364A.120, 364A.130, 364A.135, 364A.140, 364A.150, 364A.151, 364A.152, 364A.1525, 364A.170, 364A.175, 364A.180, 364A.190, 364A.230, 364A.240, 364A.250, 364A.260, 364A.270, 364A.280, 364A.290, 364A.300, 364A.310, 364A.320, 364A.330, 364A.340 and 364A.350 are hereby repealed.
4. NRS 463.401, 463.402, 463.403, 463.404, 463.4045, 463.405, 463.4055 and 463.406 are hereby repealed.
Sec. 187. 1. Notwithstanding the provisions of this act and any other provision of law to the contrary, a public utility or local government franchisee may increase its previously approved rates by an amount which is reasonably estimated to produce an amount of revenue equal to the amount of any tax liability incurred by the public utility or local government franchisee before January 1, 2005, as a result of the provisions of this act.
2. For the purposes of this section:
(a) Local government franchisee means a person to whom a local government has granted a franchise for the provision of services who is required to obtain the approval of a governmental entity to increase any of the rates it charges for those services.
(b) Public utility means a public utility that is required to obtain the approval of a governmental entity to increase any of the rates it charges for a utility service.
Sec. 188. Notwithstanding the provisions of NRS 353.288:
1. After the close of the 2003-2004 Fiscal Year and after the close of the 2004-2005 Fiscal Year, the Interim Finance Committee shall determine the amount, if any, by which the total revenue from all sources to the State General Fund, excluding reversions to the State General Fund, exceeds:
(a) One hundred seven percent of the total revenue from all sources to the State General Fund as projected by the Nevada Legislature for the applicable fiscal year; and
(b) The total amount of all applicable contingent appropriations enacted for the 2003-2004 Fiscal Year and the 2004-2005 Fiscal Year by the Nevada Legislature for which the conditions for the contingent appropriations were satisfied.
2. Any excess amount of revenue determined pursuant to subsection 1 must be used as follows:
(a) An amount estimated by the Interim Finance Committee to pay for expenditures that will occur in the next biennium for which the corresponding expenditures in the current biennium were paid or are to be paid from a source other than the State General Fund, but for which the alternative source of revenue likely will not be available or will not be received during the biennium, must be used to replace previously used nonrecurring revenue.
κ2003 Statutes of Nevada, 20th Special Session, Page 237 (CHAPTER 5, SB 8)κ
paid from a source other than the State General Fund, but for which the alternative source of revenue likely will not be available or will not be received during the biennium, must be used to replace previously used nonrecurring revenue. This amount must be accounted for separately in the State General Fund.
(b) The remaining excess amount of revenue must be transferred to the Fund to Stabilize the Operation of the State Government created by NRS 353.288, in such an amount that does not cause the balance in the Fund to exceed the limitation on that balance set forth in NRS 353.288.
(c) Any remaining excess amount of revenue must be transferred to the Fund for Tax Accountability created pursuant to section 188.3 of this act.
Sec. 188.3. 1. The Fund for Tax Accountability is hereby created as a special revenue fund.
2. Money from the Fund may be appropriated only for the purpose of supplementing future revenue of this state to allow the reduction of the rate or amount of a tax or fee.
3. This section does not authorize a refund or other return of any tax or fee paid to this state pursuant to any statute or regulation in effect at the time the tax or fee was paid.
Sec. 188.5. 1. The Legislative Auditor shall conduct a performance audit of the Clark County School District. The performance audit must include issues identified in the Preliminary Performance Audit Survey conducted pursuant to section 46 of chapter 570, Statutes of Nevada 2001, at page 2867. These issues include, but are not limited to:
(a) Financial management;
(b) Facilities management;
(c) Personnel management;
(d) District organization; and
(e) Employee health plans.
2. The Legislative Auditor shall conduct a performance audit of the Washoe County School District. The performance audit must include issues identified in the Preliminary Performance Audit Survey conducted pursuant to section 46 of chapter 570, Statutes of Nevada 2001, at page 2867. These issues include, but are not limited to:
(a) Financial management;
(b) Facilities management;
(c) Personnel management; and
(d) Transportation.
3. The Legislative Auditor shall prepare a final written report for each of the audits conducted pursuant to subsections 1 and 2 and present the reports to the Audit Subcommittee of the Legislative Commission not later than February 7, 2005.
4. To the extent that the provisions of NRS 218.737 to 218.890, inclusive, are consistent with the requirements of this section, those provisions apply to the audits conducted pursuant to this section. For the purposes of this subsection, the Clark County School District and the Washoe County School District shall be deemed to be agencies of the State.
5. Upon the request of the Legislative Auditor or his authorized representative, the officers and employees of the Clark County School District and the Washoe County School District shall make available to the Legislative Auditor any of their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise and irrespective of their form or location, which the Legislative Auditor deems necessary to conduct the audits required by this section.
κ2003 Statutes of Nevada, 20th Special Session, Page 238 (CHAPTER 5, SB 8)κ
their form or location, which the Legislative Auditor deems necessary to conduct the audits required by this section.
Sec. 188.7. The Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau shall jointly:
1. Identify all departments, institutions and agencies of the Executive Department of the State Government that administer programs for the treatment of alcohol and drug abuse or provide funding to local governments for such programs;
2. Develop a proposal for coordinating such programs, reducing the administrative costs associated with such programs and maximizing the use of state revenue being expended for such programs; and
3. Report their recommendations to the Governor and the Director of the Legislative Counsel Bureau not later than December 1, 2004.
Sec. 189. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $100,000 for allocation to the Legislative Committee on Taxation, Public Revenue and Tax Policy to exercise its powers pursuant to section 158 of this act, including, without limitation, to hire a consultant.
2. The Interim Finance Committee may allocate to the Legislative Committee on Taxation, Public Revenue and Tax Policy all or any portion of the money appropriated by subsection 1.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 189.10. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account the sum of $108,937,389 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2003-2004 which must, except as otherwise provided in sections 189.14 and 189.18 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in sections 189.14 and 189.18 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,887 teachers employed by school districts to meet the required pupil-teacher ratios in the 2003-2004 school year.
3. Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2004, and must be transferred and added to the money appropriated to the State Distributive School Account pursuant to section 189.12 of this act for the 2004-2005 Fiscal Year, and may be expended as that money is expended.
Sec. 189.12. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account the sum of $117,142,553 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2004-2005 which must, except as otherwise provided in sections 189.14 and 189.18 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3.
κ2003 Statutes of Nevada, 20th Special Session, Page 239 (CHAPTER 5, SB 8)κ
388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.
2. Except as otherwise provided in sections 189.14 and 189.18 of this act, the money appropriated by subsection 1 must be used to pay the salaries and benefits of not less than 1,953 teachers employed by school districts to meet the required pupil-teacher ratios in the 2004-2005 school year.
3. Any remaining balance of the sum appropriated by subsection 1, including any money added thereto pursuant to section 189.10 of this act, must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 189.14. 1. Except as otherwise provided in subsection 2, the board of trustees of each county school district:
(a) Shall file a plan with the Superintendent of Public Instruction describing how the money appropriated by sections 189.10 and 189.12 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3; or
(b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 189.10 and 189.12 of this act to carry out an alternative program for reducing the ratio of pupils per teacher or to carry out programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2000-2001 school year. The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial programs in improving pupil achievement.
2. In lieu of complying with subsection 1, the board of trustees of a school district that is located in a county whose population is less than 100,000 may, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 189.10 and 189.12 of this act to carry out a program in which alternative pupil-teacher ratios are carried out in grades 1 through 5 or grades 1 through 6, as applicable. Alternative ratios for grade 6 may only be approved for those school districts that include grade 6 in elementary school. The alternative pupil-teacher ratios shall not:
(a) Exceed 22 to 1 in grades 1, 2 and 3; and
(b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as applicable.
3. If a school district receives approval to carry out programs of remedial education pursuant to paragraph (b) of subsection 1 or to carry out alternative pupil-teacher ratios pursuant to subsection 2, the school district shall evaluate the effectiveness of the alternative program. The evaluation must include, without limitation, the effect of the alternative program on:
(a) Team-teaching;
(b) Pupil discipline; and
(c) The academic achievement of pupils.
κ2003 Statutes of Nevada, 20th Special Session, Page 240 (CHAPTER 5, SB 8)κ
4. A school district shall submit a written report of the results of the evaluation to the Superintendent of Public Instruction on or before December 1 of each year for the immediately preceding school year. The Superintendent of Public Instruction shall summarize the results of the evaluations and report the findings in an interim report to the Legislative Committee on Education on or before February 16, 2004.
5. On or before February 1, 2005, the Superintendent of Public Instruction shall submit a final written report of the results of the evaluations of alternative class-size reduction programs to the Legislative Bureau of Educational Accountability and Program Evaluation. On or before February 15, 2005, the Legislative Bureau of Educational Accountability and Program Evaluation shall submit a copy of the written report to the Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature.
6. The interim report required pursuant to subsection 4 and the final written report required pursuant to subsection 5 must include, without limitation:
(a) The number of school districts for which an alternative class-size reduction program was approved;
(b) A description of the approved alternative class-size reduction programs; and
(c) The effect of the alternative class-size reduction programs on:
(1) Team teaching;
(2) Pupil discipline; and
(3) The academic achievement of pupils.
Sec. 189.16. 1. During the 2003-2005 biennium, a school district that is located in a county whose population is 100,000 or more shall study the current class-sizes in the school district for grades 1 to 5, inclusive, to determine whether alternative pupil-teacher ratios may:
(a) Improve the academic achievement of pupils;
(b) Decrease pupil discipline; or
(c) Decrease or eliminate team-teaching in grades 1 and 2.
2. In conducting the study, the school district shall consider the costs that would be associated with carrying out the alternative pupil-teacher ratios, including, without limitation, the:
(a) Number of additional classrooms needed; and
(b) Number of additional teachers needed.
3. On or before February 15, 2005, each school district that conducts a study of alternative pupil-teacher ratios pursuant to this section shall submit a written report of its findings concerning alternative pupil-teacher ratios to the:
(a) Director of the Legislative Counsel Bureau for transmission to the 73rd Session of the Nevada Legislature;
(b) Legislative Bureau of Educational Accountability and Program Evaluation; and
(c) State Board of Education.
Sec. 189.18. 1. The money appropriated for class-size reduction pursuant to sections 189.10 and 189.12 of this act:
(a) May be applied first to pupils considered most at risk of failure.
(b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
κ2003 Statutes of Nevada, 20th Special Session, Page 241 (CHAPTER 5, SB 8)κ
(c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated for class-size reduction pursuant to sections 189.10 and 189.12 of this act must not be distributed to a school district unless that school district has:
(a) Filed with the Department of Education a plan for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the State Distributive School Account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade for grades 1, 2 and 3, in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year. In addition, if a school district uses the allocations received from the State Distributive School Account for class-size reduction to carry out an alternative class-size reduction program as set forth in subsection 2 of section 189.14 of this act, a sufficient number of teachers have been employed to maintain the average pupil-teacher ratio that existed in each grade so reduced, in that school district for the 3 years immediately preceding the implementation of the alternative program.
Sec. 189.20. In no event may the alternative pupil-teacher ratios authorized pursuant to subsection 2 of section 189.14 of this act be carried out beyond the 2003-2005 biennium unless the 73rd Session of the Nevada Legislature determines that the alternative pupil-teacher ratios may be carried out after June 30, 2005.
Sec. 189.21. Notwithstanding the provisions of section 164.50 of this act, the Department of Education, the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau shall carry out the provisions of subsections 1 and 2 of that section for Fiscal Year 2003-2004 as soon as practicable after the effective date of that section.
Sec. 189.22. The basic support guarantee for school districts for operating purposes for the 2003-2004 Fiscal Year is an estimated weighted average of $4,295 per pupil. For each respective school district, the basic support guarantee per pupil for the 2003-2004 Fiscal Year is:
Carson City.......................................................................................... $4,923
Churchill County................................................................................. $5,418
Clark County....................................................................................... $4,127
Douglas County................................................................................... $4,541
Elko County......................................................................................... $5,307
Esmeralda County.............................................................................. $9,169
Eureka County.................................................................................... $3,495
Humboldt County............................................................................... $5,362
Lander County.................................................................................... $4,836
Lincoln County.................................................................................... $7,943
Lyon County........................................................................................ $5,553
Mineral County................................................................................... $6,012
Nye County.......................................................................................... $5,561
Pershing County.................................................................................. $6,385
Storey County...................................................................................... $7,082
κ2003 Statutes of Nevada, 20th Special Session, Page 242 (CHAPTER 5, SB 8)κ
Washoe County................................................................................... $4,161
White Pine County.............................................................................. $6,164
Sec. 189.24. 1. The basic support guarantee for school districts for operating purposes for the 2004-2005 Fiscal Year is an estimated weighted average of $4,424 per pupil.
2. On or before April 1, 2004, the Department of Taxation shall provide a certified estimate of the assessed valuation for each school district for the 2004-2005 Fiscal Year. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds of minerals derived from within the boundaries of the district.
3. Pursuant to NRS 362.115, on or before April 25 of each year, the Department of Taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators.
4. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the 2004-2005 Fiscal Year for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
Carson City $4,462 $643 $5,105
Churchill County $5,094 $514 $5,608
Clark County $3,328 $921 $4,249
Douglas County $3,196 $1,451 $4,647
Elko County $5,004 $508 $5,512
Esmeralda County $6,596 $2,987 $9,583
Eureka County $(5,236) $9,304 $4,068
Humboldt County $5,006 $642 $5,648
Lander County $3,741 $1,328 $5,069
Lincoln County $7,519 $664 $8,183
Lyon County $5,149 $593 $5,742
Mineral County $5,792 $473 $6,265
Nye County $4,888 $877 $5,765
Pershing County $5,714 $949 $6,663
Storey County $5,559 $1,848 $7,407
Washoe County $3,393 $908 $4,301
White Pine County $5,915 $482 $6,397
5. The ad valorem adjustment may be made only to take into account the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 2003, and the amount estimated as of April 1, 2004, for the 2004-2005 Fiscal Year. Estimates of net proceeds of minerals received from the Department of Taxation on or before April 25 pursuant to subsection 3 must be taken into consideration in determining the adjustment.
6. Upon receipt of the certified estimates of assessed valuations as of April 1, 2004, from the Department of Taxation, the Department of Education shall recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the 2004-2005 Fiscal Year by April 15, 2004.
κ2003 Statutes of Nevada, 20th Special Session, Page 243 (CHAPTER 5, SB 8)κ
Fiscal Year by April 15, 2004. The final basic support guarantee for each school district for the 2004-2005 Fiscal Year is the amount, which is recalculated for the 2004-2005 Fiscal Year pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the Department of Taxation on or before April 25, 2004. The basic support guarantee recalculated pursuant to this section must be calculated before May 31, 2004.
Sec. 189.26. 1. The basic support guarantee for each special education program unit that is maintained and operated for at least 9 months of a school year is $31,811 in the 2003-2004 Fiscal Year and $32,447 in the 2004-2005 Fiscal Year, except as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the Fiscal Years 2003-2004 and 2004-2005 are:
Allocation of Special Education Units
2003-2004 2004-2005
DISTRICT Units Amount Units Amount
Carson City 82 $2,608,502 84 $2,725,548
Churchill County 45 $1,431,495 46 $1,492,562
Clark County 1,594 $50,706,734 1,661 $53,894,467
Douglas County 64 $2,035,904 65 $2,109,055
Elko County 80 $2,544,880 80 $2,595,760
Esmeralda County 2 $63,622 2 $64,894
Eureka County 4 $127,244 4 $129,788
Humboldt County 30 $954,330 30 $973,410
Lander County 12 $381,732 12 $389,364
Lincoln County 17 $540,787 17 $551,599
Lyon County 56 $1,781,416 57 $1,849,479
Mineral County 12 $381,732 12 $389,364
Nye County 47 $1,495,117 50 $1,622,350
Pershing County 14 $445,354 14 $454,258
Storey County 8 $254,488 8 $259,576
Washoe County 491 $15,619,201 510 $16,547,970
White Pine County 17 $540,787 16 $519,152
Subtotal 2,575 $81,913,325 2,668 $86,568,596
Reserved by State
Board of Education 40 $1,272,440 40 $1,297,880
TOTAL 2,615 $83,185,765 2,708 $87,866,476
3. The State Board of Education shall reserve 40 special education program units in each fiscal year of the 2003-2005 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year. In addition, charter schools in this state are authorized to apply directly to the Department of Education for the reserved special education program units, which may be allocated upon approval of the State Board of Education.
4. Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the State Distributive School Account up to $181,067 in the Fiscal Year 2003-2004 for 5.69 special education program units and $190,877 in the Fiscal Year 2004-2005 for 5.88 special education program units for instructional programs incorporating educational technology for gifted and talented pupils.
κ2003 Statutes of Nevada, 20th Special Session, Page 244 (CHAPTER 5, SB 8)κ
education program units and $190,877 in the Fiscal Year 2004-2005 for 5.88 special education program units for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting one or more of the units for gifted and talented pupils. For each fiscal year of the 2003-2005 biennium, the Department will award the units for gifted and talented pupils based on a review of applications received from school districts.
Sec. 189.28. 1. There is hereby appropriated from the State General Fund to the State Distributive School Account in the State General Fund created pursuant to NRS 387.030:
For the 2003-2004 Fiscal Year............................................. $637,789,627
For the 2004-2005 Fiscal Year............................................. $767,086,697
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate Fiscal Years 2003-2004 and 2004-2005, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal year or may be transferred to Fiscal Year 2002-2003. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. If funds appropriated by subsection 1 are transferred to Fiscal Year 2002-2003, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2003-2004. Any amount transferred back to Fiscal Year 2003-2004 must not exceed the amount originally transferred to Fiscal Year 2002-2003.
5. Any remaining balance of the appropriation made by subsection 1 for the 2003-2004 Fiscal Year must be transferred and added to the money appropriated for the 2004-2005 Fiscal Year and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the 2004-2005 Fiscal Year, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 189.30. 1. Expenditure of $203,448,548 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2003.
2. Expenditure of $142,024,404 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during the fiscal year beginning July 1, 2004.
κ2003 Statutes of Nevada, 20th Special Session, Page 245 (CHAPTER 5, SB 8)κ
3. For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the State Distributive School Account from the State General Fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education, in subsections 1 and 2, for the purpose of meeting obligations of the State incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division of the Department of Administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 189.32. During each of the Fiscal Years 2003-2004 and 2004-2005, whenever the State Controller finds that current claims against the State Distributive School Account in the State General Fund exceed the amount available in the Account to pay those claims, he may advance temporarily from the State General Fund to the State Distributive School Account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the State Distributive School Account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.
Sec. 189.34. The Department of Education is hereby authorized to spend from the State Distributive School Account the sums of $16,926,569 for the 2003-2004 Fiscal Year and $17,843,596 for the 2004-2005 Fiscal Year for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2003-2005 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.
Sec. 189.36. The Department of Education is hereby authorized to provide from the State Distributive School Account the sum of $50,000 to each of the 17 school districts in each fiscal year of the 2003-2005 biennium to support special counseling services for elementary school pupils at risk of failure.
Sec. 189.38. The amounts of the guarantees set forth in sections 189.22 and 189.24 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 189.40. 1. The Department of Education shall transfer from the State Distributive School Account to the school districts specified in this section the following sums for Fiscal Years 2003-2004 and 2004-2005:
κ2003 Statutes of Nevada, 20th Special Session, Page 246 (CHAPTER 5, SB 8)κ
School District 2003-2004 2004-2005
Clark County School District $4,532,532 $4,552,361
Douglas County School District $1,146,374 $1,175,848
Elko County School District $1,291,907 $1,295,158
Washoe County School District $1,847,128 $1,913,468
$8,817,941 $8,936,835
2. A school district that receives an allocation pursuant to subsection 1 shall:
(a) Use the money to maintain and continue the operation of a regional training program for the professional development of teachers and administrators established by the school district pursuant to NRS 391.512; and
(b) Use the money to maintain and continue the operation of the Nevada Early Literacy Intervention Program through the regional training program established pursuant to paragraph (a).
3. Any remaining balance of the transfers made by subsection 1 for the 2003-2004 Fiscal Year must be added to the money received by the school districts for the 2004-2005 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2004-2005 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2005, and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
Sec. 189.42. 1. The Legislative Bureau of Educational Accountability and Program Evaluation is hereby authorized to receive from the State Distributive School Account to spend for an evaluation of the regional training programs for the professional development of teachers and administrators established pursuant to NRS 391.512:
For Fiscal Year 2003-2004 .......................................................... $100,000
For Fiscal Year 2004-2005 .......................................................... $100,000
2. Any remaining balance of the sums authorized for expenditure by subsection 1 for the 2003-2004 Fiscal Year must be added to the money authorized for expenditure for the 2004-2005 Fiscal Year and may be expended as that money is expended. Any remaining balance of the sums authorized for expenditure pursuant to subsection 1 for the 2004-2005 Fiscal Year, including any money added from the authorization for the previous fiscal year, must not be committed for expenditure after June 30, 2005, and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
Sec. 189.44. 1. The Department of Education shall transfer from the State Distributive School Account to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516 the sum of $80,000 in each Fiscal Year 2003-2004 and 2004-2005 for additional training opportunities for educational administrators in Nevada.
2. The Statewide Council shall use the money:
(a) To support the goals of Nevada Project LEAD (Leadership in Educational Administration Development), as established through the Department of Educational Leadership in the College of Education, located at the University of Nevada, Reno. In supporting the goals of Nevada Project LEAD, the Statewide Council shall:
κ2003 Statutes of Nevada, 20th Special Session, Page 247 (CHAPTER 5, SB 8)κ
(1) Disseminate research-based knowledge related to effective educational leadership behaviors and skills; and
(2) Develop, support and maintain on-going activities, programs, training and networking opportunities.
(b) For purposes of providing additional training for educational administrators, including, without limitation, paying:
(1) Travel expenses of administrators who attend the training program;
(2) Travel and per-diem expenses for any consultants contracted to provide additional training; and
(3) Any charges to obtain a conference room for the provision of the additional training.
(c) To supplement and not replace the money that the school district, Nevada Project LEAD or the regional training program would otherwise expend for training for administrators as described in this section.
3. Any remaining balance of the transfers made by subsection 1 for the 2003-2004 Fiscal Year must be added to the money received by the Statewide Council for the 2004-2005 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for the 2004-2005 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2005, and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
Sec. 189.46. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for remedial education programs for certain schools:
For Fiscal Year 2003-2004........................................................ $5,179,109
For Fiscal Year 2004-2005 ....................................................... $5,013,874
The money allocated must be used to provide remedial education programs that have been approved by the Department as being effective in improving pupil achievement.
2. A school may submit an application to the Department of Education on or before November 1 of each fiscal year for transmission to the State Board of Examiners for an allocation from the amount authorized by subsection 1 if the school:
(a) Receives a designation as demonstrating need for improvement.
(b) Did not receive a designation as demonstrating need for improvement, but the school failed to meet adequate yearly progress; or
(c) Did not receive a designation as demonstrating need for improvement, but more than 40 percent of the pupils enrolled in the school received an average score below the 26th percentile on all four subjects tested pursuant to NRS 389.015.
3. The Department of Education shall, in consultation with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, develop a form for such applications. The form must include, without limitation, a notice that money received by a school to implement or continue remedial education programs that have been approved by the Department as being effective in improving pupil achievement will be used to implement or continue the programs in a manner that has been approved by the vendor of the remedial program.
4. Upon receipt of an application submitted pursuant to subsection 2, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation.
κ2003 Statutes of Nevada, 20th Special Session, Page 248 (CHAPTER 5, SB 8)κ
Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department of Education concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school. In determining the amount of the allocation, the State Board of Examiners and the Interim Finance Committee shall consider:
(a) The total number of pupils enrolled in the school who failed to meet adequate yearly progress;
(b) The percentage of pupils enrolled in the school who failed to meet adequate yearly progress;
(c) The total number of subgroups of pupils, as prescribed by the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., enrolled in the school who failed to meet adequate yearly progress; and
(d) The financial need of the particular school.
5. In addition to the considerations set forth in subsection 4, in determining whether to approve an application for a school that has received an allocation in the immediately preceding year and in determining the amount of the allocation for such a school, the State Board of Examiners and the Interim Finance Committee shall consider whether the school has carried out the program of remedial study for which it received an allocation in a manner that has been approved by the vendor of the remedial program and whether the program has been successful, as measured by the academic achievement of the pupils enrolled in the school on the examinations administered pursuant to NRS 389.015 or 389.550 and any assessments related to the program of remedial study.
6. A school that receives an allocation of money pursuant to this section shall use the money to:
(a) Pay the costs incurred by the school in providing the program of remedial study required by NRS 385.389. The money must first be applied to those pupils who failed to meet adequate yearly progress.
(b) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the program of remedial study, equipment necessary to offer the program of remedial study and all other additional operating costs attributable to the program of remedial study, to the extent that the training, materials and equipment are those that are approved by the vendor of the remedial program.
(c) Supplement and not replace the money the school would otherwise expend for programs of remedial study.
7. Before a school amends a plan for expenditure of an allocation of money received pursuant to this section, the school district in which the school is located must submit the proposed amendment to the Department of Education to receive approval from the Department of Education, the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, or the Interim Finance Committee.
κ2003 Statutes of Nevada, 20th Special Session, Page 249 (CHAPTER 5, SB 8)κ
Educational Accountability and Program Evaluation, or the Interim Finance Committee.
8. The sums authorized for expenditure in subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
Sec. 189.48. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for supplemental services or tutoring for pupils in non-Title I schools that failed to meet adequate yearly progress on the examinations administered pursuant to NRS 389.550:
For the Fiscal Year 2003-2004................................................. $1,000,000
For the Fiscal Year 2004-2005 ................................................ $1,500,000
2. The supplemental services or tutoring for which money is provided pursuant to this section must:
(a) Be conducted before or after school, on weekends, during the summer or between sessions in schools with year-round school calendars; and
(b) Be selected by the Department as an approved provider in accordance with the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq.
3. A school may submit an application to the Department of Education on or before November 1 of each fiscal year for transmission to the State Board of Examiners for an allocation from the amount authorized by subsection 1 if the school:
(a) Receives a designation as demonstrating need for improvement; and
(b) Is not receiving money from Title I, 20 U.S.C. §§ 6301 et seq.
4. The Department of Education shall, in consultation with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, develop a form for such applications.
5. Upon receipt of an application submitted pursuant to subsection 3, the Department of Education shall review the application jointly with the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation. The Department of Education shall transmit the application to the State Board of Examiners with the recommendation of the Department of Education concerning the allocation of money based upon each application so received. The State Board of Examiners, or the Clerk of the Board if authorized by the Board to act on its behalf, shall consider each such application and, if it finds that an allocation should be made, recommend the amount of the allocation to the Interim Finance Committee. The Interim Finance Committee shall consider each such recommendation, but is not bound to follow the recommendation of the State Board of Examiners when determining the allocation to be received by a school district.
6. A school that receives an allocation of money pursuant to this section shall use the money to:
(a) Provide supplemental services or tutoring that has been selected and approved by the Department of Education.
κ2003 Statutes of Nevada, 20th Special Session, Page 250 (CHAPTER 5, SB 8)κ
(b) Pay the costs incurred by the school in providing the supplemental services or tutoring. The money must be applied to those pupils who failed to meet adequate yearly progress.
(c) Pay for the salaries, training or other compensation of teachers and other educational personnel to provide the supplemental services or tutoring, instructional materials required for the program, equipment necessary to offer the program and all other additional operating costs attributable to the program.
(d) Supplement and not replace the money the school district would otherwise expend for supplemental services or tutoring.
7. Before a school amends a plan for expenditure of an allocation of money received pursuant to this section, the school district in which the school is located must submit the proposed amendment to the Department of Education to receive approval from the Department of Education, the Budget Division of the Department of Administration and the Legislative Bureau of Educational Accountability and Program Evaluation, or the Interim Finance Committee.
8. The sums transferred pursuant to subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
Sec. 189.50. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for early childhood education:
For the Fiscal Year 2003-2004................................................. $2,896,583
For the Fiscal Year 2004-2005................................................. $2,896,583
2. Of the sums transferred pursuant to subsection 1, $301,000 in each fiscal year of the 2003-2005 biennium must be used for the Classroom on Wheels Program.
3. The remaining money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.
4. To receive a grant of money pursuant to subsections 2 and 3, school districts, community-based organizations and the Classroom on Wheels Program must submit a comprehensive plan to the Department of Education that includes, without limitation:
(a) A detailed description of the proposed early childhood education program;
(b) A description of the manner in which the money will be used, which must supplement and not replace the money that would otherwise be expended for early childhood education programs; and
(c) A plan for the longitudinal evaluation of the program to determine the effectiveness of the program on the academic achievement of children who participate in the program.
5. A school district, community-based organization or Classroom on Wheels Program that receives a grant of money shall:
(a) Use the money to initiate or expand prekindergarten education programs that meet the criteria set forth in the publication of the Department of Education, entitled August 2000 Public Support for Prekindergarten Education For School Readiness in Nevada.
(b) Use the money to supplement and not replace the money that the school district, community-based organization or Classroom on Wheels Program would otherwise expend for early childhood education programs, as described in this section.
κ2003 Statutes of Nevada, 20th Special Session, Page 251 (CHAPTER 5, SB 8)κ
Program would otherwise expend for early childhood education programs, as described in this section.
(c) Use the money to pay for the salaries and other items directly related to the instruction of pupils in the classroom.
(d) Submit a longitudinal evaluation of the program in accordance with the plan submitted pursuant to paragraph (c) of subsection 4.
The money must not be used to remodel classrooms or facilities or for playground equipment.
6. The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money were awarded pursuant to this section. The indicators must include, without limitation:
(a) Longitudinal measures of the developmental progress of children before and after their completion of the program;
(b) Longitudinal measures of parental involvement in the program before and after completion of the program; and
(c) The percentage of participants who drop out of the program before completion.
7. The Department of Education shall review the evaluations of the early childhood education programs submitted by each school district, community-based organization and the Classroom on Wheels Program pursuant to paragraph (d) of subsection 5 and prepare a compilation of the evaluations for inclusion in the report submitted pursuant to subsection 8.
8. The Department of Education shall, on an annual basis, provide a written report to the Governor, Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation regarding the effectiveness of the early childhood programs for which grants of money were received. The report must include, without limitation:
(a) The number of grants awarded;
(b) An identification of each school district, community-based organization and the Classroom on Wheels Program that received a grant of money and the amount of each grant awarded;
(c) For each school district, community based-organization and the Classroom on Wheels Program that received a grant of money:
(1) The number of children who received services through a program funded by the grant for each year that the program received funding from the State for early childhood programs; and
(2) The average per child expenditure for the program for each year the program received funding from the State for early childhood programs;
(d) A compilation of the evaluations reviewed pursuant to subsection 7 that includes, without limitation:
(1) A longitudinal comparison of the data showing the effectiveness of the different programs; and
(2) A description of the programs in this state that are the most effective; and
(e) Any recommendations for legislation.
9. Any balance of the sums transferred pursuant to subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State Distributive School Account as soon as all payments of money committed have been made.
κ2003 Statutes of Nevada, 20th Special Session, Page 252 (CHAPTER 5, SB 8)κ
Sec. 189.52. 1. The Department of Education shall transfer from the State Distributive School Account the following sums to purchase one-fifth of a year of service for certain teachers in accordance with NRS 391.165:
For the Fiscal Year 2003-2004................................................. $2,689,206
For the Fiscal Year 2004-2005................................................. $7,045,056
2. The Department of Education shall distribute the money appropriated by subsection 1 to the school districts to assist the school districts with paying for the retirement credit for certain teachers in accordance with NRS 391.165. The amount of money distributed to each school district must be proportionate to the total costs of paying for the retirement credit pursuant to NRS 391.165 for each fiscal year. If insufficient money is available from the appropriation to pay the total costs necessary to pay the retirement credit for each fiscal year, the school district shall pay the difference to comply with NRS 391.165.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 189.54. 1. The Department of Education shall transfer from the State Distributive School Account the following sum to purchase one-fifth of a year of service for certain licensed educational personnel in accordance with NRS 391.165:
For the Fiscal Year 2004-2005................................................. $5,732,643
2. The Department of Education shall distribute the money appropriated by subsection 1 to the school districts to assist the school districts with paying for the retirement credit for certain licensed educational personnel in accordance with NRS 391.165. The amount of money distributed to each school district must be proportionate to the total costs of paying for the retirement credit pursuant to NRS 391.165 for each fiscal year. If insufficient money is available to pay the total costs necessary to pay the retirement credit for each fiscal year, the school district shall pay the difference to comply with NRS 391.165.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 189.56. Of the amounts included in the basic support guarantee amounts enumerated in sections 189.22 and 189.24 of this act, $64,425,447 for Fiscal Year 2003-2004 and $66,721,434 for Fiscal Year 2004-2005 must be expended for the purchase of textbooks, instructional supplies and instructional hardware as prescribed in section 164.50 of this act.
Sec. 189.58. All funding remaining in the Fund for School Improvement at the close of Fiscal Year 2002-2003 shall be transferred to the budget for the State Distributive School Account and shall be authorized for expenditure in that account.
Sec. 189.60. The sums appropriated or authorized in sections 189.40 to 189.54, inclusive, of this act:
1. Must be accounted for separately from any other money received by the school districts of this state and used only for the purposes specified in the applicable section of this act.
κ2003 Statutes of Nevada, 20th Special Session, Page 253 (CHAPTER 5, SB 8)κ
2. May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
3. May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
Sec. 189.62. 1. The Department of Education shall transfer from the State Distributive School Account the following sums for special transportation costs to school districts:
For the 2003-2004 school year...................................................... $47,715
For the 2004-2005 school year...................................................... $47,715
2. Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for any pupil to a school outside the school district in which his residence is located.
Sec. 189.64. There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 in the State General Fund the sum of $3,152,559 for an unanticipated shortfall in money in Fiscal Year 2002-2003. This appropriation is supplemental to that made by section 4 of chapter 565, Statutes of Nevada 2001, at page 2832 and to that made pursuant to Assembly Bill No. 253 of the 72nd Legislative Session.
Sec. 189.66. Each school district shall expend the revenue made available through this act, as well as other revenue from state, local and federal sources, in a manner that is consistent with NRS 288.150 and that is designed to attain the goals of the Legislature regarding educational reform in this state, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language. Materials and supplies for classrooms are subject to negotiation by employers with recognized employee organizations.
Sec. 190. 1. Section 170 of this act does not apply to any license fees precollected pursuant to chapter 463 of NRS on or before the effective date of that section.
2. Sections 122.3, 122.4 and 122.5 of this act do not apply to any taxes precollected pursuant to chapter 370 of NRS on or before the effective date of those sections.
3. Sections 122.1, 122.2 and 169.5 of this act do not affect the amount of any license fees or taxes due for any period ending on or before July 31, 2003.
4. For a licensed gaming establishment that is exempt from the payment of the casino entertainment tax imposed by NRS 463.401 before September 1, 2003, but is required to pay that tax on and after that date, sections 171 and 172 of this act apply to any taxable receipts that are collected pursuant to those sections on or after September 1, 2003, and before January 1, 2004.
5. Sections 65 to 100, inclusive, of this act apply to any taxable receipts that are collected pursuant to the provisions of those sections on or after January 1, 2004.
Sec. 191. 1. The provisions of subsection 3 of section 186 of this act do not:
(a) Affect any rights, duties or liability of any person relating to any taxes imposed pursuant to chapter 364A of NRS for any period ending before October 1, 2003.
κ2003 Statutes of Nevada, 20th Special Session, Page 254 (CHAPTER 5, SB 8)κ
(b) Apply to the administration, collection and enforcement of any taxes imposed pursuant to chapter 364A of NRS for any period ending before October 1, 2003.
2. The provisions of subsection 4 of section 186 of this act do not:
(a) Affect any rights, duties or liability of any person relating to any taxes imposed pursuant to NRS 463.401 before January 1, 2004.
(b) Apply to the administration, collection and enforcement of any taxes imposed pursuant to NRS 463.401 before January 1, 2004.
Sec. 192. The Legislative Committee on Taxation, Public Revenue and Tax Policy established by the provisions of section 156 of this act shall:
1. Review and study:
(a) The impact, if any, that the imposition of the tax on live entertainment imposed pursuant to section 78 of this act has had on revenue received by the state and local governments from special events conducted in this state.
(b) Whether promoters of special events are contracting with entities in other states to hold the special events in those other states as a result of the imposition of the tax.
(c) The loss of revenue, if any, from special events resulting from the imposition of the tax.
(d) The feasibility and need for exempting such special events from the tax.
(e) Standards and procedures that may be adopted for determining whether special events should be exempt from the tax and the qualifications for such an exemption.
2. Submit a report of the results of its review and any recommendations for legislation to the 73rd Session of the Nevada Legislature.
Sec. 192.3. The State Controller shall, on or before January 1, 2004, adopt such regulations as are necessary to carry out section 164.38 of this act.
Sec. 192.5. The Nevada Tax Commission shall report to the Legislative Committee on Taxation, Public Revenue and Tax Policy periodically concerning any increase or decrease in the number and subject of appeals filed with the Commission during the 2003-2005 biennium.
Sec. 193. 1. This section and sections 110, 120, 121, 122, 122.3, 122.4, 122.5, 127, 130, 141, 143, 145, 154 to 161, inclusive, 164.10 to 164.34, inclusive, 166.5, 170, 185, 185.5, 185.7, 185.9, 187 to 188.7, inclusive, and 190 to 192.5, inclusive, of this act and subsection 1 of section 186 of this act become effective upon passage and approval.
2. Sections 189.58 and 189.64 of this act become effective upon passage and approval and apply retroactively to June 30, 2003.
3. Sections 164.50, 164.60, 164.70, 165.2, 185.1, 185.3, 189, 189.10, 189.14 to 189.56, inclusive, 189.60, 189.62 and 189.66 of this act become effective upon passage and approval and apply retroactively to July 1, 2003.
4. Sections 122.1, 122.2, 169.5 and 173.5 of this act become effective on August 1, 2003.
5. Sections 171 and 172 of this act and subsection 2 of section 186 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On September 1, 2003, for all other purposes.