[Rev. 2/6/2019 2:12:39 PM]
κ2011 Statutes of Nevada, Page 3425κ
Assembly Bill No. 449Assemblymen Oceguera, Kirkpatrick, Conklin, Smith, Goicoechea; Aizley, Anderson, Atkinson, Benitez-Thompson, Bobzien, Brooks, Bustamante Adams, Carlton, Carrillo, Daly, Diaz, Dondero Loop, Ellison, Flores, Frierson, Goedhart, Grady, Hambrick, Hammond, Hansen, Hardy, Hickey, Hogan, Horne, Kirner, Kite, Livermore, Mastroluca, Munford, Neal, Ohrenschall, Pierce, Segerblom, Sherwood, Stewart and Woodbury
Joint Sponsors: Senators Horsford and McGinness
CHAPTER 507
[Approved: June 17, 2011]
AN ACT relating to economic development; creating and prescribing the duties of the Advisory Council on Economic Development; creating and prescribing the duties and powers of the Board of Economic Development; creating and prescribing the duties and powers of the Office of Economic Development; prescribing the duties and powers of the Executive Director of the Office; establishing a fund to provide grants and loans to regional development authorities for the purpose of economic development; establishing a fund to provide financial assistance to certain institutions within the Nevada System of Higher Education for the development and commercialization of new technologies; amending provisions relating to the Commission on Economic Development, the Governors Workforce Investment Board and the Secretary of States business portal; transferring the duties and powers of the Commission on Economic Development to the Office of Economic Development; revising the provisions governing certain partial abatements from taxation and the issuance of certain revenue bonds; revising and repealing various provisions relating to economic development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The provisions of this bill establish a structure for the economic development programs of this State. Section 8 creates an Advisory Council on Economic Development and prescribes its duties. Section 10 creates the Board of Economic Development, consisting of the Governor or his or her designee, the Lieutenant Governor or his or her designee, the Secretary of State or his or her designee, the Chancellor of the Nevada System of Higher Education or his or her designee and seven persons appointed by the Governor, the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leaders of the Assembly and Senate and the Department of Employment, Training and Rehabilitation. Sections 12 and 13 create the Office of Economic Development within the Office of the Governor and the position of Executive Director of the Office, who must be appointed by the Governor from a list of three persons recommended by the Board. Section 11 prescribes the duties of the Board. Sections 14 and 15 prescribe the duties of the Office and its Executive Director, which include, without limitation, the development of a State Plan for Economic Development and the designation of regional development authorities for the regions of this State. Section 86 repeals the provisions authorizing the establishment of regional development districts by the Governor. Section 15.5 of this bill authorizes the Office of Economic Development to enter into certain contracts with regional development authorities for services which promote the economic development of this State and aid the implementation of the State Plan for Economic Development.
κ2011 Statutes of Nevada, Page 3426 (CHAPTER 507, AB 449)κ
Economic Development. On and after July 1, 2012, sections 82 and 83 authorize the Office and its Executive Director to coordinate, oversee and reorganize the programs for economic development in this State consistently with the State Plan for Economic Development. On July 1, 2012, sections 1.5, 24-29, 30, 31, 31.7-36, 43-45, 47-51, 54-69, 71 and 79-80 transfer the existing powers and duties of the Commission on Economic Development to the Office of Economic Development and require the coordination of certain activities of various public entities with the activities of the Office. In addition, sections 49-51 require the recipients of certain partial tax abatements approved by the Office to repay the abated amounts if the recipients cease to meet the eligibility requirements for the abatements.
Sections 52.3-53.7 of this bill require the Director of the Department of Business and Industry to obtain the approval of the Office of Economic Development before the Director issues certain revenue bonds for industrial development.
Section 70 of this bill amends provisions concerning partial abatements of property taxes for certain energy-efficient buildings to require the Director of the Office of Energy to consult with the Office of Economic Development and requires the recipients of those abatements to repay the abated amounts if the recipients cease to meet the eligibility requirements for the abatements.
Sections 72-78 of this bill amend provisions concerning partial tax abatements for certain renewable energy facilities to require consultation between the Nevada Energy Commissioner and the Office of Economic Development in granting the partial tax abatements and to require the recipients of those abatements to repay the abated amounts if the recipients cease to meet the eligibility requirements for the abatements.
Sections 9, 16, 17 and 17.5 of this bill create and provide for the administration of the Catalyst Fund. The money in the Catalyst Fund does not revert and may be supplemented by gifts, grants, donations, bequests or other sources of money. Section 9 authorizes the Commission on Economic Development to make, after considering the advice and recommendations of the Advisory Council on Economic Development, grants or loans of money from the Catalyst Fund to regional development authorities. The grants or loans must be used to make grants or loans to, or investments in, businesses seeking to create or expand in this State or relocate to this State. On July 1, 2012, section 17 transfers the authority to make those grants or loans to the Executive Director of the Office of Economic Development.
Sections 18-22 establish a program for the development and commercialization of research and technology at the University of Nevada, Las Vegas, the University of Nevada, Reno, and the Desert Research Institute. Section 19 creates the Knowledge Fund. Section 22 requires the Executive Director of the Office of Economic Development to allocate money in the Knowledge Fund to be used by the Universities and the Desert Research Institute to provide funding for: (1) the recruitment, hiring and retention of faculty and teams to conduct research in science and technology; (2) research laboratories and related equipment; (3) the construction of research clinics, institutes and facilities and related buildings in this State; and (4) matching funds for federal and private grants that further economic development. Under section 21, the Executive Director must use money in the Knowledge Fund to establish a technology outreach program at strategic locations throughout this State and ensure that the program assists with the development of commercial applications of research. Section 20 requires the Executive Director to establish economic development goals and objectives for these programs and to monitor the programs and the use of money from the Knowledge Fund. Section 19.3 authorizes the Executive Director, the University of Nevada, Las Vegas, the University of Nevada, Reno and the Desert Research Institute to enter into agreements for the allocation of commercialization revenue generated from programs receiving money from the Knowledge Fund.
κ2011 Statutes of Nevada, Page 3427 (CHAPTER 507, AB 449)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.085 is hereby amended to read as follows:
223.085 1. The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology and the Governors mansion. Any such employees are not in the classified or unclassified service of the State and , except as otherwise provided in sections 12 and 13 of this act, serve at the pleasure of the Governor.
2. The Governor shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
Sec. 1.5. NRS 223.610 is hereby amended to read as follows:
223.610 The Director of the Office of Science, Innovation and Technology shall:
1. Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.
2. Work in coordination with the [Commission on] Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.
3. As directed by the Governor [,] and the Executive Director of the Office of Economic Development, identify, recommend and carry out policies related to science, innovation and technology.
4. Report periodically to the [Chair and] Executive Director of the [Commission on] Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.
5. Develop and coordinate efforts to attract biotechnological companies to this State.
6. Establish and maintain a clearinghouse of information regarding biotechnological business in this State.
7. In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
Sec. 2. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 22, inclusive, of this act.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3.5 to 7.5, inclusive, of this act have the meanings ascribed to them in those sections.
κ2011 Statutes of Nevada, Page 3428 (CHAPTER 507, AB 449)κ
Sec. 3.5. Administrative or operating purposes includes, without limitation, the dissemination of program information, marketing, grant writing, accounting services, legal services, travel and training.
Sec. 4. Board means the Board of Economic Development created by section 10 of this act.
Sec. 4.5. Development resource means any funding or other resource for economic development, including, without limitation, a structured lease of real property. The term does not include any funding for administrative or operating purposes or any grant, loan or allocation of money from the Catalyst Fund created by section 16 of this act or the Knowledge Fund created by section 19 of this act.
Sec. 5. Executive Director means the Executive Director of the Office.
Sec. 6. Office means the Office of Economic Development created by section 12 of this act.
Sec. 7. Organization for economic development means an organization which promotes, aids or encourages economic development in this State or a locality or region of this State.
Sec. 7.5. Regional development authority means an organization for economic development which is:
1. A local governmental entity, composed solely of two or more local governmental entities or a private nonprofit entity; and
2. Designated by the Executive Director as a regional development authority pursuant to subsection 4 of section 14 of this act.
Sec. 8. 1. The Advisory Council on Economic Development is hereby created. The Advisory Council consists of:
(a) The Governor;
(b) The Lieutenant Governor;
(c) The Speaker of the Assembly;
(d) The Majority Leader of the Senate;
(e) The Minority Leader of the Assembly;
(f) The Minority Leader of the Senate; and
(g) The Secretary of State.
2. The Lieutenant Governor shall serve as the Chair of the Advisory Council.
3. The members of the Advisory Council shall serve without compensation except that:
(a) Upon the prior approval of the Executive Director, the members of the Advisory Council who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Advisory Council; and
(b) For each day or portion of a day during which a member of the Advisory Council who is a Legislator is engaged in the official business of the Advisory Council, except during a regular or special session of the Legislature, the Legislator is entitled to receive the per diem allowance provided for state officers generally and the travel expenses provided pursuant to NRS 218A.655. The per diem allowances and travel expenses of the members of the Advisory Council who are Legislators must be paid from the Legislative Fund.
4. The members of the Advisory Council shall:
κ2011 Statutes of Nevada, Page 3429 (CHAPTER 507, AB 449)κ
(a) Meet at least once each quarter to discuss the efforts made by each member to further the economic development of this State and the results and expected results of those efforts.
(b) Market this State to further the economic development of this State and, after the Executive Director has developed the State Plan for Economic Development pursuant to subsection 2 of section 14 of this act, conduct such marketing in accordance with the State Plan for Economic Development. The efforts made pursuant to this paragraph may include, without limitation, attending industry conferences, publicizing the economic development programs of this State and meeting with the leaders of businesses who express interest in expanding or relocating in this State.
(c) Provide advice to the Board concerning the economic development of this State.
Sec. 9. 1. In consultation with the Advisory Council on Economic Development created by section 8 of this act, the Commission on Economic Development shall:
(a) Evaluate the performance of local and regional organizations for economic development in this State and, based on the evaluation, make recommendations concerning the funding of or withdrawal of funding from specific local and regional organizations for economic development.
(b) Establish procedures for applying to the Commission on Economic Development for a development resource or a grant or loan of money from the Catalyst Fund created by section 16 of this act. The procedures must:
(1) Include, without limitation, a requirement that applications for development resources, grants or loans must set forth:
(I) The proposed use of the development resource, grant or loan;
(II) The plans, projects and programs for which the development resource, grant or loan will be used;
(III) The expected benefits of the development resource, grant or loan; and
(IV) A statement of the short-term and long-term impacts of the use of the development resource, grant or loan; and
(2) Allow an applicant to revise his or her application upon the recommendation of the Commission on Economic Development.
(c) Develop the criteria for awarding grants and loans from the Catalyst Fund created by section 16 of this act.
(d) Develop criteria for evaluating the performance of local and regional organizations for economic development.
(e) Establish requirements for reports from the recipients of development resources and grants or loans of money from the Catalyst Fund concerning the use thereof. The requirements must include, without limitation, a requirement that the recipient of a grant or loan of money include in such a report:
(1) A description of each activity undertaken with money from the grant or loan and the amount of money used for each such activity;
(2) The return on the money provided by the grant or loan;
(3) A statement of the benefit to the public from the grant or loan; and
(4) Such documentation as the Commission deems appropriate to support the information provided in the report.
κ2011 Statutes of Nevada, Page 3430 (CHAPTER 507, AB 449)κ
2. In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this section:
(a) A regional development authority which is a local government or composed solely of two or more local governmental entities; or
(b) A private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments,
Κ may apply to the Commission on Economic Development for a grant or loan of money from the Catalyst Fund created pursuant to section 16 of this act. If a private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments applies for a grant or loan of money from the Catalyst Fund, the regional development authority which is a local government or composed solely of two or more local governments must be the entity which submits the application and receives and distributes the grant or loan.
3. In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection, a regional development authority may apply to the Commission on Economic Development for a development resource. A private nonprofit regional development authority applying for a development resource which is a grant or loan of money must apply in partnership with a regional development authority which is a local government or composed solely of two or more local governments. Any development resource which is a grant or loan of money must be received and distributed by the regional development authority which is a local government or composed solely of two or more local governments.
4. Upon receipt of an application pursuant to subsection 2 or 3, the Commission on Economic Development shall review the application and determine whether the approval of the application would promote the economic development of this State. If the Commission determines that approving the application will promote the economic development of this State, the Commission may approve the application and provide a development resource or make a grant or loan of money from the Catalyst Fund to the applicant.
5. Except as otherwise provided in this subsection or another specific statute, each development resource or grant or loan of money from the Catalyst Fund which the Commission on Economic Development provides to a regional development authority must be used to provide development resources, grants or loans to, or to make investments in, businesses seeking to create or expand in this State or relocate to this State. The Commission on Economic Development may provide a development resource or a grant or loan of money to a regional development authority to be used for administrative or operating expenses, but no money from the Catalyst Fund may be used by any organization for economic development for such purposes.
6. Before providing a development resource, grant or loan to a regional development authority pursuant to subsection 4, the Commission shall enter into an agreement with the regional development authority which sets forth terms and conditions for the development resource, grant or loan, including, without limitation, a requirement that the regional development authority must enter into a separate agreement with each business to which the regional development authority provides any portion of the development resource, grant or loan which requires the business to return the development resource, grant or loan to the Commission if it is not used in accordance with the agreement between the regional development authority and the Commission.
κ2011 Statutes of Nevada, Page 3431 (CHAPTER 507, AB 449)κ
business to which the regional development authority provides any portion of the development resource, grant or loan which requires the business to return the development resource, grant or loan to the Commission if it is not used in accordance with the agreement between the regional development authority and the Commission.
7. The Advisory Council on Economic Development shall provide advice and recommendations to assist the Commission on Economic Development in carrying out the duties prescribed by this section. The Commission must consider the advice and recommendations of the Advisory Council but is not required to follow the advice and recommendations of the Advisory Council, and any such recommendations are advisory in nature.
Sec. 10. 1. There is hereby created the Board of Economic Development, consisting of:
(a) The following voting members:
(1) The Governor or his or her designee;
(2) The Lieutenant Governor or his or her designee;
(3) The Secretary of State or his or her designee; and
(4) Six members who must be selected from the private sector and appointed as follows:
(I) Three members appointed by the Governor;
(II) One member appointed by the Speaker of the Assembly;
(III) One member appointed by the Majority Leader of the Senate; and
(IV) One member appointed by the Minority Leader of the Assembly or the Minority Leader of the Senate. The Minority Leader of the Senate shall appoint the member for the initial term, the Minority Leader of the Assembly shall appoint the member for the next succeeding term, and thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.
(b) The following nonvoting members:
(1) The Chancellor of the Nevada System of Higher Education or his or her designee; and
(2) One member appointed by the Department of Employment, Training and Rehabilitation from the membership of the Governors Workforce Investment Board.
2. In appointing the members of the Board described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Board represent the diversity of this State, including, without limitation, different strategically important industries, different geographic regions of this State and different professions.
3. The Governor or his or her designee shall serve as the Chair of the Board.
4. Except as otherwise provided in this subsection, the members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 and subparagraph (2) of paragraph (b) of subsection 1 are appointed for terms of 4 years. The initial members of the Board shall by lot select three of the initial members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 to serve an initial term of 2 years.
κ2011 Statutes of Nevada, Page 3432 (CHAPTER 507, AB 449)κ
5. Vacancies in the appointed positions on the Board must be filled by the appointing authority for the unexpired term.
6. The Executive Director shall serve as the nonvoting Secretary of the Board.
7. A majority of the Board constitutes a quorum, and a majority of the Board is required to exercise any power conferred on the Board.
8. The Board shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the members of the Board.
9. The members of the Board serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Board.
Sec. 11. The Board shall:
1. Review and evaluate all programs of economic development in this State and make recommendations to the Legislature for legislation to improve the effectiveness of those programs in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
2. Recommend to the Executive Director a State Plan for Economic Development and make recommendations to the Executive Director for carrying out the State Plan for Economic Development.
3. Recommend to the Executive Director the criteria for the designation of regional development authorities.
4. Make recommendations to the Executive Director for the designation for the southern region of this State, the northern region of this State and the rural region of this State, one or more regional development authorities for each region.
5. Provide advice and recommendations to the Executive Director concerning:
(a) The procedures to be followed by any entity seeking to obtain any development resource, allocation, grant or loan from the Office;
(b) The criteria to be used by the Office in providing development resources and making allocations, grants and loans;
(c) The requirements for reports from the recipients of development resources, allocations, grants and loans from the Office concerning the use thereof; and
(d) Any other activities of the Office.
6. Review each proposal by the Executive Director to allocate, grant or loan more than $100,000 to any entity and, as the Board determines to be in the best interests of the State, approve or disapprove the proposed allocation, grant or loan. Notwithstanding any other statutory provision to the contrary, the Executive Director shall not make any allocation, grant or loan of more than $100,000 to any entity unless the allocation, grant or loan is approved by the Board.
Sec. 12. 1. There is hereby created within the Office of the Governor the Office of Economic Development.
2. The Governor shall propose a budget for the Office.
3. Employees of the Office are not in the classified or unclassified service of this State and serve at the pleasure of the Executive Director.
Sec. 13. The Executive Director:
1. Must be appointed by the Governor from a list of three persons recommended by the Board.
κ2011 Statutes of Nevada, Page 3433 (CHAPTER 507, AB 449)κ
2. Is not in the classified or unclassified service of this State.
3. Serves at the pleasure of the Board, except that he or she may be removed by the Board only if the Board finds that his or her performance is unsatisfactory.
4. Shall devote his or her entire time to the duties of his or her office and shall not engage in any other gainful employment or occupation.
Sec. 14. After considering any pertinent advice and recommendations of the Board, the Executive Director:
1. Shall direct and supervise the administrative and technical activities of the Office.
2. Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:
(a) New industries which have the potential to be developed in this State;
(b) The strengths and weaknesses of this State for business incubation;
(c) The competitive advantages and weaknesses of this State;
(d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;
(e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and
(f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.
3. Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.
4. Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section.
5. Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.
6. May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of sections 12 to 15.5, inclusive, and 17 to 22, inclusive, of this act.
7. May adopt such regulations as may be necessary to carry out the provisions of sections 12 to 15.5, inclusive, and 17 to 22, inclusive, of this act.
Sec. 15. Under the direction of the Executive Director, the Office shall:
1. Provide administrative and technical support to the Board.
2. Support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of section 14 of this act and the private sector to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada.
κ2011 Statutes of Nevada, Page 3434 (CHAPTER 507, AB 449)κ
Sec. 15.5. 1. In accordance with the provisions of this section and under the direction of the Executive Director, the Office may enter into contracts with regional development authorities for services which promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act. A contract entered into pursuant to this section must only provide funding for administrative or operating purposes.
2. Before entering into a contract pursuant to subsection 1, the Office, in consultation with the Board, must issue a request for proposals. The request for proposals must include, without limitation, provisions requiring a bid submitted by a regional development authority to state:
(a) The services to be provided by the regional development authority;
(b) The plans, projects and programs for which the regional development authority is seeking to enter into the contract;
(c) The expected benefits of the contract; and
(d) The short-term and long-term impacts of the contract.
3. A contract entered into pursuant to this section must:
(a) Set forth the services to be provided, and the plans, projects and programs to be carried out, by the regional development authority;
(b) Include a provision requiring the regional development authority to refund any funding provided pursuant to the contract if it is not used in accordance with the contract;
(c) Promote, aid or encourage the economic development of this State and aid in the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act; and
(d) Require the regional development authority to submit the reports required by subsection 4.
4. A regional development authority which enters into a contract pursuant to this section must submit to the Office reports concerning the use of the funding provided pursuant to the contract. The reports must include, without limitation:
(a) A description of each activity undertaken with funding provided pursuant to the contract and the amount of funding used for each such activity;
(b) The return on the funding provided pursuant to the contract;
(c) A statement of the benefit to the public from the funding provided pursuant to the contract; and
(d) Such documentation as the Executive Director deems appropriate to support the information provided in the report.
Sec. 16. 1. The Catalyst Fund is hereby created as a special revenue fund in the State Treasury.
2. The Catalyst Fund is a continuing fund without reversion. The interest and income earned on money in the Catalyst Fund, after deducting any applicable charges, must be credited to the Catalyst Fund.
3. All payments of principal and interest on any loan made with money from the Catalyst Fund must be deposited in the State Treasury for credit to the Fund.
4. The Commission on Economic Development shall administer the Catalyst Fund and may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Catalyst Fund.
κ2011 Statutes of Nevada, Page 3435 (CHAPTER 507, AB 449)κ
Sec. 17. 1. The Executive Director shall, after considering the advice and recommendations of the Board, establish procedures for applying to the Office for a development resource or a grant or loan of money from the Catalyst Fund created by section 16 of this act. The procedures must:
(a) Include, without limitation, a requirement that applications for development resources, grants or loans must set forth:
(1) The proposed use of the development resource, grant or loan;
(2) The plans, projects and programs for which the development resource, grant or loan will be used;
(3) The expected benefits of the development resource, grant or loan; and
(4) A statement of the short-term and long-term impacts of the use of the development resource, grant or loan; and
(b) Allow an applicant to revise his or her application upon the recommendation of the Executive Director.
2. In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection:
(a) A regional development authority which is a local government or composed solely of two or more local governmental entities; or
(b) A private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments,
Κ may apply for a grant or loan of money from the Catalyst Fund. If a private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments applies for a grant or loan of money from the Catalyst Fund, the regional development authority which is a local government or composed solely of two or more local governments must be the entity which submits the application and receives and distributes the grant or loan.
3. In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection, a regional development authority may apply for a development resource. A private nonprofit regional development authority applying for a development resource which is a grant or loan of money must apply in partnership with a regional development authority which is a local government or composed solely of two or more local governments. Any development resource which is a grant or loan of money must be received and distributed by the regional development authority which is a local government or composed solely of two or more local governments.
4. Upon receipt of an application pursuant to subsection 2 or 3, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and provide a development resource or make a grant or loan of money from the Catalyst Fund to the applicant.
κ2011 Statutes of Nevada, Page 3436 (CHAPTER 507, AB 449)κ
5. Except as otherwise provided in this subsection or another specific statute, each development resource or grant or loan of money from the Catalyst Fund which the Office provides to a regional development authority must be used to provide development resources, grants or loans to or to make investments in, businesses seeking to create or expand in this State or relocate to this State. The Executive Director may provide a development resource or a grant or loan of money to a regional development authority to be used for administrative or operating purposes, but no money from the Catalyst Fund may be used by any organization for economic development for such purposes.
6. After considering the advice and recommendations of the Board, the Executive Director shall:
(a) Require each regional development authority to which the Executive Director proposes to provide a development resource or a grant or loan of money from the Catalyst Fund to enter into an agreement with the Executive Director that sets forth terms and conditions of the development resource, grant or loan, which must include, without limitation, a provision requiring the regional development authority to enter into a separate agreement with each business to which the regional development authority provides any portion of the development resource, grant or loan which requires the business to return the development resource, grant or loan to the Office if it is not used in accordance with the agreement between the regional development authority and the Executive Director.
(b) Establish the requirements for reports from regional development authorities concerning the use of development resources and grants and loans of money from the Catalyst Fund. The requirements must include, without limitation, a requirement that the recipient of a grant or loan of money include in such a report:
(1) A description of each activity undertaken with money from the grant or loan and the amount of money used for each such activity;
(2) The return on the money provided by the grant or loan;
(3) A statement of the benefit to the public from the grant or loan; and
(4) Such documentation as the Executive Director deems appropriate to support the information provided in the report.
7. On or before November 1, 2012, and on or before November 1 of every year thereafter, the Executive Director shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:
(a) The amount of grants and loans awarded from the Catalyst Fund;
(b) The amount of all grants, gifts and donations to the Catalyst Fund from public and private sources;
(c) The number of businesses which have been created or expanded in this State, or which have relocated to this State, because of grants and loans from the Catalyst Fund; and
(d) The number of jobs which have been created or saved because of grants and loans from the Catalyst Fund.
κ2011 Statutes of Nevada, Page 3437 (CHAPTER 507, AB 449)κ
Sec. 17.5. After considering the advice and recommendations of the Board, the Executive Director shall establish procedures pursuant to which a regional development authority may grant to another organization for economic development any money granted by the Office to the regional development authority to be used for administrative or operating purposes. The procedures must include, without limitation, a requirement that:
1. The applications for the grants must set forth:
(a) The proposed use of the grant;
(b) The plans, projects and programs for which the grant will be used;
(c) The expected benefits of the grant; and
(d) A statement of the short-term and long-term impacts of the use of the grant.
2. The grants must:
(a) Promote the economic development of this State and aid in the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act; and
(b) Be used by the organizations for economic development receiving the grants for administrative or operating purposes.
3. The regional development authorities making the grants and the organizations for economic development receiving the grants must submit to the Office reports concerning the use of the grants, which must include, without limitation:
(a) A description of each activity undertaken with money from the grant and the amount of money used for each such activity;
(b) The return on the money provided by the grant;
(c) A statement of the benefit to the public from the grant; and
(d) Such documentation as the Executive Director deems appropriate to support the information provided in the report.
Sec. 18. As used in sections 18 to 22, inclusive, of this act, unless the context otherwise requires:
1. Chancellor means the Chancellor of the Nevada System of Higher Education or his or her designee.
2. Research universities means the University of Nevada, Las Vegas, and the University of Nevada, Reno.
Sec. 19. 1. The Knowledge Fund is hereby created in the State Treasury.
2. The Knowledge Fund is a continuing fund without reversion. The interest and income earned on money in the Knowledge Fund, after deducting any applicable charges, must be credited to the Knowledge Fund.
3. The Executive Director:
(a) Shall administer the Knowledge Fund in a manner that is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act;
(b) May apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Knowledge Fund; and
(c) Subject to any restrictions imposed by such a grant, gift, donation or appropriation, may allocate money in the Knowledge Fund among the research universities, the Desert Research Institute, the technology outreach program established pursuant to section 21 of this act and the technology transfer offices of the research universities and the Desert Research Institute to support commercialization and technology transfer to the private sector.
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technology transfer offices of the research universities and the Desert Research Institute to support commercialization and technology transfer to the private sector.
Sec. 19.3. 1. The Executive Director may enter into agreements, when the Executive Director deems such an agreement to be appropriate, with the research universities and the Desert Research Institute for the allocation of commercialization revenue between the Office, the research universities and the Desert Research Institute. Any commercialization revenue received by the Office pursuant to such an agreement must be deposited in the Knowledge Fund created by section 19 of this act.
2. In consideration of the money and services provided or agreed to be provided by the Office, the research universities and the Desert Research Institute shall agree to allocate commercialization revenue in accordance with any agreement entered into pursuant to subsection 1.
3. As used in this section, commercialization revenue means dividends, realized capital gains, license fees, royalty fees and other revenues received by a research university or the Desert Research Institute as a result of commercial applications developed as a result of the programs established pursuant to sections 18 to 22, inclusive, of this act, less:
(a) The portion of those revenues allocated to the inventor; and
(b) Expenditures incurred by the research university or the Desert Research Institute to legally protect the intellectual property.
Sec. 19.7. 1. After considering the advice and recommendations of the Board, the Executive Director shall establish procedures for applying for an allocation of money from the Knowledge Fund created by section 19 of this act. The procedures must include, without limitation, a requirement that applications for allocations of money set forth:
(a) The proposed use of the money;
(b) The plans, projects and programs for which the money will be used;
(c) The expected benefits of the money; and
(d) A statement of the short-term and long-term impacts of the use of the money.
2. In accordance with the procedures established pursuant to subsection 1, a research university or the Desert Research Institute may apply for an allocation of money from the Knowledge Fund. Upon receipt of an application for an allocation from the Knowledge Fund, the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and make an allocation of money from the Knowledge Fund to the applicant.
3. If a research university or the Desert Research Institute receives an allocation of money from the Knowledge Fund, the money must be used for the purposes set forth in section 22 of this act.
4. In making allocations of money from the Knowledge Fund created pursuant to section 19 of this act, the Executive Director must consider:
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(a) The extent to which an allocation will promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act; and
(b) Whether the research universities and the Desert Research Institute have received an equitable share of the allocations of money from the Knowledge Fund.
Sec. 20. 1. In consultation with the Board and the Chancellor, the Executive Director shall:
(a) Establish, for the programs established pursuant to sections 18 to 22, inclusive, of this act, economic development goals which are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act and the strategic plans of the research universities and the Desert Research Institute.
(b) In cooperation with the administration of the research universities and the Desert Research Institute, expand science and technology research at the research universities and the Desert Research Institute.
(c) Enhance technology transfer and commercialization of research and technologies developed at the research universities and the Desert Research Institute to create high-quality jobs and new industries in this State.
(d) Establish economic development objectives for the programs established pursuant to sections 18 to 22, inclusive, of this act.
(e) Verify that the programs established pursuant to sections 18 to 22, inclusive, of this act are being enhanced by research grants and that such programs are meeting the Boards economic development objectives.
(f) Monitor all research plans that are part of the programs established pursuant to sections 18 to 22 inclusive, of this act at the research universities and the Desert Research Institute to determine that allocations from the Knowledge Fund created by section 19 of this act are being spent in accordance with legislative intent and to maximize the benefit and return to this State.
(g) Develop methods and incentives to encourage investment in and contributions to the programs established pursuant to sections 18 to 22, inclusive, of this act from the private sector.
(h) Establish requirements for periodic reports from the research universities and the Desert Research Institute concerning the use of allocations from the Knowledge Fund pursuant to section 22 of this act. The requirements must include, without limitation, a requirement that the recipient of the allocation include in such a report:
(1) A description of each activity undertaken with money from the allocation and the amount of money used for each such activity; and
(2) Such documentation as the Executive Director deems appropriate to support the information provided in the report.
(i) On or before November 1, 2012, and on or before November 1 of every year thereafter, submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:
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(1) The number of research teams and faculty recruited, hired and retained pursuant to section 22 of this act and the amount of funding provided to those research teams;
(2) A description of the research being conducted by the research teams and faculty for which the Executive Director has provided funding pursuant to section 22 of this act;
(3) The number of patents which have been filed as a result of the programs established pursuant to sections 18 to 22, inclusive, of this act;
(4) The amount of research grants awarded to the research teams and faculty recruited, hired and retained pursuant to section 22 of this act;
(5) The amount of all grants, gifts and donations to the Knowledge Fund from public and private sources;
(6) The number of businesses which have been created or expanded in this State, or relocated to this State, because of the programs established pursuant to sections 18 to 22, inclusive, of this act; and
(7) The number of jobs which have been created or saved as a result of the activities of the Office.
2. The Executive Director may enter into any agreements necessary to obtain private equity investment in the programs established pursuant to sections 18 to 22, inclusive, of this act.
Sec. 21. 1. The Executive Director shall use money in the Knowledge Fund created by section 19 of this act to establish a technology outreach program at locations distributed strategically throughout this State.
2. The Executive Director shall ensure that the technology outreach program acts as a resource to:
(a) Broker ideas, new technologies and services to entrepreneurs and businesses throughout a defined service area;
(b) Engage local entrepreneurs and faculty and staff at state colleges and community colleges by connecting them to the research universities and the Desert Research Institute;
(c) Assist professors and researchers in finding entrepreneurs and investors for the commercialization of their ideas and technologies;
(d) Connect market ideas and technologies in new or existing businesses or industries or in state colleges and community colleges with the expertise of the research universities and the Desert Research Institute;
(e) Assist businesses, the research universities, state colleges, community colleges and the Desert Research Institute in developing commercial applications for their research; and
(f) Disseminate and share discoveries and technologies emanating from the research universities and the Desert Research Institute to local entrepreneurs, businesses, state colleges and community colleges.
3. In designing and operating the technology outreach program, the Board shall work cooperatively with the technology transfer offices at the research universities and the Desert Research Institute.
Sec. 22. In consultation with the Board and the Chancellor, the Executive Director shall allocate money in the Knowledge Fund created by section 19 of this act to the research universities and the Desert Research Institute to provide funding for:
1. The recruitment, hiring and retention of research teams and faculty to conduct research in science and technology which has the potential to contribute to economic development in this State;
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2. Research laboratories and related equipment located or to be located in this State;
3. The construction of research clinics, institutes and facilities and related buildings located or to be located in this State; and
4. Matching funds for federal and private sector grants and contract opportunities that support economic development consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
Sec. 23. NRS 231.015 is hereby amended to read as follows:
231.015 1. The Interagency Committee for Coordinating Tourism and Economic Development is hereby created. The Committee consists of the Governor, who is its Chair, the Lieutenant Governor, who is its Vice Chair, the Director of the Commission on Tourism, the Executive Director of the [Commission on] Office of Economic Development and such other members as the Governor may from time to time appoint. The appointed members of the Committee serve at the pleasure of the Governor.
2. The Committee shall meet at the call of the Governor.
3. The Committee shall:
(a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this State.
(b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the Commission on Tourism and the [Commission on] Office of Economic Development.
(c) Formulate cooperative agreements between the Commission on Tourism or the [Commission on] Office of Economic Development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that [each of those commissions] the Commission and Office may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this State.
4. The Governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.
Sec. 23.3. NRS 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.020 to 231.139, inclusive, unless the context otherwise requires, motion pictures includes feature films, movies made for broadcast [on television] or other electronic transmission, and programs made for broadcast [on television] or other electronic transmission in episodes.
Sec. 23.7. NRS 231.050 is hereby amended to read as follows:
231.050 1. The Commission on Economic Development may meet regularly each month or at more frequent times if it deems necessary, and may, within the limits of its budget, hold special meetings at the call of the Chair.
2. The Executive Director of the Commission is the Secretary of the Commission.
3. The Commission shall prescribe rules for its own management and government.
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4. Four members of the Commission constitute a quorum, but a majority of the Commission is required to exercise the power conferred on the Commission.
5. The Governor may remove a member from the Commission if the member neglects his or her duty or commits malfeasance in office.
Sec. 24. NRS 231.060 is hereby amended to read as follows:
231.060 The [Commission on Economic Development:] Office:
1. Shall establish the policies and approve the programs [and budgets] of the [Division of Economic Development and] Division of Motion Pictures concerning [:
(a) The promotion of industrial development and diversification in this State; and
(b) The] the promotion of the production of motion pictures in this State.
2. May from time to time create special advisory committees to advise it on special problems of economic development. Members of special advisory committees [, other than members of the Commission,] may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the [Commission] Office permits.
Sec. 25. NRS 231.064 is hereby amended to read as follows:
231.064 In addition to its other duties, the [Commission on Economic Development] Office shall:
1. Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the [Division of Economic Development] Office in promoting and developing Nevada business, industry and commerce, both within and outside the State.
2. Conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the State and designed to develop new products and industrial processes.
3. Serve as a center of public information for the State of Nevada by answering general inquiries concerning the resources and economic advantages of this state and by furnishing information and data on these and related subjects.
4. Prepare, and disseminate in any medium, informational material designed to promote community, economic and industrial development in Nevada.
5. Plan and develop an effective service for business information, both for the direct assistance of business and industry of the State and for the encouragement of business and industry outside the State to use economic facilities within the State, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and occupational education and related subjects.
Secs. 26 and 27. (Deleted by amendment.)
Sec. 28. NRS 231.068 is hereby amended to read as follows:
231.068 1. The [Commission on Economic Development,] Office, to the extent of legislative appropriations, may grant money to a postsecondary educational institution to develop a program for occupational education which is designed to teach skills in a short period to persons who are needed for employment by new or existing businesses.
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2. Any money appropriated to the [Commission on Economic Development] Office for awarding grants to develop a program specified in subsection 1 must be accounted for separately in the State General Fund. The money in the account:
(a) Does not revert to the State General Fund at the end of any fiscal year; and
(b) Must be carried forward to the next fiscal year.
Sec. 29. NRS 231.0685 is hereby amended to read as follows:
231.0685 The [Commission on Economic Development] Office shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the [Commission] Office approved pursuant to NRS 274.310, 274.320, 274.330 or 360.750. The report must set forth, for each abatement from taxation that the [Commission] Office approved in the 2-year period immediately preceding the submission of the report:
1. The dollar amount of the abatement;
2. The location of the business for which the abatement was approved;
3. If applicable, the number of employees that the business for which the abatement was approved employs or will employ;
4. Whether the business for which the abatement was approved is a new business or an existing business; and
5. Any other information that the [Commission] Office determines to be useful.
Sec. 29.5. NRS 231.069 is hereby amended to read as follows:
231.069 1. Except as otherwise provided in NRS 239.0115, if so requested by a client, the Commission on Economic Development shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the Executive Director of the Commission shall attach to the file containing the record or document a certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request.
2. Records and documents that are confidential pursuant to subsection 1 remain confidential until the client:
(a) Initiates any process regarding the location of his or her business in Nevada which is within the jurisdiction of a state agency other than the Commission; or
(b) Decides to locate his or her business in Nevada.
Sec. 30. NRS 231.069 is hereby amended to read as follows:
231.069 1. Except as otherwise provided in NRS 239.0115, if so requested by a client, the [Commission on Economic Development] Office shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the Executive Director [of the Commission] shall attach to the file containing the record or document a certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request.
2. Records and documents that are confidential pursuant to subsection 1 remain confidential until the client:
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(a) Initiates any process regarding the location of his or her business in Nevada which is within the jurisdiction of a state agency other than the [Commission;] Office; or
(b) Decides to locate his or her business in Nevada.
Sec. 30.3. NRS 231.080 is hereby amended to read as follows:
231.080 The Executive Director of the Commission on Economic Development:
1. Must be appointed by the Governor from a list of three persons submitted to the Governor by the Commission. The person appointed as Executive Director of the Commission must have had successful experience in the administration and promotion of a program comparable to that provided in NRS 231.020 to 231.130, inclusive.
2. Is responsible to the Commission and serves at its pleasure.
3. Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.
Sec. 30.7. NRS 231.090 is hereby amended to read as follows:
231.090 The Executive Director of the Commission on Economic Development shall direct and supervise all its administrative and technical activities, including coordinating its plans for economic development, promoting the production of motion pictures, scheduling the Commissions programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to economic development. In addition to other powers and duties, the Executive Director [:] of the Commission:
1. Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.
2. Shall report regularly to the Commission concerning the administration of its policies and programs.
3. Shall report annually to the Governor and the Commission regarding the work of the Commission and may make such special reports as he or she considers desirable to the Governor.
4. May perform any other lawful acts which he or she considers desirable to carry out the provisions of NRS 231.020 to 231.130, inclusive.
Sec. 31. NRS 231.125 is hereby amended to read as follows:
231.125 1. The [Commission on Economic Development] Office may charge such fees for:
(a) Materials prepared for distribution by the [Commission;] Office;
(b) Advertising in materials prepared by the [Commission;] Office; and
(c) Services performed by the [Commission] Office on behalf of others, such as the procurement of permits,
Κ as it deems necessary to support the activities of the [Commission.] Office.
2. All such fees must be deposited with the State Treasurer for credit to the [Commission] Office and may be expended in addition to other money appropriated for the support of the [Commission.] Office.
Sec. 31.3. NRS 231.127 is hereby amended to read as follows:
231.127 1. The Division of Motion Pictures shall formulate a program to promote the production of motion pictures in Nevada. The program must include development of:
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(a) A directory of the names of persons, firms and governmental agencies in this State which are capable of furnishing the skills and facilities needed in all phases of the production of motion pictures; and
(b) A library containing [videotapes] audiovisual recordings which depict the variety and extent of the locations in this State which are available for the production of motion pictures.
Κ The directory of names and the library of [videotapes] audiovisual recordings must be kept current and be cross-referenced.
2. The program may include:
(a) The preparation and distribution of other appropriate promotional and informational material, including advertising, which points out desirable locations within the State for the production of motion pictures, explains the benefits and advantages of producing motion pictures in this State, and describes the services and assistance available from this State and its local governments;
(b) Assistance to motion picture companies in securing permits to film at certain locations and in obtaining other services connected with the production of motion pictures; and
(c) Encouragement of cooperation among local, state and federal agencies and public organizations in the location and production of motion pictures.
Sec. 31.5. NRS 231.130 is hereby amended to read as follows:
231.130 In performing their duties, the Executive Director of the Commission on Economic Development and the Administrator of the Division of Motion Pictures shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on request, furnish the Executive Director of the Commission with data and other information from their records bearing on the objectives of the Commission. The Executive Director of the Commission shall avail himself or herself of records and assistance of such other state agencies as in the opinion of the Governor or Executive Director of the Commission might make a contribution to the work of the Commission.
Sec. 31.7. NRS 231.130 is hereby amended to read as follows:
231.130 [In] Except as otherwise provided by law, in performing their duties, the Executive Director of the [Commission on Economic Development] Office and the Administrator of the Division of Motion Pictures shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on request, furnish the Executive Director [of the Commission] with data and other information from their records bearing on the objectives of the [Commission.] Office. The Executive Director [of the Commission] shall avail himself or herself of records and assistance of such other state agencies as in the opinion of the Governor or Executive Director [of the Commission] might make a contribution to the work of the [Commission.] Office.
Sec. 32. NRS 231.139 is hereby amended to read as follows:
231.139 1. The [Commission on Economic Development] Office shall certify a business for the benefits provided pursuant to NRS 704.223 if the [Commission] Office finds that:
(a) The business is consistent with the State Plan for [Industrial] Economic Development [and Diversification and any guidelines adopted pursuant to the Plan;] developed by the Executive Director pursuant to subsection 2 of section 14 of this act;
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(b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site;
(c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and
(d) The economic benefit to the State of approving the certification exceeds the cost to the State.
2. The [Commission on Economic Development] Office may:
(a) Request an allocation from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the [Commission] Office pursuant to this section and NRS 704.032.
(b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the [Commission] Office in investigating and ruling on the application.
(c) Adopt such regulations as it deems necessary to carry out the provisions of this section.
Sec. 32.5. NRS 231.141 is hereby amended to read as follows:
231.141 As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS [231.142,] 231.143 and 231.146 have the meanings ascribed to them in those sections.
Sec. 33. NRS 231.147 is hereby amended to read as follows:
231.147 1. A person who operates a business or will operate a business in this State may apply to the [Commission] Office for approval of a program. The application must be submitted on a form prescribed by the [Commission.] Office.
2. Each application must include:
(a) The name, address and telephone number of the business;
(b) The number and types of jobs for the business that are available or will be available upon completion of the program;
(c) A statement of the objectives of the proposed program;
(d) The estimated cost for each person enrolled in the program; and
(e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the [Commission] Office to a community college for the program, each employee who completes the program:
(1) Will be employed in a full-time and permanent position in the business; and
(2) While employed in that position, will be paid not less than 80 percent of the lesser of the average industrial hourly wage in:
(I) This State; or
(II) The county in which the business is located,
Κ as determined by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
3. Upon request, the [Commission] Office may assist an applicant in completing an application pursuant to the provisions of this section.
4. Except as otherwise provided in subsection 5, the [Commission] Office shall approve or deny each application [at the next regularly scheduled meeting of the Commission.] within 45 days after receipt of the application. When considering an application, the [Commission] Office shall give priority to a business that:
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(a) Provides high-skill and high-wage jobs to residents of this State; [and]
(b) To the greatest extent practicable, uses materials for the business that are produced or bought in this State [.] ; and
(c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
5. Before approving an application, the [Commission] Office shall establish the amount of matching money that the applicant must provide for the program. The amount established by the [Commission] Office for that applicant must not be less than 25 percent of the amount the [Commission] Office approves for the program.
6. If the [Commission] Office approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.
7. If the [Commission] Office denies an application, it shall, within 10 days after the application is denied, notify the applicant in writing. The notice must include the reason for denying the application.
Sec. 34. NRS 231.149 is hereby amended to read as follows:
231.149 1. The [Commission] Office may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.
2. Any money the [Commission] Office receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 231.151.
Sec. 35. NRS 231.151 is hereby amended to read as follows:
231.151 1. Any money the [Commission] Office receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive:
(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and
(b) May only be used to carry out those provisions.
2. Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before June 30 of a fiscal year reverts to the State General Fund.
3. In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:
(a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and
(b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.
4. The [Commission] Office shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.
Sec. 36. NRS 231.152 is hereby amended to read as follows:
231.152 The [Commission] Office may adopt such regulations as are necessary to carry out the provisions of NRS 231.147.
Secs. 37-40. (Deleted by amendment.)
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Sec. 41. NRS 231.350 is hereby amended to read as follows:
231.350 1. The Committee for the Development of Projects Relating to Tourism is hereby created within the Commission on Tourism. The Committee consists of:
(a) The Lieutenant Governor, who is an ex officio member of the Committee and shall serve as the Chair of the Committee;
(b) Three members of the [Commission on Economic Development,] Board, appointed by the Lieutenant Governor; and
(c) Three members of the Commission on Tourism, appointed by the Lieutenant Governor.
2. If an appointed member of the Committee ceases to be a member of the [Commission on Economic Development] Board or the Commission on Tourism, the appointed member becomes ineligible for membership on the Committee and the Lieutenant Governor shall appoint a replacement from the [Commission on Economic Development] Board or the Commission on Tourism, respectively.
3. The Lieutenant Governor may remove an appointed member from the Committee if the member neglects his or her duty or commits malfeasance in office.
4. The appointed members of the Committee who are members of the [Commission on Economic Development] Board or the Commission on Tourism, respectively, may be paid the per diem allowance and travel expenses provided for state officers and employees generally by their respective commissions, as the budgets of those commissions allow.
5. The Committee shall meet at the call of the Lieutenant Governor.
6. The Commission on Tourism and the [Commission on Economic Development] Office shall jointly provide administrative support for the Committee.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 232.522 is hereby amended to read as follows:
232.522 The Director may:
1. Create within the Department, as part of the Office of the Director, an Office of Business Finance and Planning to:
(a) Administer and coordinate programs related to financing for the assistance of entities engaged in business and industry in this state;
(b) Provide information to the public concerning the regulatory programs, assistance programs, and other services and activities of the Department; and
(c) Interact with other public or private entities to coordinate and improve access to the Departments programs related to the growth and retention of business and industry in this state.
2. Create within the Department, as part of the Office of Business Finance and Planning, a Center for Business Advocacy and Services:
(a) To assist small businesses in obtaining information about financing and other basic resources which are necessary for success;
(b) In cooperation with the Executive Director of the [Commission on] Office of Economic Development, to increase public awareness of the importance of developing manufacturing as an industry and to assist in identifying and encouraging public support of businesses and industries that manufacture goods in this state;
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(c) To serve as an advocate for small businesses, subject to the supervision of the Director or the Directors representative, both within and outside the Department;
(d) To assist the Office of Business Finance and Planning in establishing an information and referral service within the Department that is responsive to the inquiries of business and industry which are directed to the Department or any entity within the Department; and
(e) In cooperation with the Executive Director of the [Commission on] Office of Economic Development, to advise the Director and the Office of Business Finance and Planning in developing and improving programs of the Department to serve more effectively and support the growth, development and diversification of business and industry in this state.
3. Require divisions, offices, commissions, boards, agencies or other entities of the Department to work together to carry out their statutory duties, to resolve or address particular issues or projects or otherwise to increase the efficiency of the operation of the Department as a whole and the level of communication and cooperation among the various entities within the Department.
Sec. 44. NRS 232.935 is hereby amended to read as follows:
232.935 1. In appointing members of the Governors Workforce Investment Board, the Governor shall ensure that the membership as a whole represents:
(a) Industry sectors which are essential to this State and which are driven primarily by demand;
(b) Communities and areas of economic development which are essential to this State; and
(c) The diversity of the workforce of this State, including, without limitation, geographic diversity and the diversity within regions of this State.
2. The Governors Workforce Investment Board shall:
(a) Identify:
(1) Industry sectors which are essential to this State; and
(2) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted.
(b) Establish:
(1) Regional goals for economic development for each of the industry sectors identified pursuant to paragraph (a); and
(2) A council for each industry sector.
(c) Consider and develop programs to promote:
(1) Strategies to improve labor markets for industries and regions of this State, including, without limitation, improving the availability of relevant information;
(2) Coordination of the efforts of relevant public and private agencies and organizations;
(3) Strategies for providing funding as needed by various industry sectors;
(4) Increased production capacities for various industry sectors;
(5) The development of useful measurements of performance and outcomes in various industry sectors;
(6) Participation by and assistance from state and local government agencies;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;
κ2011 Statutes of Nevada, Page 3450 (CHAPTER 507, AB 449)κ
(8) Partnerships between labor and management;
(9) Business associations;
(10) The development of improved instructional and educational resources for employers and employees; and
(11) The development of improved economies of scale, as applicable, in industry sectors.
3. Each industry sector council established pursuant to subparagraph (2) of paragraph (b) of subsection 2:
(a) Must be composed of representatives from:
(1) Employers within that industry;
(2) Organized labor within that industry;
(3) Universities and community colleges; and
(4) Any other relevant group of persons deemed to be appropriate by the Board.
(b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the industry sector council determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph (1) of paragraph (b) of subsection 2.
4. The Board shall:
(a) Identify and apply for federal funding available for the job training and education programs identified pursuant to paragraph (b) of subsection 3;
(b) Consider and approve or disapprove applications for money;
(c) Provide and administer grants of money to industry sector councils for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph (1) of paragraph (b) of subsection 2; and
(d) Adopt regulations establishing:
(1) Guidelines for the submission and review of applications to receive grants of money from the Department; and
(2) Criteria and standards for the eligibility for and use of any grants made pursuant to paragraph (c).
Κ Except as otherwise required as a condition of federal funding, the regulations required by this subsection must give priority to job training and education programs that are consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act.
5. In carrying out its powers and duties pursuant to this section, the Board shall consult with the Executive Director of the Office of Economic Development and shall cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
6. As used in this section, industry sector means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic links.
Sec. 45. NRS 75.100 is hereby amended to read as follows:
75.100 1. The Secretary of State shall provide for the establishment of a state business portal to facilitate interaction among businesses and governmental agencies in this State by allowing businesses to conduct necessary transactions with governmental agencies in this State through use of the state business portal.
κ2011 Statutes of Nevada, Page 3451 (CHAPTER 507, AB 449)κ
governmental agencies in this State by allowing businesses to conduct necessary transactions with governmental agencies in this State through use of the state business portal.
2. The Secretary of State shall:
(a) Establish, through cooperative efforts, the standards and requirements necessary to design, build and implement the state business portal;
(b) Establish the standards and requirements necessary for a state or local agency to participate in the state business portal;
(c) Authorize a state or local agency to participate in the state business portal if the Secretary of State determines that the agency meets the standards and requirements necessary for such participation;
(d) Determine the appropriate requirements to be used by businesses and governmental agencies conducting transactions through use of the state business portal; [and]
(e) In carrying out the provisions of this section, consult with the Executive Director of the Office of Economic Development to ensure that the activities of the Secretary of State are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act; and
(f) Adopt such regulations and take any appropriate action as necessary to carry out the provisions of this chapter.
Sec. 46. (Deleted by amendment.)
Sec. 47. NRS 218D.355 is hereby amended to read as follows:
218D.355 1. Any state legislation enacted on or after July 1, [2009,] 2012, which authorizes or requires the [Commission on Economic Development] Office to approve any abatement of taxes or increases the amount of any abatement of taxes which the [Commission] Office is authorized or required to approve:
(a) Expires by limitation 10 years after the effective date of that legislation.
(b) Does not apply to:
(1) Any taxes imposed pursuant to NRS 374.110 or 374.190; or
(2) Any entity that receives:
(I) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or
(II) Any real or personal property from a governmental entity at no cost or at a reduced cost.
(c) Requires each recipient of the abatement to submit to the Department of Taxation, on or before the last day of each even-numbered year, a report on whether the recipient is in compliance with the terms of the abatement. The Department of Taxation shall establish a form for the report and may adopt such regulations as it determines to be appropriate to carry out this paragraph. The report must include, without limitation:
(1) The date the recipient commenced operation in this State;
(2) The number of employees actually employed by the recipient and the average hourly wage of those employees;
(3) An accounting of any fees paid by the recipient to the State and to local governmental entities;
(4) An accounting of the property taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;
(5) An accounting of the sales and use taxes paid by the recipient and the amount of those taxes that would have been due if not for the abatement;
κ2011 Statutes of Nevada, Page 3452 (CHAPTER 507, AB 449)κ
(6) An accounting of the total capital investment made in connection with the project to which the abatement applies; and
(7) An accounting of the total investment in personal property made in connection with the project to which the abatement applies.
2. On or before January 15 of each odd-numbered year, the Department of Taxation shall:
(a) Based upon the information submitted to the Department of Taxation pursuant to paragraph (c) of subsection 1, prepare a written report of its findings regarding whether the costs of the abatement exceed the benefits of the abatement; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
Sec. 47.5. NRS 274.020 is hereby amended to read as follows:
274.020 Administrator means the [state officer appointed by the Governor to administer the provisions of this chapter.] Executive Director of the Office of Economic Development.
Sec. 48. NRS 274.090 is hereby amended to read as follows:
274.090 1. The [Governor shall appoint a qualified person in the Commission on] Executive Director of the Office of Economic Development [to] shall serve as Administrator.
2. The Administrator shall:
(a) Administer this chapter.
(b) Submit reports evaluating the effectiveness of the programs established pursuant to this chapter together with any suggestions for legislation to the Legislature by February 1 of every odd-numbered year. The reports must contain statistics concerning initial and current population, employment, per capita income, corporate income and the construction of housing for each specially benefited zone.
(c) Adopt all necessary regulations to carry out the provisions of this chapter.
Sec. 49. NRS 274.310 is hereby amended to read as follows:
274.310 1. A person who intends to locate a business in this State within:
(a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;
(b) A redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;
(c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or
(d) An enterprise community established pursuant to 24 C.F.R. Part 597,
Κ may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the [Commission on] Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.
2. The governing body of a county, city or town shall develop procedures for:
κ2011 Statutes of Nevada, Page 3453 (CHAPTER 507, AB 449)κ
(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.
3. A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the [Commission on] Office of Economic Development. The [Commission] Office shall approve the application if the [Commission] Office 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;] Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act; and
(2) Any guidelines adopted [pursuant to the State Plan.] by the Executive Director of the Office of Economic Development to implement the State Plan for Economic Development.
(b) The applicant has executed an agreement with the [Commission] Office which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:
(1) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the [Commission,] Office, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth in this subsection.
Κ The agreement must bind 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 will operate.
(d) The applicant invested or commits to invest a minimum of $500,000 in capital.
4. If the [Commission on] Office of Economic Development approves an application for a partial abatement, the [Commission] Office shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation;
(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 of the county in which the business will be located.
5. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the eligibility requirements for the partial abatement; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,
Κ the business shall repay to the Department of Taxation 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.
κ2011 Statutes of Nevada, Page 3454 (CHAPTER 507, AB 449)κ
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.
6. The [Commission on] Office of Economic Development may adopt such regulations as the [Commission] Office determines to be necessary or advisable to carry out the provisions of this section.
[6.] 7. An applicant for an abatement who is aggrieved by a final decision of the [Commission on] Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
Sec. 50. NRS 274.320 is hereby amended to read as follows:
274.320 1. A person who intends to expand a business in this State within:
(a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;
(b) A redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive;
(c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or
(d) An enterprise community established pursuant to 24 C.F.R. Part 597,
Κ may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the [Commission on] Office of Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.
2. The governing body of a county, city or town shall develop procedures for:
(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.
3. A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the [Commission on] Office of Economic Development. The [Commission] Office shall approve the application if the [Commission] Office 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;] Economic Development developed by the Executive Director of Economic Development pursuant to subsection 2 of section 14 of this act; and
κ2011 Statutes of Nevada, Page 3455 (CHAPTER 507, AB 449)κ
Development developed by the Executive Director of Economic Development pursuant to subsection 2 of section 14 of this act; and
(2) Any guidelines adopted [pursuant to the State Plan.] by the Executive Director of the Office of Economic Development to implement the State Plan for Economic Development.
(b) The applicant has executed an agreement with the [Commission] Office which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:
(1) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to NRS 279.382 to 279.685, inclusive, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the [Commission,] Office, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth in this subsection.
Κ The agreement must bind 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) The applicant invested or commits to invest a minimum of $250,000 in capital equipment.
4. If the [Commission on] Office of Economic Development approves an application for a partial abatement, the [Commission] Office shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation; and
(b) The Nevada Tax Commission.
5. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the eligibility requirements for the partial abatement; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,
Κ the business shall repay to the Department of Taxation 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.
6. The [Commission on] Office of Economic Development may adopt such regulations as the [Commission] Office determines to be necessary or advisable to carry out the provisions of this section.
[6.] 7. An applicant for an abatement who is aggrieved by a final decision of the [Commission on] Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
κ2011 Statutes of Nevada, Page 3456 (CHAPTER 507, AB 449)κ
Sec. 51. NRS 274.330 is hereby amended to read as follows:
274.330 1. A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the [Commission on] Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.
2. The governing body of a county, city or town shall develop procedures for:
(a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.
(b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.
3. A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the [Commission on] Office of Economic Development. The [Commission] Office shall approve the application if the [Commission] Office 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;] Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act; and
(2) Any guidelines adopted [pursuant to the State Plan.] by the Executive Director of the Office of Economic Development to implement the State Plan for Economic Development.
(b) The applicant has executed an agreement with the [Commission] Office which states that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4:
(1) Continue in operation in the enterprise community for a period specified by the [Commission,] Office, which must be at least 5 years; and
(2) Continue to meet the eligibility requirements set forth in this subsection.
Κ The agreement must bind 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) The business:
(1) Employs one or more dislocated workers who reside in the enterprise community; and
(2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents.
κ2011 Statutes of Nevada, Page 3457 (CHAPTER 507, AB 449)κ
4. If the [Commission on] Office of Economic Development approves an application for a partial abatement, the [Commission] Office shall:
(a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and
(b) Immediately forward a certificate of eligibility for the abatement to:
(1) The Department of Taxation;
(2) The Nevada Tax Commission; and
(3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.
5. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:
(a) To meet the eligibility requirements for the partial abatement; or
(b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,
Κ the business shall repay to the Department of Taxation 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.
6. The [Commission on] Office of Economic Development:
(a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.
(b) May adopt such other regulations as the [Commission] Office determines to be necessary or advisable to carry out the provisions of this section.
[6.] 7. An applicant for an abatement who is aggrieved by a final decision of the [Commission on] Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
[7.] 8. As used in this section, dislocated worker means a person who:
(a) Has been terminated, laid off or received notice of termination or layoff from employment;
(b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;
(c) Has been dependent on the income of another family member but is no longer supported by that income;
(d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or
(e) Is currently unemployed and unable to return to a previous industry or occupation.
κ2011 Statutes of Nevada, Page 3458 (CHAPTER 507, AB 449)κ
Sec. 52. (Deleted by amendment.)
Sec. 52.3. Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 349.640, the Director shall not finance a project without the approval of the Office of Economic Development. The Office shall approve the financing of a project if it determines that the project is consistent with the State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of section 14 of this act.
2. The Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section and provide such assistance as the Office determines to be necessary for that purpose.
Sec. 52.5. NRS 349.400 is hereby amended to read as follows:
349.400 As used in NRS 349.400 to 349.670, inclusive, and section 52.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 349.405 to 349.540, inclusive, have the meanings ascribed to them in those sections.
Sec. 52.7. NRS 349.560 is hereby amended to read as follows:
349.560 It is the intent of the Legislature to authorize the Director , with the approval of the Office of Economic Development, to finance, acquire, own, lease, improve and dispose of properties to:
1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and commercial enterprises and organizations for research and development to locate, remain or expand in this state to further prosperity throughout the State and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
3. Promote the public health by enabling the acquisition, development, expansion and maintenance of health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality at reasonable rates to the residents of the community in which the facilities are situated.
4. Promote the educational, cultural, economic and general welfare of the public by financing civic and cultural enterprises, certain educational institutions and the preservation or restoration of historic structures.
5. Promote the social welfare of the residents of this state by enabling a corporation for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents.
6. Promote the generation of electricity in this state.
Sec. 53. (Deleted by amendment.)
Sec. 53.3. NRS 349.580 is hereby amended to read as follows:
349.580 Except as otherwise provided in NRS 349.595 and 349.640, the Director shall not finance a project unless, before financing:
1. The Director finds that:
(a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive; and
(b) There has been a request by a city or county to have the Director issue bonds to finance the project; or
κ2011 Statutes of Nevada, Page 3459 (CHAPTER 507, AB 449)κ
2. The Director finds and both the Board and the governing body of the city or county where the project is to be located approve the findings of the Director that:
(a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether or not in existence, which is suitable for new construction, improvement, preservation, restoration, rehabilitation or redevelopment:
(1) For manufacturing, industrial, warehousing, civic, cultural or other commercial enterprises, educational institutions, corporations for public benefit or organizations for research and development;
(2) For a health and care facility or a supplemental facility for a health and care facility;
(3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire;
(4) Of a historic structure; or
(5) For a renewable energy generation project;
(b) The project will provide a public benefit;
(c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(d) There are sufficient safeguards to assure that all money provided by the Department will be expended solely for the purposes of the project;
(e) The project would be compatible with existing facilities in the area adjacent to the location of the project;
(f) [The project:
(1) Is compatible with the plan of the State for economic diversification and development or for the marketing and development of tourism in this state; or
(2) Promotes the generation of electricity in this state;
(g)] Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
[(h)] (g) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the Director issue revenue bonds for industrial development to finance the project.
Sec. 53.5. NRS 349.595 is hereby amended to read as follows:
349.595 1. [The] Except as otherwise provided in section 52.3 of this act, the Director may provide financing for a project pursuant to this section if:
(a) The financing is limited in amount and purpose to the payment of the costs associated with:
(1) The acquisition, refurbishing, replacement and installation of equipment for the project; and
(2) The issuance of bonds pursuant to this section;
(b) The total amount of the bonds issued pursuant to this section for a particular project does not exceed $2,500,000;
(c) The Director determines that the bonds will:
κ2011 Statutes of Nevada, Page 3460 (CHAPTER 507, AB 449)κ
(1) Be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or
(2) Receive a rating within one of the top four rating categories of Moodys Investors Service, Inc., Standard and Poors Rating Services or Fitch IBCA, Inc.;
(d) The Director makes the findings set forth in paragraphs (a) to [(e), inclusive, (g) and (h)] (g), inclusive, of subsection 2 of NRS 349.580, and the governing body of the city or county where the project is to be located approves the findings of the Director; and
(e) The Director complies with the guidelines established pursuant to subsection 2.
2. The Board shall establish guidelines for the provision of financing for a project pursuant to this section.
Sec. 53.7. NRS 349.640 is hereby amended to read as follows:
349.640 1. Any bonds issued under the provisions of NRS 244A.669 to 244A.763, inclusive, 268.512 to 268.568, inclusive, or 349.400 to 349.670, inclusive, and section 52.3 of this act may be refunded by the Director by the issuance of refunding bonds in an amount which the Director deems necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.
4. The Director shall not issue refunding bonds unless before the refinancing the Director finds that issuance of refunding bonds will provide a lower cost of financing for the obligor or provide some other public benefit, but the findings , [and] determinations and approval required by NRS 349.580, 349.590 and 349.595 and section 52.3 of this act are not required with respect to refunding bonds issued pursuant to this section.
Sec. 54. NRS 349.800 is hereby amended to read as follows:
349.800 1. If the Director certifies to the Governor that there is a need to issue revenue bonds to carry out the program and that it is feasible to do so, the Governor may issue an executive order creating an Advisory Committee on Financing Exports, consisting of three members appointed by the Director.
2. The Director, in consultation with the Executive Director of the [Commission on] Office of Economic Development and with the approval of the Governor, shall appoint to serve as members of the Committee three persons who have proven experience in international trade and economic development which they acquired while engaged in finance, manufacturing, business administration, municipal finance, economics, law or general business.
κ2011 Statutes of Nevada, Page 3461 (CHAPTER 507, AB 449)κ
development which they acquired while engaged in finance, manufacturing, business administration, municipal finance, economics, law or general business.
3. After the initial terms, the term of each member is 3 years.
Sec. 55. 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 NRS 363B.120;
(c) A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; or
(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,
Κ 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] Office of Economic Development and take any other necessary actions.
Sec. 56. 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] Office of Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.
2. The [Commission on] Office of Economic Development shall approve an application for a partial abatement if the [Commission] Office 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;] Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act; and
(2) Any guidelines adopted [pursuant to the State Plan.] by the Executive Director of the Office to implement the State Plan for Economic Development.
(b) The applicant has executed an agreement with the [Commission] Office which must:
(1) Comply with the requirements of NRS 360.755;
(2) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 4, continue in operation in this State for a period specified by the [Commission,] Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and
(3) 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.
κ2011 Statutes of Nevada, Page 3462 (CHAPTER 507, AB 449)κ
(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
(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] Office by regulation pursuant to subsection 8.
(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 15 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 or the average countywide hourly wage, whichever is less, 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] Office by regulation pursuant to subsection 8.
(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
κ2011 Statutes of Nevada, Page 3463 (CHAPTER 507, AB 449)κ
(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 the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, 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] Office by regulation pursuant to subsection 8.
(g) In lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:
(1) The business will have 10 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 $500,000 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 the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, 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 with minimum requirements established by the [Commission] Office by regulation pursuant to subsection 8.
3. Notwithstanding the provisions of subsection 2, the [Commission on] Office of Economic Development:
(a) Shall not consider an application for a partial abatement unless the [Commission] Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
(b) May, if the [Commission] Office determines that such action is necessary:
(1) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;
(2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or
(3) Add additional requirements that a business must meet to qualify for a partial abatement.
4. If the [Commission on] Office of Economic Development approves an application for a partial abatement, the [Commission] Office shall immediately forward a certificate of eligibility for the abatement to:
κ2011 Statutes of Nevada, Page 3464 (CHAPTER 507, AB 449)κ
(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.
5. 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] Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
6. 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,
Κ 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.
7. A county treasurer:
(a) Shall deposit any money that he or she receives pursuant to subsection 6 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.
8. The [Commission on] Office of Economic Development:
(a) Shall adopt regulations relating to 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
(b) May adopt such other regulations as the [Commission on] Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.
9. 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), (e) or (g) 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 and NRS 360.755.
10. An applicant for an abatement who is aggrieved by a final decision of the [Commission on] Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
κ2011 Statutes of Nevada, Page 3465 (CHAPTER 507, AB 449)κ
Sec. 57. NRS 360.755 is hereby amended to read as follows:
360.755 1. If the [Commission on] Office of Economic Development approves an application by a business for a partial abatement pursuant to NRS 360.750, the agreement with the [Commission] Office must provide that the business:
(a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in compliance with the requirements for the partial abatement; and
(b) Consents to the disclosure of the audit reports in the manner set forth in this section.
2. If the Department conducts an audit of the business to determine whether the business is in compliance with the requirements for the partial abatement, the Department shall, upon request, provide the audit report to the [Commission on] Office of Economic Development.
3. Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the [Commission on] Office of Economic Development:
(a) Is confidential proprietary information of the business;
(b) Is not a public record; and
(c) Must not be disclosed to any person who is not an officer or employee of the [Commission on] Office of Economic Development unless the business consents to the disclosure.
4. After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:
(a) The audit report provided to the [Commission on] Office of Economic Development is a public record; and
(b) Upon request by any person, the Executive Director of the [Commission on] Office of Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.
5. Before the Executive Director of the [Commission on] Office of Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:
(a) Is confidential proprietary information of the business;
(b) Is not a public record;
(c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and
(d) Must not be disclosed to any person who is not an officer or employee of the [Commission on] Office of Economic Development unless the business consents to the disclosure.
Sec. 58. NRS 360.757 is hereby amended to read as follows:
360.757 1. [If the Commission on] The Office of Economic Development [receives an] shall not take any action on an application for any abatement of taxes [imposed on a business, the Commission shall, at] pursuant to NRS 274.310, 274.320, 274.330 or 360.750 or any other specific statute unless the Office:
κ2011 Statutes of Nevada, Page 3466 (CHAPTER 507, AB 449)κ
any abatement of taxes [imposed on a business, the Commission shall, at] pursuant to NRS 274.310, 274.320, 274.330 or 360.750 or any other specific statute unless the Office:
(a) Takes that action at a public hearing conducted for that purpose; and
(b) At least 30 days before the [meeting at which the Commission takes any action on the application, provide] hearing, provides notice of the application to:
[(a)] (1) The governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the pertinent business is or will be located; [and
(b)] (2) The governing body of any other political subdivision that could be affected by the abatement [.] ; and
(3) The general public.
2. The notice required by this section must set forth the date, time and location of the [meeting] hearing at which the [Commission on] Office of Economic Development will consider the application.
3. The [Commission on] Office of Economic Development shall adopt regulations relating to the notice required by this section.
Sec. 59. NRS 361.0687 is hereby amended to read as follows:
361.0687 1. A person who intends to locate or expand a business in this State may, pursuant to NRS 360.750, apply to the [Commission on] Office of Economic Development for a partial abatement from the taxes imposed by this chapter.
2. For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the [Commission on] Office of Economic Development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:
(a) 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:
(1) The business will make a capital investment in the county of at least $50,000,000 if the business is an industrial or manufacturing business or at least $5,000,000 if the business is not an industrial or manufacturing business; and
(2) 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.
(b) 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:
(1) The business will make a capital investment in the county of at least $5,000,000 if the business is an industrial or manufacturing business or at least $500,000 if the business is not an industrial or manufacturing business; and
(2) 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 or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
κ2011 Statutes of Nevada, Page 3467 (CHAPTER 507, AB 449)κ
3. Except as otherwise provided in NRS 701A.210, if a partial abatement from the taxes imposed by this chapter is approved by the [Commission on] Office of Economic Development pursuant to NRS 360.750:
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the [Commission on] Office of Economic Development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the [Commission] Office granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
Sec. 60. NRS 363B.120 is hereby amended to read as follows:
363B.120 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 NRS 363B.110 during the first 4 years of its operation.
2. If a partial abatement from the taxes otherwise due pursuant to NRS 363B.110 is approved by the [Commission on] Office of 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. 61. NRS 372.397 is hereby amended to read as follows:
372.397 1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Κ Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the [Commission on] Office of Economic Development for such a deferment. If a purchase is made outside of the State from a retailer who is not registered with the Department, an application for a deferment must be made in advance or, if the purchase has been made, within 60 days after the date on which the tax is due. If a purchase is made in this State from a retailer who is registered with the Department and to whom the tax is paid, an application must be made within 60 days after the payment of the tax. If the application for a deferment is approved, the taxpayer is eligible for a refund of the tax paid.
κ2011 Statutes of Nevada, Page 3468 (CHAPTER 507, AB 449)κ
3. The [Commission on] Office of Economic Development shall certify the persons eligibility for a deferment if:
(a) The purchase is consistent with the [Commissions plan for industrial development and diversification;] State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of section 14 of this act; and
(b) The [Commission] Office determines that the deferment is a significant factor in the decision of the person to locate or expand a business in this State.
Κ Upon certification, the [Commission] Office shall immediately forward the deferment to the Nevada Tax Commission.
4. Upon receipt of such a certification, the Nevada Tax Commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
5. The Nevada Tax Commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
Sec. 62. NRS 374.357 is hereby amended to read as follows:
374.357 1. A person who maintains a business or intends to locate a business in this State may, pursuant to NRS 360.750, apply to the [Commission on] Office of Economic Development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to NRS 360.750.
2. If an application for an abatement is approved pursuant to NRS 360.750:
(a) The taxpayer is eligible for an abatement from the tax imposed by this chapter for not more than 2 years.
(b) The abatement must be administered and carried out in the manner set forth in NRS 360.750.
3. As used in this section, unless the context otherwise requires, eligible machinery or equipment means machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:
(a) Buildings or the structural components of buildings;
(b) Equipment used by a public utility;
(c) Equipment used for medical treatment;
(d) Machinery or equipment used in mining; or
(e) Machinery or equipment used in gaming.
Sec. 63. NRS 374.402 is hereby amended to read as follows:
374.402 1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
κ2011 Statutes of Nevada, Page 3469 (CHAPTER 507, AB 449)κ
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Κ Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the [Commission on] Office of Economic Development for such a deferment. If a purchase is made outside of the State from a retailer who is not registered with the Department, an application for a deferment must be made in advance or, if the purchase has been made, within 60 days after the date on which the tax is due. If a purchase is made in this State from a retailer who is registered with the Department and to whom the tax is paid, an application must be made within 60 days after the payment of the tax. If the application for a deferment is approved, the taxpayer is eligible for a refund of the tax paid.
3. The [Commission on] Office of Economic Development shall certify the persons eligibility for a deferment if:
(a) The purchase is consistent with the [Commissions plan for industrial development and diversification;] State Plan for Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of section 14 of this act; and
(b) The [Commission] Office determines that the deferment is a significant factor in the decision of the person to locate or expand a business in this State.
Κ Upon certification, the [Commission] Office shall immediately forward the deferment to the Nevada Tax Commission.
4. Upon receipt of such a certification, the Nevada Tax Commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
5. The Nevada Tax Commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
Sec. 64. NRS 380A.041 is hereby amended to read as follows:
380A.041 1. The Governor shall appoint to the Council:
(a) A representative of public libraries;
(b) A trustee of a legally established library or library system;
(c) A representative of school libraries;
(d) A representative of academic libraries;
(e) A representative of special libraries or institutional libraries;
(f) A representative of persons with disabilities;
(g) A representative of the public who uses these libraries;
(h) A representative of recognized state labor organizations;
(i) A representative of private sector employers;
(j) A representative of private literacy organizations, voluntary literacy organizations or community-based literacy organizations; and
(k) A classroom teacher who has demonstrated outstanding results in teaching children or adults to read.
κ2011 Statutes of Nevada, Page 3470 (CHAPTER 507, AB 449)κ
2. The director of the following state agencies or their designees shall serve as ex officio members of the Council:
(a) The Department of Cultural Affairs;
(b) The Department of Education;
(c) The Department of Employment, Training and Rehabilitation;
(d) The Department of Health and Human Services;
(e) The [Commission on] Office of Economic Development; and
(f) The Department of Corrections.
3. Officers of State Government whose agencies provide funding for literacy services may be designated by the Governor or the Chair of the Council to serve whenever matters within the jurisdiction of the agency are considered by the Council.
4. The Governor shall ensure that there is appropriate representation on the Council of urban and rural areas of the State, women, persons with disabilities, and racial and ethnic minorities.
5. A person may not serve as a member of the Council for more than two consecutive terms.
Sec. 65. NRS 408.210 is hereby amended to read as follows:
408.210 1. The Director may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.
(c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the [Commission on] Office of Economic Development or the Director of the Commission on Tourism.
2. The Director may:
(a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.
3. The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owners agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.
κ2011 Statutes of Nevada, Page 3471 (CHAPTER 507, AB 449)κ
4. If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owners agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owners agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owners agent agree upon such a time, the Director shall not himself remove the encroachment unless the owner or the owners agent has failed to do so within the time agreed. If the Director and the owner or the owners agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owners agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.
Sec. 66. NRS 417.105 is hereby amended to read as follows:
417.105 1. Each year on or before October 1, the Office of Veterans Services shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.
2. In carrying out the provisions of subsection 1, the Office of Veterans Services shall seek input from:
(a) The Purchasing Division of the Department of Administration.
(b) The State Public Works Board.
(c) The [Commission on] Office of Economic Development.
(d) Groups representing the interests of veterans of the Armed Forces of the United States.
(e) The business community.
(f) Local businesses owned by veterans with service-connected disabilities.
3. After performing the duties described in subsections 1 and 2, the Office of Veterans Services shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned by veterans with service-connected disabilities which are described in NRS 333.3366 and 338.13844.
4. As used in this section:
(a) Business owned by a veteran with a service-connected disability has the meaning ascribed to it in NRS 338.13841.
(b) Local business has the meaning ascribed to it in NRS 333.3363.
(c) Veteran with a service-connected disability has the meaning ascribed to it in NRS 338.13843.
Sec. 67. NRS 670.130 is hereby amended to read as follows:
670.130 In furtherance of its purposes and in addition to the powers conferred on business corporations by law, the corporation has, subject to the restrictions and limitations contained in this chapter, the following powers:
1. To elect, appoint and employ officers, agents and employees, to make contracts and incur liabilities for any of the purposes of the corporation. The corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any natural person, firm, corporation, joint-stock company, association or trust, or in any other manner, except that the corporation may guarantee or endorse obligations of borrowers.
κ2011 Statutes of Nevada, Page 3472 (CHAPTER 507, AB 449)κ
corporation, joint-stock company, association or trust, or in any other manner, except that the corporation may guarantee or endorse obligations of borrowers.
2. To borrow money and negotiate guarantees from federal agencies for any of the purposes of the corporation, to issue its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature, or any part of them or interest in them, without securing stockholder approval.
3. To make loans to any natural person, firm, corporation, joint-stock company, association or trust, and to establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected therewith, except that the corporation shall not approve any application for a loan unless the person applying for the loan shows that he or she has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.
4. To purchase, receive, hold, lease or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant to the property and the use of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
5. To acquire the goodwill, business, rights, real and personal property and other assets, or any part of them, or interest in them, of any natural person, firm, corporation, joint-stock company, association or trust, and to assume, undertake or pay the obligations, debts and liabilities of that natural person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments on it or for the purpose of disposing of that real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease or otherwise dispose of industrial plants or business establishments.
6. To acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any natural person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof to exercise all the rights, powers and privileges of ownership including the right to vote thereon.
7. To mortgage, pledge or otherwise encumber any property, right or thing of value acquired pursuant to the powers contained in subsection 4, 5 or 6 as security for the payment of any part of the purchase price of them.
8. To cooperate with and avail itself of the facilities of the United States Department of Commerce, the [Commission on] Office of Economic Development and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of the State in the promotion, assistance and development of the business prosperity and economic welfare of those communities or of this state.
9. To do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
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Sec. 68. NRS 670A.150 is hereby amended to read as follows:
670A.150 In furtherance of its purposes and in addition to the powers conferred on business corporations by law, the corporation may, subject to the restrictions and limitations contained in this chapter:
1. Elect, appoint and employ officers, agents and employees, make contracts, including without limitation, contracts to share personnel and services with other public or private entities to carry out the State Plan for Economic Development, and may incur liabilities for any of the purposes of the corporation. The corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any natural person, firm, corporation, joint-stock company, association or trust, or in any other manner, except that the corporation may guarantee or endorse industrial revenue bonds, individually or in groups, issued under the laws of this state and the obligations of borrowers.
2. Borrow money and negotiate guarantees from federal agencies for any of the purposes of the corporation, issue its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and may secure them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature, or any part of them or interest in them, without securing stockholder approval.
3. Make loans to any natural person, firm, corporation, joint-stock company, association or trust, and may establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected therewith, except that the corporation shall not approve any application for a loan unless the person applying for the loan shows that he or she has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.
4. Purchase, receive, hold, lease or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant to the property and the use of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
5. Acquire the goodwill, business, rights, real and personal property and other assets, or any part of them, or interest in them, of any natural person, firm, corporation, joint-stock company, association or trust, and assume, undertake or pay the obligations, debts and liabilities of that natural person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate to construct industrial plants or other business establishments on it or to dispose of that real estate to others for the construction of industrial plants or other business establishments; and may acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease or otherwise dispose of industrial plants or business establishments.
6. Acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any natural person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof may exercise all the rights, powers and privileges of ownership including the right to vote thereon.
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7. Mortgage, pledge or otherwise encumber any property, right or thing of value acquired pursuant to the powers contained in subsection 4, 5 or 6 as security for the payment of any part of the purchase price of them.
8. Cooperate with and avail itself of the facilities of the United States Department of Commerce, the [Commission on] Office of Economic Development and any other similar state or federal governmental agencies and may cooperate with and assist, and otherwise encourage organizations in the various communities of the State in the promotion, assistance and development of the business prosperity and economic welfare of those communities or of this state.
9. Do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
Sec. 69. NRS 670A.180 is hereby amended to read as follows:
670A.180 1. The business and affairs of the corporation must be managed and conducted by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and agents as the corporation by its bylaws may authorize. The board of directors must consist of a number not less than 9 nor more than 15 as may be determined in the first instance by the incorporators and after that annually by the stockholders of the corporation. The Director of the Department of Business and Industry and the Executive Director of the [Commission on] Office of Economic Development shall serve ex officio as nonvoting directors, but without any liability as such, except for gross negligence or willful misconduct.
2. The board of directors may exercise all the powers of the corporation except those conferred by law or by the bylaws of the corporation upon the stockholders and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which must be filled as provided in this section.
3. The voting directors must be elected in the first instance by the incorporators and after that at least five directors must be elected by the members of the corporation and at least two directors must be elected by the stockholders at the annual meeting. The annual meeting must be held during the month of January or, if no annual meeting is held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting as provided in this chapter.
4. The voting directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with the provisions of the bylaws.
5. Any vacancy in the office of a voting director must be filled by the directors.
6. Directors and officers are not responsible for losses unless the losses have been occasioned by the willful misconduct of those directors and officers.
Sec. 70. NRS 701A.110 is hereby amended to read as follows:
701A.110 1. Except as otherwise provided in this section, the Director , in consultation with the Office of Economic Development, shall grant a partial abatement from the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on a building or other structure that is determined to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:
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determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:
(a) No funding is provided by any governmental entity in this State for the acquisition, design or construction of the building or other structure or for the acquisition of any land therefor. For the purposes of this paragraph:
(1) Private activity bonds must not be considered funding provided by a governmental entity.
(2) The term private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
(b) The owner of the property:
(1) Submits an application for the partial abatement to the Director. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.
(2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the partial abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.
(3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:
(I) Chief of the Budget Division of the Department of Administration;
(II) Department of Taxation;
(III) County assessor;
(IV) County treasurer;
(V) [Commission on] Office of Economic Development;
(VI) Board of county commissioners; and
(VII) City manager and city council, if any.
(c) The abatement is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act.
2. As soon as practicable after the Director receives the application and proof required by subsection 1, the Director , in consultation with the Office of Economic Development, shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:
(a) Department of Taxation;
(b) County assessor;
(c) County treasurer; and
(d) [Commission on] Office of Economic Development.
3. As soon as practicable after receiving a copy of:
(a) An application pursuant to subparagraph (3) of paragraph (b) of subsection 1:
(1) The Chief of the Budget Division shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State; and
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(2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government.
(b) A certificate of eligibility pursuant to subsection 2, the Department of Taxation shall forward a copy of the certificate to each affected local government.
4. The partial abatement:
(a) Must be for a duration of not more than 10 years and in an annual amount that equals, for a building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land.
(b) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.
(c) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:
(1) Department of Taxation, who shall immediately notify each affected local government of the determination;
(2) County assessor;
(3) County treasurer; and
(4) [Commission on] Office of Economic Development.
5. If a partial abatement terminates pursuant to paragraph (c) of subsection 4, the owner of the property to which the partial abatement applied shall repay to the county treasurer the amount of the exemption that was allowed pursuant to this section before the date of that termination. The owner 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.
6. The Director , in consultation with the Office of Economic Development, shall adopt regulations:
(a) Establishing the qualifications and methods to determine eligibility for the abatement;
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(b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and
(c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,
Κ and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.
[6.] 7. The Director shall:
(a) Cooperate with the Office of Economic Development in carrying out the provisions of this section; and
(b) Submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.
8. As used in this section:
(a) Building or other structure does not include any building or other structure for which the principal use is as a residential dwelling for not more than four families.
(b) Director means the Director of the Office of Energy appointed pursuant to NRS 701.150.
(c) Taxes imposed for public education means:
(1) Any ad valorem tax authorized or required by chapter 387 of NRS;
(2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and
(3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.
Sec. 71. NRS 701A.210 is hereby amended to read as follows:
701A.210 1. Except as otherwise provided in this section, if a:
(a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on-site; or
(b) Business that includes as a primary component a facility for the generation of electricity from recycled material,
Κ is found by the [Commission on] Office of Economic Development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the [Commission on] Office of Economic Development pursuant to NRS 360.750, the [Commission] Office may, if the business additionally satisfies the requirements set forth in subsection 2 of NRS 361.0687, grant to the business a partial abatement from the taxes imposed on real property pursuant to chapter 361 of NRS.
2. If a partial abatement from the taxes imposed on real property pursuant to chapter 361 of NRS is approved by the [Commission on] Office of Economic Development pursuant to NRS 360.750 for a business described in subsection 1:
κ2011 Statutes of Nevada, Page 3478 (CHAPTER 507, AB 449)κ
(a) The partial abatement must:
(1) Be for a duration of at least 1 year but not more than 10 years;
(2) Not exceed 50 percent of the taxes on real property payable by the business each year; and
(3) Be administered and carried out in the manner set forth in NRS 360.750.
(b) The Executive Director of the [Commission on] Office of Economic Development shall notify the county assessor of the county in which the business is located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the [Commission] Office granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.
3. The partial abatement provided in this section applies only to the business for which certification was granted pursuant to NRS 360.750 and the property used in connection with that business. The exemption does not apply to property in this State that is not related to the business for which the certification was granted pursuant to NRS 360.750 or to property in existence and subject to taxation before the certification was granted.
4. As used in this section, facility for the generation of electricity from recycled material means a facility for the generation of electricity that uses recycled material as its primary fuel, including material from:
(a) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;
(b) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and
(c) Municipal waste, such as sewage and sludge.
Κ The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.
Sec. 72. NRS 701A.360 is hereby amended to read as follows:
701A.360 1. A person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the generation of electricity from geothermal resources or a facility for the transmission of electricity produced from renewable energy or geothermal resources in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS.
2. A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to NRS 701A.300 to 701A.390, inclusive.
3. As soon as practicable after the Director receives an application for a partial abatement, the Director shall submit the application to the Commissioner and forward a copy of the application to:
(a) The Chief of the Budget Division of the Department of Administration;
(b) The Department of Taxation;
(c) The board of county commissioners;
κ2011 Statutes of Nevada, Page 3479 (CHAPTER 507, AB 449)κ
(d) The county assessor;
(e) The county treasurer; and
(f) The [Commission on] Office of Economic Development.
4. With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application.
5. The Commissioner shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.
Sec. 73. NRS 701A.365 is hereby amended to read as follows:
701A.365 1. Except as otherwise provided in subsection 2, the Commissioner , in consultation with the Office of Economic Development, shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, if the Commissioner , in consultation with the Office of Economic Development, makes the following determinations:
(a) The applicant has executed an agreement with the Commissioner which must:
(1) State that the facility will, after the date on which a certificate of eligibility for the abatement is issued pursuant to NRS 701A.370, continue in operation in this State for a period specified by the Commissioner, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and
(2) Bind the successors in interest in the facility for the specified period.
(b) The facility 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 facility operates.
(c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.
(d) If the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:
(1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;
(2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State;
(3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and
(4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:
κ2011 Statutes of Nevada, Page 3480 (CHAPTER 507, AB 449)κ
(I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to NRS 701A.390.
(e) If the facility will be located in a county whose population is less than 100,000 or a city whose population is less than 60,000, the facility meets the following requirements:
(1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the Commissioner for good cause, at least 30 percent who are residents of Nevada;
(2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State;
(3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and
(4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, 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 employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and
(II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the Commissioner by regulation pursuant to NRS 701A.390.
(f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.
(g) The facility is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of section 14 of this act.
2. The Commissioner shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of electricity from geothermal resources unless the application is approved pursuant to this subsection. The board of county commissioners of a county must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners must not condition the approval of the application on a requirement that the facility for the generation of electricity from geothermal resources agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility.
κ2011 Statutes of Nevada, Page 3481 (CHAPTER 507, AB 449)κ
directly related to or otherwise necessary for the construction and operation of the facility. If the board of county commissioners does not approve or deny the application within 30 days after the board receives the application, the application shall be deemed denied.
3. Notwithstanding the provisions of subsection 1, the Commissioner , in consultation with the Office of Economic Development, may, if the Commissioner , in consultation with the Office, determines that such action is necessary:
(a) Approve an application for a partial abatement for a facility that does not meet the requirements set forth in paragraph (d) or (e) of subsection 1; or
(b) Add additional requirements that a facility must meet to qualify for a partial abatement.
4. The Commissioner and the Director shall cooperate with the Office of Economic Development in carrying out the provisions of this section.
5. The Commissioner shall submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.
Sec. 74. NRS 701A.370 is hereby amended to read as follows:
701A.370 1. If the Commissioner approves an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, of:
(a) Property taxes imposed pursuant to chapter 361 of NRS, the partial abatement must:
(1) Be for a duration of the 20 fiscal years immediately following the date of approval of the application;
(2) Be equal to 55 percent of the taxes on real and personal property payable by the facility each year; and
(3) Not apply during any period in which the facility is receiving another abatement or exemption from property taxes imposed pursuant to chapter 361 of NRS, other than any partial abatement provided pursuant to NRS 361.4722.
(b) Local sales and use taxes:
(1) The partial abatement must:
(I) Be for the 3 years beginning on the date of approval of the application;
(II) Be equal to that portion of the combined rate of all the local sales and use taxes payable by the facility each year which exceeds 0.25 percent; and
(III) Not apply during any period in which the facility is receiving another abatement or exemption from local sales and use taxes.
(2) The Department of Taxation shall issue to the facility a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2.25 percent.
2. Upon approving an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, the Commissioner shall immediately notify the Director of the terms of the abatement and the Director shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department of Taxation;
(b) The board of county commissioners;
κ2011 Statutes of Nevada, Page 3482 (CHAPTER 507, AB 449)κ
(c) The county assessor;
(d) The county treasurer; and
(e) The [Commission on] Office of Economic Development.
Sec. 75. NRS 701A.375 is hereby amended to read as follows:
701A.375 1. As soon as practicable after receiving a copy of an application pursuant to NRS 701A.360:
(a) The Chief of the Budget Division of the Department of Administration shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State and forward a copy of the fiscal note to the Director for submission to the Commissioner [;] and the Office of Economic Development; and
(b) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government and to the Director for submission to the Commissioner [.] and the Office of Economic Development.
2. As soon as practicable after receiving a copy of a certificate of eligibility pursuant to NRS 701A.370, the Department of Taxation shall forward a copy of the certificate to each affected local government.
Sec. 76. NRS 701A.380 is hereby amended to read as follows:
701A.380 1. A partial abatement approved by the Commissioner pursuant to NRS 701A.300 to 701A.390, inclusive, terminates upon any determination by the Commissioner that the facility has ceased to meet any eligibility requirements for the abatement.
2. The Commissioner shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the facility has ceased to meet those requirements.
3. The Commissioner shall immediately provide notice of each determination of termination to the Director, and the Director shall immediately provide a copy of the notice to:
(a) The Department of Taxation, which shall immediately notify each affected local government of the determination;
(b) The board of county commissioners;
(c) The county assessor;
(d) The county treasurer; and
(e) The [Commission on] Office of Economic Development.
4. A facility whose partial abatement is terminated pursuant to this section shall repay to:
(a) The county treasurer the amount of the exemption from property taxes imposed pursuant to chapter 361 of NRS; and
(b) The Department of Taxation the amount of the exemption from local sales and use taxes,
Κ that was allowed pursuant to this section before the date of that termination. Except as otherwise provided in NRS 360.232 and 360.320, the facility 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.
Sec. 77. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 3483 (CHAPTER 507, AB 449)κ
Sec. 78. NRS 701A.390 is hereby amended to read as follows:
701A.390 The Commissioner:
1. Shall adopt regulations:
(a) Prescribing the minimum level of benefits that a facility must provide to its employees if the facility is going to use benefits paid to employees as a basis to qualify for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive;
(b) Prescribing such requirements for an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, as will ensure that all information and other documentation necessary for the Commissioner , in consultation with the Office of Economic Development, to make an appropriate determination is filed with the Director;
(c) Requiring each recipient of a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, to file annually with the Director, for submission to the Commissioner, such information and documentation as may be necessary for the Commissioner to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and
(d) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 1 of NRS 701A.365; and
2. May adopt such other regulations as the Commissioner determines to be necessary to carry out the provisions of NRS 701A.300 to 701A.390, inclusive.
Sec. 79. NRS 704.032 is hereby amended to read as follows:
704.032 The [Commission on] Office of Economic Development may participate in proceedings before the Public Utilities Commission of Nevada concerning a public utility in the business of supplying electricity or natural gas to advocate the accommodation of the State Plan for [Industrial Development and Diversification.] Economic Development developed by the Executive Director of the Office pursuant to subsection 2 of section 14 of this act. The [Commission on] Office of Economic Development may intervene as a matter of right in a proceeding pursuant to NRS 704.736 to 704.754, inclusive, or 704.991.
Sec. 80. NRS 704.223 is hereby amended to read as follows:
704.223 1. If a business with a new industrial load has been certified by the [Commission on] Office of Economic Development pursuant to NRS 231.139, the Public Utilities Commission of Nevada may authorize a public utility that furnishes electricity for the business to purchase or transmit a portion of the electricity provided to the business to reduce the overall cost of the electricity to the business. The purchases of electricity may be made by the business with the new industrial load, by agreement between the public utility and the business or by the public utility on behalf of the business, and must be made in accordance with such rates, terms and conditions as are established by the Public Utilities Commission of Nevada.
2. If additional facilities are determined by the affected utility to be required as the result of authorization granted pursuant to subsection 1, the facilities must be constructed, owned and operated by the affected utility. The business must agree as a condition to the authorization granted pursuant to subsection 1 to continue its business in operation in Nevada for 30 years. The agreement must require appropriate security for the reimbursement of the utility for the remaining portion of the value of the facilities which has not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.
κ2011 Statutes of Nevada, Page 3484 (CHAPTER 507, AB 449)κ
not been depreciated by the utility and will not be mitigated by use of the facilities for other customers in the event that the business, or its successor in interest, does not remain in operation for 30 years.
3. Nothing in this section authorizes the Federal Energy Regulatory Commission to order the purchase or transmittal of electricity in the manner described in subsection 1.
4. All of the rules, regulations and statutes pertaining to the Public Utilities Commission of Nevada and public utilities apply to actions taken pursuant to this section.
5. Any authorization granted by the Public Utilities Commission of Nevada pursuant to this section must include such terms and conditions as the Commission determines are necessary to ensure that the rates or charges assessed to other customers of the public utility do not subsidize the cost of providing service to the business.
Sec. 80.5. Section 11 of this act is hereby amended to read as follows:
Sec. 11. The Board shall:
1. Review and evaluate all programs of economic development in this State and make recommendations to the Legislature for legislation to improve the effectiveness of those programs in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act.
2. Recommend to the Executive Director a State Plan for Economic Development and make recommendations to the Executive Director for carrying out the State Plan for Economic Development.
3. Recommend to the Executive Director the criteria for the designation of regional development authorities.
4. Make recommendations to the Executive Director for the designation for the southern region of this State, the northern region of this State and the rural region of this State, one or more regional development authorities for each region.
5. Provide advice and recommendations to the Executive Director concerning:
(a) The procedures to be followed by any entity seeking to obtain any development resource, allocation, grant or loan from the Office;
(b) The criteria to be used by the Office in providing development resources and making allocations, grants and loans;
(c) The requirements for reports from the recipients of development resources, allocations, grants and loans from the Office concerning the use thereof; and
(d) Any other activities of the Office.
6. Review each proposal by the Executive Director to enter into a contract pursuant to section 15.5 of this act for more than $100,000 or allocate, grant or loan more than $100,000 to any entity and, as the Board determines to be in the best interests of the State, approve or disapprove the proposed allocation, grant or loan. Notwithstanding any other statutory provision to the contrary, the Executive Director shall not enter into any contract pursuant to section 15.5 of this act for more than $100,000 or make any allocation, grant or loan of more than $100,000 to any entity unless the allocation, grant or loan is approved by the Board.
κ2011 Statutes of Nevada, Page 3485 (CHAPTER 507, AB 449)κ
Sec. 81. Section 12 of this act is hereby amended to read as follows:
Sec. 12. 1. There is hereby created within the Office of the Governor the Office of Economic Development [.] , consisting of:
(a) A Division of Economic Development; and
(b) A Division of Motion Pictures.
2. The Governor shall propose a budget for the Office.
3. Employees of the Office are not in the classified or unclassified service of this State and serve at the pleasure of the Executive Director.
Sec. 82. Section 14 of this act is hereby amended to read as follows:
Sec. 14. After considering any pertinent advice and recommendations of the Board, the Executive Director:
1. Shall direct and supervise the administrative and technical activities of the Office.
2. Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:
(a) New industries which have the potential to be developed in this State;
(b) The strengths and weaknesses of this State for business incubation;
(c) The competitive advantages and weaknesses of this State;
(d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;
(e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and
(f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.
3. Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.
4. Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section.
5. Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.
6. May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and sections 12 to [15.5, inclusive, and 17 to] 22, inclusive, of this act.
7. May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and sections 12 to [15.5, inclusive, and 17 to] 22, inclusive, of this act.
κ2011 Statutes of Nevada, Page 3486 (CHAPTER 507, AB 449)κ
8. In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.
Sec. 83. Section 15 of this act is hereby amended to read as follows:
Sec. 15. Under the direction of the Executive Director, the Office [shall:] :
1. [Provide] Shall provide administrative and technical support to the Board.
2. [Support] Shall support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of section 14 of this act and the private sector to encourage the creation and expansion of businesses in Nevada and the relocation of businesses to Nevada.
3. Shall coordinate and oversee all economic development programs in this State to ensure that such programs are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act, including, without limitation:
(a) Coordinating the economic development activities of agencies of this State, local governments in this State and local and regional organizations for economic development to avoid duplication of effort or conflicting efforts;
(b) Working with local, state and federal authorities to streamline the process for obtaining abatements, financial incentives, grants, loans and all necessary permits and licenses for the creation or expansion of business in Nevada or the relocation of businesses to Nevada; and
(c) Reviewing, analyzing and making recommendations for the approval or disapproval of applications for abatements, financial incentives, development resources, and grants and loans of money provided by the Office.
4. May:
(a) Participate in any federal programs for economic development that are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of section 14 of this act; and
(b) When practicable and authorized by federal law, act as the agency of this State to administer such federal programs.
Sec. 84. Section 16 of this act is hereby amended to read as follows:
Sec. 16. 1. The Catalyst Fund is hereby created as a special revenue fund in the State Treasury.
2. The Catalyst Fund is a continuing fund without reversion. The interest and income earned on money in the Catalyst Fund, after deducting any applicable charges, must be credited to the Catalyst Fund.
3. All payments of principal and interest on any loan made with money from the Catalyst Fund must be deposited in the State Treasury for credit to the Fund.
κ2011 Statutes of Nevada, Page 3487 (CHAPTER 507, AB 449)κ
4. The [Commission on Economic Development] Executive Director shall administer the Catalyst Fund and may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Catalyst Fund.
Sec. 85. 1. On or before October 1, 2011, the Advisory Council on Economic Development created by section 8 of this act shall conduct an analysis and evaluation of the effectiveness of the programs of economic development in this State and the economic strengths and weaknesses of this State, by organizing teams, which may include, without limitation:
(a) An oversight team, consisting of the leaders of State Government and the Nevada System of Higher Education selected by the Advisory Council, to manage the work of conducting the analysis and evaluation and to compile interim reports and a final report on the analysis and evaluation.
(b) A research team to work with the Nevada System of Higher Education and existing organizations for economic development to:
(1) Identify and analyze industry clusters and innovation opportunities in this State; and
(2) Evaluate the best practices of economic development programs nationwide.
(c) An infrastructure planning team to:
(1) Inventory existing infrastructure in this State; and
(2) Identify the improvements to the infrastructure in this State which are needed to aid and encourage the economic development of this State.
(d) A technology commercialization and capital planning team to:
(1) Research best practices for the commercialization of research and technology; and
(2) Engage businesses, entrepreneurs and investors to commercialize research and technology developed in this State.
(e) An economic impact analysis team to develop an investment prospectus for this State based on the work performed by the other teams.
(f) An external research validation team to recommend a consulting firm to be hired by the Advisory Council. Within the limits of legislative appropriations, the Advisory Council shall retain a qualified, independent consultant to validate the economic assumptions used by the teams and review completed economic analyses.
2. In establishing the State Plan for Economic Development pursuant to subsection 2 of section 14 of this act, the Executive Director of the Office of Economic Development created pursuant to section 12 of this act shall use the analysis and evaluation conducted pursuant to this section.
Sec. 86. 1. NRS 231.030, 231.040, 231.050, 231.065, 231.067, 231.070, 231.080, 231.090, 231.110 and 231.142 are hereby repealed.
2. NRS 231.153, 231.154, 231.155, 231.156, 277.300, 277.305, 277.310, 277.315, 277.320, 277.325, 277.330, 277.335, 277.340, 277.345, 277.350, 277.355, 277.360, 277.365, 277.370, 277.375, 277.380, 277.385 and 277.390 are hereby repealed.
Sec. 87. On July 1, 2011, the State Controller shall transfer the unexpended balance, if any, remaining in the Nevada Economic Development Account in the State General Fund to the Catalyst Fund created by section 16 of this act.
κ2011 Statutes of Nevada, Page 3488 (CHAPTER 507, AB 449)κ
Sec. 88. The board of directors of each regional development district created pursuant to NRS 277.300 to 277.390, inclusive, before July 1, 2011, shall settle the affairs of and dissolve the district not later than December 31, 2011.
Sec. 89. Sections 52.3 to 53.7, inclusive, of this act do not apply to or affect any bonds, notes or other securities issued before July 1, 2012, pursuant to NRS 244A.669 to 244A.763, inclusive, 268.512 to 268.568, inclusive, 349.400 to 349.670, inclusive, or 349.935 to 349.961, inclusive.
Sec. 90. 1. Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.
Sec. 91. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 92. As soon as practicable after the effective date of this section, each entity that received a grant pursuant to NRS 231.065 or 231.067 on or after July 1, 2009, and before July 1, 2011, shall provide a report to the Commission on Economic Development and the Advisory Council on Economic Development which includes:
1. A detailed accounting for the use of all money received;
2. A description of the results achieved from the expenditures accounted for pursuant to subsection 1; and
3. A statement of the leads on future business growth developed as a direct result of the grant.
Sec. 93. 1. This section and sections 2 to 8, inclusive, 23.7, 29.5, 30.3, 30.7, 31.5, 85 and 87 to 92, inclusive, of this act become effective upon passage and approval.
κ2011 Statutes of Nevada, Page 3489 (CHAPTER 507, AB 449)κ
2. Sections 1, 9 to 15, inclusive, 16, 18 to 22, inclusive, 23.3, 31.3 and 46 and subsection 2 of section 86 of this act become effective on July 1, 2011.
3. Sections 1.5, 15.5, 17, 17.5, 23, 24 to 29, inclusive, 30, 31, 31.7 to 45, inclusive, and 47 to 84, inclusive, and subsection 1 of section 86 of this act become effective on July 1, 2012.
4. Sections 9 and 46 of this act expire by limitation on June 30, 2012.
________
Senate Bill No. 400Select Committee on Economic Growth and Employment
CHAPTER 508
[Approved: June 17, 2011]
AN ACT relating to records; establishing a process by which a state agency may obtain certain county records at no charge for the purpose of economic development and population estimate research; prohibiting certain uses of confidential information contained in such county records; providing civil and criminal penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill establishes a process by which a state agency engaged in activities related to economic development and population research may obtain at no charge information on each parcel in a county, known as the parcel dataset, and the digital parcel base map of a county. Section 1 of this bill requires a county assessor to provide each year to the State Demographer employed by the Department of Taxation, at no charge, the fiscal year-end parcel dataset of the county. Section 5 of this bill requires a county which maintains or possesses a digital parcel base map of the county to provide the fiscal year-end digital parcel base map to the State Demographer each year at no charge. Under sections 1 and 5, the State Demographer may not require a county to provide a parcel dataset or a digital parcel base map in any particular digital or electronic format or to use any specific software to provide such information. Not more than once each year, the State Demographer must provide the parcel dataset and digital parcel base map at no charge to a state agency engaged in economic development and population research that submits a written request for the information. The state agency receiving the parcel dataset or digital parcel base map must provide a summary of the research produced from the information to the county providing the information and the Commission on Economic Development at no charge. Under sections 1 and 5, a state agency receiving a parcel dataset or a digital parcel base map for a county must keep such information confidential and must not knowingly redistribute the information to any other person or governmental agency.
Under existing law, the personal information of certain persons which is contained in the records of a county assessor is deemed confidential, except that a county assessor is authorized to release this confidential information for certain limited purposes. (NRS 250.100-250.230) Existing law provides criminal and civil penalties for improper acts related to obtaining or disclosing these confidential records. (NRS 250.210-250.230) Section 1 of this bill makes these civil and criminal penalties applicable to an employee or agent of a state agency obtaining confidential information in parcel datasets from the State Demographer.
κ2011 Statutes of Nevada, Page 3490 (CHAPTER 508, SB 400)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 250 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, not later than September 1 of each year, a county assessor shall provide to the State Demographer at no charge the parcel dataset of the county assessor as of June 30 of that year. The State Demographer may not require a county assessor to provide information pursuant to this subsection in a particular digital or electronic format or to use any specific software to provide the information. The State Demographer shall keep confidential the information provided to him or her pursuant to this subsection, except that the State Demographer shall provide such information at no charge to a state agency which satisfies the requirements of this section.
2. A state agency engaged in activities related to economic development or population estimate research may request the parcel datasets provided to the State Demographer pursuant to subsection 1 by submitting a written request to the State Demographer. The written request must include, without limitation:
(a) The name and address of the state agency;
(b) A statement of the purpose for which the state agency is seeking the parcel datasets; and
(c) A summary of the research or statistical reports which will be produced from the parcel datasets.
3. Except as otherwise provided in subsection 4, if the State Demographer finds that a written request complies with subsection 2, the State Demographer shall provide to the state agency at no charge the parcel datasets provided to the State Demographer pursuant to subsection 1.
4. The State Demographer may refuse a request submitted by a state agency pursuant to subsection 2 if the State Demographer has provided the requested information to the state agency during the calendar year in which the request is made.
5. A state agency receiving parcel datasets pursuant to this section shall provide to the county that provided the parcel datasets and the Commission on Economic Development, at no charge, a summary of the research produced from that information.
6. The State Demographer or any employee or other agent of a state agency receiving parcel datasets pursuant to this section shall not knowingly:
(a) Publish or otherwise disclose any information made confidential pursuant to NRS 250.100 to 250.230, inclusive; or
(b) Use any information made confidential pursuant to NRS 250.100 to 250.230, inclusive, to contact any person.
7. A person who violates subsection 6 is guilty of a misdemeanor and, in addition, the court may order a person who violates subsection 6 to pay a civil penalty in an amount not to exceed $2,500 for each act.
κ2011 Statutes of Nevada, Page 3491 (CHAPTER 508, SB 400)κ
8. A state agency receiving a parcel dataset pursuant to this section shall keep the parcel dataset confidential, and, except as otherwise provided in subsection 5, the State Demographer, or any employee or other agent of a state agency receiving a parcel dataset pursuant to this section, shall not provide the parcel dataset to any person or governmental agency.
9. As used in this section:
(a) Parcel dataset means data or files maintained in digital or electronic format by a county assessor in the course of his or her duties that contain information on each parcel in the county, including, without limitation, information concerning ownership, parcel number, address, land designations and zoning, improvements and, if applicable, the date and price of sale.
(b) State agency means:
(1) The State of Nevada, or any agency, instrumentality or corporation thereof; and
(2) Faculty of the Nevada System of Higher Education or any branch or facility thereof.
(c) State Demographer means the demographer employed pursuant to NRS 360.283.
Sec. 2. NRS 250.150 is hereby amended to read as follows:
250.150 If a person listed in NRS 250.140 requests confidentiality, the confidential information of that person may only be disclosed as provided in NRS 239.0115, 250.160 or 250.180 [.] or section 1 of this act.
Sec. 3. NRS 250.160 is hereby amended to read as follows:
250.160 1. A county assessor may provide confidential information for use:
(a) By any governmental entity, including, without limitation, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions.
(b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, without limitation, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of a federal or state court.
(c) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized pursuant to this section.
(d) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.
(e) In activities relating to research and the production of statistical reports, if the address or information will not be published or otherwise disclosed or used to contact any person.
(f) In the bulk distribution of surveys, marketing material or solicitations, if the assessor has adopted policies and procedures to ensure that the information will be used or sold only for use in the bulk distribution of surveys, marketing material or solicitations.
κ2011 Statutes of Nevada, Page 3492 (CHAPTER 508, SB 400)κ
(g) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station.
(h) In accordance with section 1 of this act.
2. Except for a reporter or editorial employee described in paragraph (g) of subsection 1, a person who obtains information pursuant to this section and sells or discloses that information shall keep and maintain for at least 5 years a record of:
(a) Each person to whom the information is sold or disclosed; and
(b) The purpose for which that person will use the information.
Sec. 4. NRS 250.210 is hereby amended to read as follows:
250.210 1. A person shall not:
(a) Make a false representation to obtain any information pursuant to NRS 250.100 to 250.180, inclusive; or
(b) Knowingly obtain or disclose information pursuant to NRS 250.100 to 250.180, inclusive, for any use not authorized pursuant to NRS 250.100 to 250.180, inclusive [.] , or section 1 of this act.
2. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 5. Chapter 237 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, not later than September 1 of each year, each county which possesses or maintains a digital parcel base map for the county shall provide the digital parcel base map for the county, as of June 30 of that year, to the State Demographer at no charge. The State Demographer may not require a county to provide a digital parcel base map in a particular electronic format or to use any specific software to provide the digital parcel base map. The State Demographer shall keep confidential the information provided to him or her pursuant to this subsection, except that the State Demographer shall provide such information at no charge to a state agency which satisfies the requirements of this section.
2. A state agency engaged in activities related to economic development or population estimate research may request the digital parcel base maps for each county that possesses or maintains a digital parcel base map by submitting a written request to the State Demographer. The written request must include, without limitation:
(a) The name and address of the state agency;
(b) A statement of the purpose for which the state agency is seeking the digital parcel base maps; and
(c) A summary of the research or statistical reports which will be produced from the digital parcel base maps.
3. Except as otherwise provided in subsection 4, if the State Demographer finds that a written request complies with subsection 2, the State Demographer shall provide to the state agency at no charge the digital parcel base maps provided to the State Demographer pursuant to subsection 1.
κ2011 Statutes of Nevada, Page 3493 (CHAPTER 508, SB 400)κ
4. The State Demographer may refuse a request submitted by a state agency pursuant to subsection 2 if the State Demographer has provided the requested information to the state agency during the calendar year in which the request is made.
5. A state agency receiving a digital parcel base map pursuant to this section shall provide to the county that provided the digital parcel base map and the Commission on Economic Development, at no charge, a summary of the research produced from that information.
6. A state agency receiving a digital parcel base map pursuant to this section shall keep the digital parcel base map confidential, and, except as otherwise provided in subsection 5, the State Demographer, or any employee or other agent of a state agency receiving a digital parcel base map for a county pursuant to this section, shall not provide the digital parcel base map to any person or governmental agency.
7. As used in this section:
(a) Digital parcel base map means a map in an electronic format that contains the boundaries of the parcels in the county.
(b) State agency means:
(1) The State of Nevada, or any agency, instrumentality or corporation thereof; and
(2) Faculty of the Nevada System of Higher Education or any branch or facility thereof.
(c) State Demographer means the demographer employed pursuant to NRS 360.283.
Sec. 6. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 3494κ
Senate Bill No. 365Senator McGinness
CHAPTER 509
[Approved: June 17, 2011]
AN ACT relating to education; eliminating certain requirements imposed by statute on school districts and public schools in this State; revising the requirements for the board of trustees of certain school districts to adopt a pilot program to provide a program of small learning communities in certain middle schools, junior high schools and high schools; extending the effective date for the implementation of academic plans for pupils enrolled in middle school or junior high school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the board of trustees of each school district is required to adopt a policy to engage certain administrators in the classroom. (NRS 391.235) Section 21.5 of this bill makes the adoption of such a policy permissive rather than mandatory.
Under existing federal law, a school which is served under Title I and which is identified as needing improvement pursuant to the federal law is required to develop and implement a school improvement plan. (20 U.S.C. § 6316(b)(3)) Also under existing federal law, a school district which is served under Title I and which is identified as needing improvement pursuant to the federal law is required to develop and implement a plan for improvement for the school district. (20 U.S.C. § 6316(c)(7)) Under existing state law, the board of trustees of each school district is required to prepare a plan to improve the achievement of pupils enrolled in the school district. (NRS 385.348) This bill repeals the state statutory requirement for a school district to prepare a plan for improvement.
Under existing law, certain school districts in this State are required to adopt a policy providing for the creation of small learning communities for certain pupils enrolled in middle school or junior high school and high school. (NRS 388.171, 388.215) Section 21.3 of this bill requires the board of trustees of each school district which includes at least one high school with an enrollment of 1,200 pupils or more to adopt a pilot program of small learning communities for implementation in at least 50 percent of those high schools. Section 36.3 of this bill requires the board of trustees of each school district which includes at least one middle school or junior high school with an enrollment of 500 pupils or more to adopt a pilot program of small learning communities for pupils in their initial year of enrollment for implementation in at least 50 percent of those schools. Sections 36.5 and 38 of this bill require both pilot programs to be implemented beginning with the 2013-2014 school year.
Under existing law, effective on July 1, 2011, an academic plan must be developed for each pupil enrolled in middle school or junior high school in accordance with a policy adopted by the board of trustees of the school district. Section 36.5 of this bill extends the date for adoption of such a policy to January 1, 2013, for implementation beginning with the 2013-2014 school year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
κ2011 Statutes of Nevada, Page 3495 (CHAPTER 509, SB 365)κ
Sec. 3. NRS 385.359 is hereby amended to read as follows:
385.359 1. The Bureau shall contract with a person or entity to:
(a) Review and analyze, in accordance with the standards prescribed by the Committee pursuant to subsection 2 of NRS 218E.615, the:
(1) Annual report of accountability prepared by:
(I) The State Board pursuant to NRS 385.3469; and
(II) The board of trustees of each school district pursuant to NRS 385.347.
(2) Plan to improve the achievement of pupils prepared by:
(I) The State Board pursuant to NRS 385.34691; and
(II) [The board of trustees of each school district pursuant to NRS 385.348; and
(III)] Each school pursuant to NRS 385.357 identified by the Bureau for review, if any, or if such a plan has not been prepared, the turnaround plan for the schools identified by the Bureau, if any, implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, as applicable.
(b) Submit a written report to and consult with the State Board and the Department regarding any methods by which the State Board may improve the accuracy of the report of accountability required pursuant to NRS 385.3469 and the plan to improve the achievement of pupils required pursuant to NRS 385.34691, and the purposes for which the report and plan to improve are used.
(c) Submit a written report to and consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 [and the plan to improve the achievement of pupils required pursuant to NRS 385.348,] and the purposes for which the report [and plan to improve are] is used.
(d) If requested by the Bureau, submit a written report to and consult with individual schools identified by the Bureau regarding any methods by which the school may improve the accuracy of the information required to be reported for the school pursuant to subsection 2 of NRS 385.347 and the:
(1) Plan to improve the achievement of pupils required pursuant to NRS 385.357;
(2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or
(3) Plan for restructuring the school implemented pursuant to NRS 385.37607,
Κ whichever is applicable for the school.
(e) Submit written reports and any recommendations to the Committee and the Bureau concerning:
(1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;
(2) The status of each school district that is designated as demonstrating need for improvement pursuant to NRS 385.377 and each school that is designated as demonstrating need for improvement pursuant to NRS 385.3623; and
κ2011 Statutes of Nevada, Page 3496 (CHAPTER 509, SB 365)κ
(3) Any other matter related to the accountability of the public schools of this State, as deemed necessary by the Bureau.
2. The consultant with whom the Bureau contracts to perform the duties required pursuant to subsection 1 must possess the experience and knowledge necessary to perform those duties, as determined by the Committee.
Secs. 4-8.5. (Deleted by amendment.)
Sec. 9. NRS 385.3785 is hereby amended to read as follows:
385.3785 1. The Commission shall:
(a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:
(1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;
(2) The [plan to improve the achievement of pupils prepared by the board of trustees of each school district pursuant to NRS 385.348;
(3) The] plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation, the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school; and
[(4)] (3) Any other information that the Commission considers relevant to the development of the program of educational excellence.
(b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
(c) Develop a concise application and simple procedures for the submission of applications by public schools and consortiums of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both, or that are linked to the turnaround plan for the school or the plan for restructuring the school, if applicable, or for innovative programs, or both. The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All public schools and consortiums of public schools, including, without limitation, charter schools, are eligible to submit such an application, regardless of whether the schools have made adequate yearly progress or failed to make adequate yearly progress. A public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.
(d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from public schools and consortiums of public schools that desire to participate in the program.
(e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of public schools provided by the Department pursuant to subsection 6.
κ2011 Statutes of Nevada, Page 3497 (CHAPTER 509, SB 365)κ
the Department pursuant to subsection 6. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.
(f) Prescribe accountability measures to be carried out by a public school that participates in the program if that public school does not meet the annual measurable objectives established by the State Board pursuant to NRS 385.361, including, without limitation:
(1) The specific levels of achievement expected of schools that participate; and
(2) Conditions for schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.
(g) Determine the amount of money that is available from the Account for those public schools and consortiums of public schools that are selected to participate in the program.
(h) Allocate money to public schools and consortiums of public schools from the Account. Allocations must be distributed not later than August 15 of each year.
(i) Establish criteria for public schools and consortiums of public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:
(1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in, as applicable, the:
(I) Plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;
(II) Turnaround plan for the school implemented pursuant to NRS 385.37603; or
(III) Plan for restructuring the school implemented pursuant to NRS 385.37607;
(2) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;
(3) The implementation of the applicable plans for improvement, including, without limitation, an analysis of whether the school is meeting the measurable objectives identified in the plan; and
(4) The attainment of measurable progress on the annual list of adequate yearly progress of school districts and schools.
2. To the extent money is available, the Commission shall make allocations of money to public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of this section.
κ2011 Statutes of Nevada, Page 3498 (CHAPTER 509, SB 365)κ
3. An application submitted pursuant to this section must include a written statement which:
(a) Indicates whether the public school or consortium of public schools is submitting the application for the continuation of an existing program or for the establishment of a new program; and
(b) Identifies all other sources of money that the public school or consortium of public schools has requested or received for the continuation or establishment of:
(1) The program for which the application is submitted; or
(2) A substantially similar program.
4. The Commission shall ensure, to the extent practicable, that grants of money provided pursuant to this section reflect the economic and geographic diversity of this State.
5. If a public school or consortium of public schools that receives money pursuant to subsection 1 or 2:
(a) Does not meet the criteria for effectiveness as prescribed in paragraph (i) of subsection 1;
(b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or
(c) Does not implement the program for which the money was received, as determined in an audit conducted pursuant to subsection 4 of NRS 385.3789 or an evaluation conducted pursuant to subsection 3 of NRS 385.379,
Κ over a 2-year period, the Commission may consider not awarding future allocations of money to that public school or consortium of public schools.
6. On or before July 1 of each year, the Department shall provide a list of priorities of public schools that indicates:
(a) The adequate yearly progress status of schools in the immediately preceding year; and
(b) The public schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,
Κ for consideration by the Commission in its development of procedures for the applications.
7. A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:
(a) Is based directly upon, as applicable, the:
(1) Plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;
(2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or
(3) Plan for restructuring the school implemented pursuant to NRS 385.37607;
κ2011 Statutes of Nevada, Page 3499 (CHAPTER 509, SB 365)κ
(b) Is developed in accordance with the criteria established by the Commission; and
(c) Is complete and complies with all technical requirements for the submission of an application.
Κ A school district may make recommendations to the individual schools and consortiums of public schools. Such schools and consortiums of public schools are not required to follow the recommendations of a school district.
8. In carrying out the requirements of this section, the Commission shall review and consider the programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental educational services maintained by the Department pursuant to NRS 385.384 and the recommendations submitted by the Committee pursuant to NRS 218E.615 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.
9. The Commission shall not award a grant of money from the Account for a program of remedial study that is available commercially unless that program has been adopted by the Department pursuant to NRS 385.389.
10. If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.
Secs. 10-21. (Deleted by amendment.)
Sec. 21.3. NRS 388.215 is hereby amended to read as follows:
388.215 1. The board of trustees of each school district which includes at least one high school with an enrollment of 1,200 pupils or more, including pupils enrolled in ninth grade, shall adopt a [policy for each of those high schools] pilot program to provide a program of small learning communities. The [policy] pilot program must be implemented in at least 50 percent of the high schools in the school district with an enrollment of 1,200 pupils or more and must require:
(a) Where practicable, the designation of a separate area geographically within the high school where the pupils enrolled in ninth grade attend classes;
(b) The collection and maintenance of information relating to pupils enrolled in ninth grade, including, without limitation, credits earned, attendance, truancy and indicators that a pupil may be at risk of dropping out of high school;
(c) Based upon the information collected pursuant to paragraph (b), the timely identification of any special needs of a pupil enrolled in ninth grade, including, without limitation, any need for programs of remedial study for a particular subject area and appropriate counseling;
(d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in ninth grade in the education of their children; and
(e) The assignment of:
(1) Guidance counselors;
(2) At least one licensed school administrator; and
(3) Appropriate adult mentors,
Κ specifically for the pupils enrolled in ninth grade.
κ2011 Statutes of Nevada, Page 3500 (CHAPTER 509, SB 365)κ
2. The principal of [each] a high school in which 1,200 pupils or more are enrolled, including pupils enrolled in ninth grade, and which the board of trustees of the school district has designated to participate in the pilot program adopted pursuant to subsection 1 shall:
(a) Carry out a program of small learning communities in accordance with the [policy prescribed by the board of trustees pursuant to subsection 1;] pilot program; and
(b) Submit an annual report, on a date prescribed by the board of trustees, that sets forth the specific strategies, programs and methods that are used to focus on the pupils enrolled in ninth grade at the school.
Sec. 21.5. NRS 391.235 is hereby amended to read as follows:
391.235 1. The board of trustees of each school district [shall] may adopt a policy that sets forth procedures and conditions for a program to engage administrators employed by the school district at the district level in annual classroom instruction, observation and other activities in a manner that is appropriate for the responsibilities, position and duties of the administrators. [The] If the board of trustees adopts such a policy, the policy must require each administrator employed by the school district at the district level to:
(a) If the administrator holds a license to teach, provide instruction in a core academic subject in a classroom for at least 1 regularly scheduled full instructional day in each school year; or
(b) If the administrator does not hold a license to teach:
(1) Personally observe a classroom for at least one-half of a regularly scheduled full instructional day in each school year; or
(2) Otherwise participate in activities with pupils in the classroom in each school year, including, without limitation, serving as a guest speaker in the classroom, reading to pupils in elementary school and participating in career day.
2. [A] If the board of trustees of a school district adopts a policy pursuant to subsection 1, a district-level administrator may choose a school within the school district at which the administrator will carry out the [requirements] provisions of this section.
3. [An] If the board of trustees of a school district adopts a policy pursuant to subsection 1, an administrator who provides instruction pursuant to paragraph (a) of subsection 1 must be assigned as a substitute teacher for the full instructional day in which the administrator carries out the [requirements] provisions of this section.
4. The provisions of this section do not apply to administrators who are employed by a school district to provide administrative service at the school level, including, without limitation, a principal or vice principal.
5. As used in this section, core academic subject means the core academic subjects designated pursuant to NRS 389.018.
Sec. 22. NRS 391.298 is hereby amended to read as follows:
391.298 If the board of trustees of a school district or the superintendent of schools of a school district schedules a day or days for the professional development of teachers or administrators employed by the school district:
κ2011 Statutes of Nevada, Page 3501 (CHAPTER 509, SB 365)κ
1. The primary focus of that scheduled professional development must be to improve the achievement of the pupils enrolled in the school district, as set forth in the:
(a) [Plan to improve the achievement of pupils enrolled in the school district prepared pursuant to NRS 385.348;
(b)] Plan to improve the achievement of pupils prepared pursuant to NRS 385.357;
[(c)] (b) Turnaround plan for the school implemented pursuant to NRS 385.37603; or
[(d)] (c) Plan for restructuring the school implemented pursuant to NRS 385.37607,
Κ as applicable.
2. The scheduled professional development must be structured so that teachers attend professional development that is designed for the specific subject areas or grades taught by those teachers.
Sec. 23. NRS 391.540 is hereby amended to read as follows:
391.540 1. The governing body of each regional training program shall:
(a) Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.
(b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.
(c) In making the assessment required by paragraph (b) [, review the plans to improve the achievement of pupils prepared pursuant to NRS 385.348 by the school districts within the primary jurisdiction of the regional training program] and [,] as deemed necessary by the governing body, review the:
(1) Plans to improve the achievement of pupils prepared pursuant to NRS 385.357;
(2) Turnaround plans for schools implemented pursuant to NRS 385.37603; and
(3) Plans for restructuring schools implemented pursuant to NRS 385.37607,
Κ for individual schools within the primary jurisdiction of the regional training program.
(d) Prepare a 5-year plan for the regional training program, which includes, without limitation:
(1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and
(2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan.
κ2011 Statutes of Nevada, Page 3502 (CHAPTER 509, SB 365)κ
(e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.
2. The Department, the Nevada System of Higher Education and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.
Secs. 24-36. (Deleted by amendment.)
Sec. 36.3. Section 3 of chapter 311, Statutes of Nevada 2009, at page 1332, is hereby amended to read as follows:
Sec. 3. 1. The board of trustees of each school district which includes at least one middle school or junior high school with an enrollment of 500 pupils or more shall adopt a [policy for each of those middle schools and junior high schools] pilot program to provide a program of small learning communities for pupils enrolled in the grade level at which those middle schools or junior high schools initially enroll pupils. The [policy] pilot program must be implemented in at least 50 percent of the middle schools and junior high schools in the school district with an enrollment of 500 pupils or more and must require:
(a) Where practicable, the designation of a separate area geographically within the middle school or junior high school where the pupils enrolled in their initial year at the middle school or junior high school attend classes;
(b) The collection and maintenance of information relating to pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, credits earned, attendance, truancy and indicators that a pupil may be at risk of dropping out of middle school or junior high school;
(c) Based upon the information collected pursuant to paragraph (b), the timely identification of any special needs of a pupil enrolled in his initial year at the middle school or junior high school, including, without limitation, any need for programs of remedial study for a particular subject area and appropriate counseling;
(d) Methods to increase the involvement of parents and legal guardians of pupils enrolled in their initial year in a middle school or junior high school in the education of their children; and
(e) The assignment of:
κ2011 Statutes of Nevada, Page 3503 (CHAPTER 509, SB 365)κ
(1) Guidance counselors;
(2) At least one licensed school administrator or his designee; and
(3) Appropriate adult mentors,
Κ specifically for the pupils enrolled in their initial year at the middle school or junior high school.
2. The principal of [each] a middle school or junior high school in which 500 pupils or more are enrolled and which the board of trustees of the school district has designated to participate in the pilot program adopted pursuant to subsection 1 shall:
(a) Carry out a program of small learning communities in accordance with the [policy prescribed by the board of trustees pursuant to subsection 1;] pilot program; and
(b) Submit an annual report, on a date prescribed by the board of trustees, that sets forth the specific strategies, programs and methods which are used to focus on the pupils enrolled in their initial year at the middle school or junior high school, including, without limitation, the program of mentoring provided pursuant to section 5 of this act.
Sec. 36.5. Section 7 of chapter 311, Statutes of Nevada 2009, at page 1334, is hereby amended to read as follows:
Sec. 7. 1. The board of trustees of each school district shall adopt the policy required by section 2 of this act not later than January 1, 2013, for implementation beginning with the 2013-2014 School Year. On or before June 1, 2012, the board of trustees of each school district shall provide a report to the Superintendent of Public Instruction on the status of the adoption of the policy required by section 2 of this act, including, without limitation, a plan for the implementation of that policy beginning with the 2013-2014 School Year. On or before July 1, 2012, the Superintendent of Public Instruction shall compile the reports and provide a report of the compilation to the Legislative Committee on Education.
2. The board of trustees of each school district which includes at least one middle school or junior high school with an enrollment of 500 pupils or more shall adopt the pilot program required by section 3 of this act not later than January 1, 2013, for implementation beginning with the 2013-2014 School Year. On or before June 1, 2012, the board of trustees of each such school district shall provide a report to the Superintendent of Public Instruction on the status of the adoption of the pilot program required by section 3 of this act, including, without limitation, a plan for the implementation of the pilot program beginning with the 2013-2014 School Year. On or before July 1, 2012, the Superintendent of Public Instruction shall compile the reports and provide a report of the compilation to the Legislative Committee on Education.
3. The board of trustees of each school district shall adopt the policies required by sections [2, 3,] 5 and 6 of this act not later than January 1, 2011, for implementation beginning with the 2011-2012 School Year.
κ2011 Statutes of Nevada, Page 3504 (CHAPTER 509, SB 365)κ
[2.] 4. On or before June 1, 2010, the board of trustees of each school district shall provide a report to the Superintendent of Public Instruction on the status of the adoption of the policies required by sections [2, 3,] 5 and 6 of this act, including, without limitation, a plan for implementation of those policies beginning with the 2011-2012 School Year. On or before July 1, 2010, the Superintendent of Public Instruction shall compile the reports and provide a report of the compilation to the Legislative Committee on Education.
Sec. 36.7. Section 8 of chapter 311, Statutes of Nevada 2009, at page 1334, is hereby amended to read as follows:
Sec. 8. 1. This section and section 7 of this act become effective on July 1, 2009.
2. Sections [2 to] 4, 5 and 6 [, inclusive,] of this act become effective on July 1, 2009, for the purpose of adopting the policies required by sections [2, 3,] 5 and 6 of this act and on July 1, 2011, for all other purposes.
3. Section 2 of this act becomes effective on July 1, 2009, for the purpose of adopting the policy required by that section and on July 1, 2013, for all other purposes.
4. Section 3 of this act becomes effective on July 1, 2011, for the purposes of adopting the pilot program required by that section and on July 1, 2013, for all other purposes.
Sec. 37. NRS 385.348 is hereby repealed.
Sec. 37.5. (Deleted by amendment.)
Sec. 38. 1. This section and section 36.7 of this act become effective upon passage and approval.
2. Sections 1 to 21, inclusive, 21.5 to 36.5, inclusive, and 37 of this act become effective on July 1, 2011.
3. Section 21.3 of this act becomes effective on July 1, 2011, for the purpose of adopting the pilot program required by that section and on July 1, 2013, for all other purposes.
________
κ2011 Statutes of Nevada, Page 3505κ
Assembly Bill No. 410Assemblymen Goedhart, Sherwood; Goicoechea, Grady, Hambrick, Hansen, Hardy, Hickey, Kirner, Kite, Livermore and Stewart
Joint Sponsors: Senators Rhoads and Settelmeyer
CHAPTER 510
[Approved: June 17, 2011]
AN ACT relating to water; requiring that protests against the granting of certain applications relating to water rights by a government, governmental agency or political subdivision of a government be verified or signed by the person in charge of the government, agency or political subdivision; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, any interested person, including a governmental entity, is authorized to file a written protest with the State Engineer against the granting of an application for a permit to appropriate water or to change the place of diversion, the manner of use or the place of use of water already appropriated. (NRS 533.010, 533.325, 533.365) In addition, any person, including a governmental entity, who may be adversely affected by a project for the recharge, storage and recovery of water is authorized under existing law to file a written protest with the State Engineer against the granting of an application for a permit to operate the project. (NRS 534.014, 534.250, 534.270)
This bill requires that any protest which is filed by a government, governmental agency or political subdivision against the granting of an application for a permit to change the place of diversion, the manner of use or the place of use of water already appropriated within the same basin or for a permit to operate a project for the recharge, storage and recovery of water be verified or signed by the director, administrator, chief, head or other person in charge of that government, governmental agency or political subdivision. However, this bill does not change the requirements under existing law for a protest by a government, governmental agency or political subdivision against the granting of an application for a permit to appropriate water or an application that involves an interbasin transfer of groundwater. (NRS 533.365)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.365 is hereby amended to read as follows:
533.365 1. Any person interested may, within 30 days after the date of last publication of the notice of application, file with the State Engineer a written protest against the granting of the application, setting forth with reasonable certainty the grounds of such protest, which , except as otherwise provided in subsection 2, must be verified by the affidavit of the protestant, or an agent or attorney thereof.
2. If the application is for a permit to change the place of diversion, manner of use or place of use of water already appropriated within the same basin, a protest filed against the granting of such an application by a government, governmental agency or political subdivision of a government must be verified by the affidavit of:
κ2011 Statutes of Nevada, Page 3506 (CHAPTER 510, AB 410)κ
same basin, a protest filed against the granting of such an application by a government, governmental agency or political subdivision of a government must be verified by the affidavit of:
(a) Except as otherwise provided in paragraph (b), the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision; or
(b) If the governmental agency or political subdivision is a division or other part of a department, the director or other person in charge of that department in this State, including, without limitation:
(1) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;
(2) The State Director of the Nevada State Office of the Bureau of Land Management, if the protest is filed by the Bureau of Land Management;
(3) The Regional Director of the Pacific Southwest Region, if the protest is filed by the United States Fish and Wildlife Service;
(4) The Regional Director of the Pacific West Region, if the protest is filed by the National Park Service;
(5) The Director of the State Department of Conservation and Natural Resources, if the protest is filed by any division of that Department; or
(6) The chair of the board of county commissioners, if the protest is filed by a county.
3. On receipt of a protest [,] that complies with the requirements of subsection 1 or 2, the State Engineer shall advise the applicant whose application has been protested of the fact that the protest has been filed with the State Engineer, which advice must be sent by certified mail.
[3.] 4. The State Engineer shall consider the protest, and may, in his or her discretion, hold hearings and require the filing of such evidence as the State Engineer may deem necessary to a full understanding of the rights involved. The State Engineer shall give notice of the hearing by certified mail to both the applicant and the protestant. The notice must state the time and place at which the hearing is to be held and must be mailed at least 15 days before the date set for the hearing.
[4.] 5. Each applicant and each protestant shall, in accordance with a schedule established by the State Engineer, provide to the State Engineer and to each protestant and each applicant information required by the State Engineer relating to the application or protest.
[5.] 6. If the State Engineer holds a hearing pursuant to subsection [3,] 4, the State Engineer shall render a decision on each application not later than 240 days after the later of:
(a) The date all transcripts of the hearing become available to the State Engineer; or
(b) The date specified by the State Engineer for the filing of any additional information, evidence, studies or compilations requested by the State Engineer. The State Engineer may, for good cause shown, extend any applicable period.
[6.] 7. The State Engineer shall adopt rules of practice regarding the conduct of a hearing held pursuant to subsection [3.] 4. The rules of practice must be adopted in accordance with the provisions of NRS 233B.040 to 233B.120, inclusive, and codified in the Nevada Administrative Code. The technical rules of evidence do not apply at such a hearing.
κ2011 Statutes of Nevada, Page 3507 (CHAPTER 510, AB 410)κ
[7.] 8. The provisions of this section do not prohibit the noticing of a new period of 45 days in which a person may file with the State Engineer a written protest against the granting of the application, if such notification is required to be given pursuant to subsection 8 of NRS 533.370.
Sec. 2. NRS 534.270 is hereby amended to read as follows:
534.270 1. Upon receipt of an application for a permit to operate a project, the State Engineer shall endorse on the application the date it was received and keep a record of the application. The State Engineer shall conduct an initial review of the application within 45 days after receipt of the application. If the State Engineer determines in the initial review that the application is incomplete, the State Engineer shall notify the applicant. The application is incomplete until the applicant files all the information requested in the application. The State Engineer shall determine whether the application is correct within 180 days after receipt of a complete application. The State Engineer may request additional information from the applicant. The State Engineer may conduct such independent investigations as are necessary to determine whether the application should be approved or rejected.
2. If the application is determined to be complete and correct, the State Engineer, within 30 days after such a determination or a longer period if requested by the applicant, shall cause notice of the application to be given once each week for 2 consecutive weeks in a newspaper of general circulation in the county or counties in which persons reside who could reasonably be expected to be affected by the project. The notice must state:
(a) The legal description of the location of the proposed project;
(b) A brief description of the proposed project including its capacity;
(c) That any person who may be adversely affected by the project may file a written protest with the State Engineer within 30 days after the last publication of the notice;
(d) The date of the last publication;
(e) That the grounds for protesting the project are limited to whether the project would be in compliance with subsection 2 of NRS 534.250;
(f) The name of the applicant; and
(g) That a protest must:
(1) State the name and mailing address of the protester;
(2) Clearly set forth the reason why the permit should not be issued; and
(3) Be signed by the protester or the protesters agent or attorney [.] or, if the protester is a government, governmental agency or political subdivision of a government, be approved and signed in the manner specified in paragraph (g) of subsection 3.
3. A protest to a proposed project:
(a) May be made by any person who may be adversely affected by the project;
(b) Must be in writing;
(c) Must be filed with the State Engineer within 30 days after the last publication of the notice;
(d) Must be upon a ground listed in subsection 2 of NRS 534.250;
(e) Must state the name and mailing address of the protester;
(f) Must clearly set forth the reason why the permit should not be issued; and
κ2011 Statutes of Nevada, Page 3508 (CHAPTER 510, AB 410)κ
(g) [Must] Except as otherwise provided in this paragraph, must be signed by the protester or the protesters agent or attorney. If the protester is a government, governmental agency or political subdivision of a government, the protest must be:
(1) Except as otherwise provided in subparagraph (2), approved and signed by the director, administrator, chief, head or other person in charge of the government, governmental agency or political subdivision; or
(2) If the governmental agency or political subdivision is a division or other part of a department, approved and signed by the director or other person in charge of that department in this State, including, without limitation:
(I) The Regional Forester for the Intermountain Region, if the protest is filed by the United States Forest Service;
(II) The State Director of the Nevada State Office of the Bureau of Land Management, if the protest is filed by the Bureau of Land Management;
(III) The Regional Director of the Pacific Southwest Region, if the protest is filed by the United States Fish and Wildlife Service;
(IV) The Regional Director of the Pacific West Region, if the protest is filed by the National Park Service;
(V) The Director of the State Department of Conservation and Natural Resources, if the protest is filed by any division of that Department; or
(VI) The chair of the board of county commissioners, if the protest is filed by a county.
4. Upon receipt of a protest, the State Engineer shall advise the applicant by certified mail that a protest has been filed.
5. Upon receipt of a protest, or upon the motion of the State Engineer, the State Engineer may hold a hearing. Not less than 30 days before the hearing, the State Engineer shall send by certified mail notice of the hearing to the applicant and any person who filed a protest.
6. The State Engineer shall either approve or deny each application within 1 year after the final date for filing a protest, unless the State Engineer has received a written request from the applicant to postpone making a decision or, in the case of a protested application, from both the protester and the applicant. The State Engineer may delay action on the application pursuant to paragraph (c) of subsection 2 of NRS 533.370.
7. Any person aggrieved by any decision of the State Engineer made pursuant to subsection 6 may appeal that decision to the district court pursuant to NRS 533.450.
Sec. 3. This act becomes effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 3509κ
Assembly Bill No. 581Committee on Ways and Means
CHAPTER 511
[Approved: June 17, 2011]
AN ACT relating to public financial administration; revising provisions relating to the use of money in the Account for Foreclosure Mediation; authorizing the Court Administrator to transfer certain funds from the Account to the operating budget for the Supreme Court for the 2011-2013 biennium; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Account for Foreclosure Mediation for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule. (NRS 107.080) Section 1 of this bill authorizes money in the Account to be used for any purpose authorized by the Legislature. Section 2 of this bill authorizes the transfer of certain funds from the Account to the operating budget for the Supreme Court for the 2011-2013 biennium.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Except as otherwise provided in NRS 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;
(b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment;
κ2011 Statutes of Nevada, Page 3510 (CHAPTER 511, AB 581)κ
(c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation; and
(d) Not less than 3 months have elapsed after the recording of the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:
(a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and
(b) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
(b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold;
(c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated; and
(d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if:
κ2011 Statutes of Nevada, Page 3511 (CHAPTER 511, AB 581)κ
(a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;
(b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and
(c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.
6. If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.
7. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
8. After a sale of property is conducted pursuant to this section, the trustee shall:
(a) Within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of the county in which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustees deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustees deed upon sale in the office of the county recorder of the county in which the property is located.
9. If the successful bidder fails to record the trustees deed upon sale pursuant to paragraph (b) of subsection 8, the successful bidder:
(a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorneys fees and the costs of bringing the action; and
(b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 8 and for reasonable attorneys fees and the costs of bringing the action.
10. The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $50 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended [only] for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule [.] or for any other purpose authorized by the Legislature.
Κ The fees collected pursuant to this subsection must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account as prescribed pursuant to this subsection.
κ2011 Statutes of Nevada, Page 3512 (CHAPTER 511, AB 581)κ
the Account as prescribed pursuant to this subsection. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in this subsection.
11. The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 10.
12. As used in this section, residential foreclosure means the sale of a single family residence under a power of sale granted by this section. As used in this subsection, single family residence:
(a) Means a structure that is comprised of not more than four units.
(b) Does not include any time share or other property regulated under chapter 119A of NRS.
Sec. 2. The Court Administrator may transfer from the Account for Foreclosure Mediation created pursuant to paragraph (b) of subsection 10 of NRS 107.080, as amended by this act, to the operating budget for the Supreme Court not more than $300,000 in Fiscal Year 2011-2012 and not more than $300,000 in Fiscal Year 2012-2013, the funds being hereby authorized for expenditure by the Supreme Court.
Sec. 3. 1. This act becomes effective on July 1, 2011.
2. The amendatory provisions of section 1 of this act expire by limitation on June 30, 2013.
________
κ2011 Statutes of Nevada, Page 3513κ
Senate Bill No. 249Senators Parks; Denis and Manendo
Joint Sponsor: Assemblyman Anderson
CHAPTER 512
[Approved: June 17, 2011]
AN ACT relating to the taxation of property; revising the provisions governing the administration of certain exemptions from taxation, the determination of the taxable value of the community units of a common-interest community, the conversion of mobile or manufactured homes from real to personal property, the issuance of certain notices by the county assessor and county treasurer, the payment of taxes on personal property in installments, and the determination of when an overpayment of taxes on personal property will not be refunded or a deficiency in the payment of such taxes will be exempted from collection; postponing the prospective expiration of certain provisions for the funding of accounts for the acquisition and improvement of technology in the offices of county assessors and revising the authorized uses of such accounts; repealing certain requirements relating to the minimum valuation of certain land; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides various exemptions from property taxes for surviving spouses, persons who are blind and veterans, if the persons claiming the exemptions are bona fide residents of this State, and requires the county assessors to mail annually to each person who claims such an exemption a form for the renewal of the exemption. (NRS 361.080, 361.085, 361.090, 361.091) Section 1 of this bill clarifies that these tax exemptions do not apply to a person who holds an identification card indicating that the person is only a seasonal resident of this State, unless the person has actually resided in Nevada for at least 6 months. Sections 2-5 of this bill authorize the county assessors to provide, upon request, the forms for renewal by electronic means and to authorize the return of those forms by electronic means.
Under existing law, the taxable value of the common elements of a common-interest community must be allocated on an equal basis to each of the community units of that common-interest community. (NRS 361.233) Section 6 of this bill instead requires, under certain conditions, the allocation of that taxable value to the community units in accordance with a formula for allocation set forth in the declaration creating the common-interest community or, if there is no such declaration, in the recorded deeds for the community units.
Under existing law, a mobile or manufactured home may not be converted from real to personal property and removed from the real property to which it is affixed unless the county assessor certifies that the current taxes on that home and real property have been paid. (NRS 361.2445) Section 7 of this bill instead requires this certification from the county tax receiver.
Existing law requires each board of county commissioners to pass a resolution during each fiscal year which directs the county assessor to prepare a secured tax roll of taxable property in the county. The resolution must further direct the county assessor to mail a copy of the secured tax roll to each taxpayer in the county or publish the secured tax roll in a newspaper of general circulation in the county. Existing law also requires the county assessor to issue certain notices indicating that the secured tax roll is complete and available for inspection. (NRS 361.300) Section 9.5 of this bill requires the county assessor to, pursuant to a resolution adopted by the board of county commissioners, additionally post the secured tax roll in certain public areas, post the secured tax roll at the office of the county assessor and publish the secured tax roll on an Internet website maintained by the county assessor or the county.
κ2011 Statutes of Nevada, Page 3514 (CHAPTER 512, SB 249)κ
board of county commissioners, additionally post the secured tax roll in certain public areas, post the secured tax roll at the office of the county assessor and publish the secured tax roll on an Internet website maintained by the county assessor or the county. In addition, section 9.5 requires that notices to the effect that the secured tax roll is complete and open for inspection also indicate the locations at which the secured tax roll is available for inspection.
Existing law requires a county tax receiver to publish certain notices of delinquent taxes in a newspaper of general circulation in the county or, if no such newspaper exists, in at least five conspicuous places in the county. (NRS 361.565) Section 11.5 of this bill requires the county tax receiver to additionally publish such notices of delinquency on an Internet website maintained by the county treasurer or the county.
Existing law authorizes a taxpayer, upon request, to pay the personal property taxes imposed on the property of a business in installments if the total taxes exceed $10,000 and certain other conditions are met. (NRS 361.483) Section 10 of this bill revises this authorization to include the taxes imposed on personal property which is not the property of a business, to require the total amount of taxes to exceed $5,000 and to allow the installment payments only if the pertinent tax bill is issued on or before September 15.
Under existing law, an overpayment of personal property taxes in an amount which is less than the average cost of collecting taxes in this State must be paid into the county general fund unless the taxpayer requests a refund within 6 months, and a deficiency in the payment of personal property taxes must be exempted from collection efforts if the deficiency is less than that average cost of collecting taxes. (NRS 361.485) Section 11 of this bill requires, when calculating the amount paid to determine the existence and amount of such an overpayment or deficiency, the inclusion of the amount of any applicable penalties paid and the amount of any applicable partial abatements of taxes.
Existing law provides various exemptions from the governmental services taxes otherwise due on vehicles of surviving spouses, persons who are blind and veterans and requires the county assessors to mail annually to each person who claims such an exemption a form for the renewal of the exemption. (NRS 371.101, 371.102, 371.103, 371.104) Sections 12-15 of this bill authorize the county assessors to provide, upon request, the forms for renewal by electronic means.
Under existing law, 2 percent of the property taxes collected for each county on personal property and the net proceeds of mines must be deposited into an account for the acquisition and improvement of technology in the office of the county assessor. (NRS 361.530, 362.170) Section 16 of this bill provides for the continuation of this funding during the next biennium by postponing its prospective expiration until June 30, 2013. Section 15.5 of this bill revises the authorized uses of the money in such an account.
Existing law requires persons who desire to claim a property tax exemption for personal property which is in transit through this State to make their claims in the form and manner prescribed by the regulations of the Department of Taxation. (NRS 361.170) Existing law also requires county assessors to assess all patented land and land held under a state land contract at a minimum rate of $1.25 per acre and requires county assessors to pay the difference between that amount and the amount of any lower assessments of that land. (NRS 361.230) Section 17 of this bill repeals these requirements.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.015 is hereby amended to read as follows:
361.015 Bona fide resident means a person who [has:
κ2011 Statutes of Nevada, Page 3515 (CHAPTER 512, SB 249)κ
1. Established] :
1. Has established a residence in the State of Nevada; and
2. [Actually] Has:
(a) Actually resided in this state for at least 6 months ; or [has a]
(b) A valid drivers license or identification card issued by the Department of Motor Vehicles of this state [.] , other than such an identification card which indicates that the person is a seasonal resident.
Sec. 2. NRS 361.080 is hereby amended to read as follows:
361.080 1. The property of surviving spouses, not to exceed the amount of $1,000 assessed valuation, is exempt from taxation, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State to the same family.
2. For the purpose of this section, property in which the surviving spouse has any interest shall be deemed the property of the surviving spouse.
3. The person claiming such an exemption must file with the county assessor an affidavit declaring that the person is a bona fide resident of this State and that the exemption has been claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
4. A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.
5. If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
6. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
Sec. 3. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property of each person who is blind, not to exceed the amount of $3,000 of assessed valuation, is exempt from taxation, including community property to the extent only of the interest therein of the person who is blind, but no such exemption may be allowed to anyone but a bona fide resident of this State, and must be allowed in but one county in this State on account of the same person.
2. The person claiming such an exemption must file with the county assessor an affidavit declaring that the person is a bona fide resident of the State of Nevada who meets all the other requirements for the exemption and that the exemption is not claimed in any other county in this State. The affidavit must be made before the county assessor or a notary public.
κ2011 Statutes of Nevada, Page 3516 (CHAPTER 512, SB 249)κ
affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
3. Upon first claiming the exemption in a county the claimant shall furnish to the assessor a certificate of a licensed physician setting forth that the physician has examined the claimant and has found him or her to be a person who is blind.
4. If any person files a false affidavit or provides false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
5. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
6. As used in this section, person who is blind includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 4. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 continuous days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or
(c) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,
Κ and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
κ2011 Statutes of Nevada, Page 3517 (CHAPTER 512, SB 249)κ
2. For the purpose of this section, the first $2,000 assessed valuation of property in which an applicant has any interest shall be deemed the property of the applicant.
3. The exemption may be allowed only to a claimant who files an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county in this State. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
5. Persons in actual military service are exempt during the period of such service from filing the annual forms for renewal of the exemption, and the county assessors shall continue to grant the exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
8. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
Sec. 5. NRS 361.091 is hereby amended to read as follows:
361.091 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to an exemption.
κ2011 Statutes of Nevada, Page 3518 (CHAPTER 512, SB 249)κ
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.
Κ For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has filed an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada, that the affiant meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require the applicant to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his or her permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his or her permanent service-connected disability; or
(c) A certificate from the Department of Veterans Affairs or any other military document which shows that he or she has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the veteran who incurred a permanent service-connected disability for the 5 years preceding his or her death;
κ2011 Statutes of Nevada, Page 3519 (CHAPTER 512, SB 249)κ
(b) The veteran was eligible for the exemption at the time of his or her death or would have been eligible if the veteran had been a resident of the State of Nevada;
(c) The surviving spouse has not remarried; and
(d) The surviving spouse is a bona fide resident of the State of Nevada.
Κ The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.
7. If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.
8. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
9. If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.
10. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.
Sec. 6. NRS 361.233 is hereby amended to read as follows:
361.233 1. Notwithstanding any other provision of law:
(a) Any ad valorem taxes or special assessments assessed upon any real property within a common-interest community:
(1) Must be assessed upon the community units and not upon the common-interest community as a whole; and
(2) Must not be assessed upon any common elements of the common-interest community.
(b) [The] Except as otherwise provided in subsection 2, the taxable value of each parcel:
(1) Composed solely of a community unit must consist of:
(I) The taxable value of that community unit; and
(II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community; or
(2) Composed of a community unit and any portion of the common elements of the common-interest community must consist of:
κ2011 Statutes of Nevada, Page 3520 (CHAPTER 512, SB 249)κ
(I) The taxable value of that community unit only; and
(II) A percentage of the taxable value of all the common elements of that common-interest community which is equal to 1 divided by the total number of community units in that common-interest community.
2. If the declaration for a common-interest community or, in the absence of such a declaration, the recorded deeds for the community units of a common-interest community:
(a) Provide for the allocation to the community units of, except for any minor variations because of rounding, all the interests in the common elements of the common-interest community; or
(b) Do not provide for the allocation described in paragraph (a) but provide for the allocation to the community units of, except for any minor variations because of rounding, all the liabilities for the common expenses of the common-interest community,
Κ and the formula for allocation provided in the declaration or deeds differs from the formula for allocation set forth in sub-subparagraph (II) of subparagraph (1) of paragraph (b) of subsection 1 and sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, those sub-subparagraphs do not apply to the common-interest community, and the taxable value of the common elements of the common-interest community must be allocated to the community units in accordance with the formula for allocation provided in the declaration or deeds.
3. The Nevada Tax Commission shall adopt such regulations as it determines to be appropriate to ensure that this section is carried out in a uniform and equal manner that does not result in the double taxation of any common elements of a common-interest community.
[3.] 4. For the purposes of this section:
(a) Ad valorem tax means an ad valorem tax levied by any governmental entity or political subdivision in this State on or after July 1, 2006.
(b) Common elements means the physical portion of a common-interest community, including, without limitation, any landscaping, swimming pools, fitness centers, community centers, maintenance and service areas, parking areas, hallways, elevators and mechanical rooms, which is:
(1) Intended for the general benefit of and potential use by all the owners of the community units and their invitees; and
(2) Owned:
(I) By the community association;
(II) By any person on behalf or for the benefit of the owners of the community units; or
(III) Jointly by the owners of the community units.
(c) Common-interest community means real property with respect to which a person, by virtue of his or her ownership of a community unit, is obligated to pay for any real property other than that unit. The term includes a common-interest community governed by the provisions of chapter 116 of NRS, a condominium hotel governed by the provisions of chapter 116B of NRS, a condominium project governed by the provisions of chapter 117 of NRS and any time-share project, planned unit development or other real property which is organized as a common-interest community in this State.
(d) Community association means an association whose membership:
κ2011 Statutes of Nevada, Page 3521 (CHAPTER 512, SB 249)κ
(1) Consists exclusively of the owners of the community units or their elected or appointed representatives; and
(2) Is a required condition of the ownership of a community unit.
(e) Community unit means a physical portion of a common-interest community, other than the common elements, which is:
(1) Designated for separate ownership or occupancy; and
(2) Intended for:
(I) Residential use by the owner of that unit and his or her invitees; or
(II) Commercial use by the owner of that unit for the generation of revenue from any persons other than the owners of community units in that common-interest community and their invitees.
(f) Declaration means any instrument, however denominated, that creates a common-interest community, including any amendment to an instrument.
(g) Special assessment means a special assessment levied by any governmental entity or political subdivision in this State on or after July 1, 2006.
Sec. 7. NRS 361.2445 is hereby amended to read as follows:
361.2445 1. A mobile or manufactured home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile or manufactured home:
(a) The owner:
(1) Files with the Division an affidavit stating that the sole purpose for converting the mobile or manufactured home from real to personal property is to effect a transfer of the title to the mobile or manufactured home;
(2) Files with the Division the affidavit of consent to the removal of the mobile or manufactured home of each person who holds any legal interest in the real property to which the mobile or manufactured home is affixed; and
(3) Gives written notice to the county assessor of the county in which the real property is situated; and
(b) The county [assessor] tax receiver certifies in writing that all taxes for the fiscal year on the mobile or manufactured home and the real property to which the mobile or manufactured home is affixed have been paid.
2. The county assessor shall not remove a mobile or manufactured home from the tax rolls until:
(a) The county assessor has received verification that there is no security interest in the mobile or manufactured home or the holders of security interests have agreed in writing to the conversion of the mobile or manufactured home to personal property; and
(b) An affidavit of conversion of the mobile or manufactured home from real to personal property has been recorded in the county recorders office of the county in which the real property to which the mobile or manufactured home was affixed is situated.
3. A mobile or manufactured home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.
4. The Department shall adopt:
κ2011 Statutes of Nevada, Page 3522 (CHAPTER 512, SB 249)κ
(a) Such regulations as are necessary to carry out the provisions of this section; and
(b) A standard form for the affidavits required by this section.
5. Before the owner of a mobile or manufactured home that has been converted to personal property pursuant to this section may transfer ownership of the mobile or manufactured home, he or she must obtain a certificate of ownership from the Division.
6. For the purposes of this section, the removal of a mobile or manufactured home from real property includes the detachment of the mobile or manufactured home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile or manufactured home or the foundation.
7. An owner who physically removes a mobile or manufactured home from real property in violation of this section is liable for all legal costs and fees, plus the actual expenses, incurred by a person who holds any interest in the real property to restore the real property to its former condition. Any judgment obtained pursuant to this section may be recorded as a lien upon the mobile or manufactured home so removed.
8. As used in this section:
(a) Division means the Manufactured Housing Division of the Department of Business and Industry.
(b) Owner means any person who holds an interest in the mobile or manufactured home or the real property to which the mobile or manufactured home is affixed evidenced by a conveyance or other instrument which transfers that interest to him or her and is recorded in the office of the county recorder of the county in which the mobile or manufactured home and real property are situated, but does not include the owner or holder of a right-of-way, easement or subsurface property right appurtenant to the real property.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 9.5. NRS 361.300 is hereby amended to read as follows:
361.300 1. On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county. A notice issued pursuant to this subsection must include a statement that the secured tax roll is available for inspection as specified in paragraph (b) of subsection 3. The statement published in the newspaper must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.
2. If the county assessor fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow the county assessor a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.
3. Except as otherwise provided in subsection 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:
κ2011 Statutes of Nevada, Page 3523 (CHAPTER 512, SB 249)κ
(a) To cause such list and valuations to be [printed] :
(1) Printed and delivered by the county assessor or mailed by him or her on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or
[(b) To cause such list and valuations to be published]
(2) Published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county [.
Κ In addition to complying with paragraph (a) or (b), the list and valuations may also be posted;] ; and
(b) To cause such list and valuations to be:
(1) Posted in a public area of the public libraries and branch libraries located in the county [, in a public area of the county courthouse and the county office building in which the county assessors office is located,] ;
(2) Posted at the office of the county assessor; and
(3) Published on [a] an Internet website [or other Internet site that is operated or administered by or on behalf of the county or] that is maintained by the county assessor [.] or, if the county assessor does not maintain an Internet website, on an Internet website that is maintained by the county.
4. A board of county commissioners may, in the resolution required by subsection 3, authorize the county assessor not to deliver or mail the list, as provided in subparagraph (1) of paragraph (a) of subsection 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his or her assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.
5. The several boards of county commissioners in the State may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.
6. Whenever:
(a) Any property on the secured tax roll is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before December 18 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating the assessed valuation of the property as determined from the appraisal or reappraisal. A notice issued pursuant to this paragraph must include a statement that the secured tax roll is available for inspection as specified in paragraph (b) of subsection 3. If such a statement is published in a newspaper, the statement must be displayed in the format used for advertisements and printed in at least 10-point bold type or font.
(b) Any personal property billed on the unsecured tax roll is appraised or reappraised pursuant to NRS 361.260, the delivery or mailing to the owner of such property of an individual tax bill or individual tax notice for the property shall be deemed to constitute adequate notice to the owner of the assessed valuation of the property as determined from the appraisal or reappraisal.
7. If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include:
(a) The information set forth in subsection 6 for the new assessed valuation.
(b) The dates for appealing the new assessed valuation.
κ2011 Statutes of Nevada, Page 3524 (CHAPTER 512, SB 249)κ
8. Failure by the taxpayer to receive a notice required by this section does not invalidate the appraisal or reappraisal.
9. In addition to complying with subsections 6 and 7, a county assessor shall:
(a) Provide without charge a copy of a notice of assessed valuation to the owner of the property upon request.
(b) Post the information included in a notice of assessed valuation on a website or other Internet site, if any, that is operated or administered by or on behalf of the county or the county assessor.
Sec. 10. NRS 361.483 is hereby amended to read as follows:
361.483 1. Except as otherwise provided in [subsection 6] this section and NRS 361.736 to 361.7398, inclusive, taxes assessed upon the real property tax roll and upon mobile or manufactured homes are due on the third Monday of August.
2. Taxes assessed upon the real property tax roll may be paid in four approximately equal installments if the taxes assessed on the parcel exceed $100.
3. Except as otherwise provided in this section, taxes assessed upon a mobile or manufactured home may be paid in four installments if the taxes assessed exceed $100.
4. If a taxpayer owns at least 25 mobile or manufactured homes in a county that are leased for commercial purposes, and those mobile or manufactured homes have not been converted to real property pursuant to NRS 361.244, taxes assessed upon those homes may be paid in four installments if, not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265.
5. Except as otherwise provided in this section and NRS 361.505, taxes assessed upon personal property may be paid in four approximately equal installments if:
(a) The total personal property taxes assessed exceed [$10,000;] $5,000;
(b) Not later than July 31, the taxpayer returns to the county assessor the written statement of personal property required pursuant to NRS 361.265;
(c) The taxpayer files with the county assessor, or county treasurer if the county treasurer has been designated to collect taxes, a written request to be billed in [quarterly] installments and includes with the request a copy of the written statement of personal property required pursuant to NRS 361.265; [and]
(d) The owner of the personal property assessed [is the property of a business and the business] has paid [its] all the personal property taxes assessed on the property without accruing penalties for the immediately preceding 2 fiscal years in any county in the State [.] ; and
(e) Not later than September 15, the county tax receiver issues to the taxpayer an individual tax bill for the personal property which itemizes the dates on which the installments are due. If that tax bill is issued on or after August 1 and on or before September 15, the first two installments are due on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
6. [If] Except as otherwise provided in subsection 5, if a person elects to pay in installments, the first installment is due on the third Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
κ2011 Statutes of Nevada, Page 3525 (CHAPTER 512, SB 249)κ
August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.
7. If any person charged with taxes which are a lien on real property fails to pay:
(a) Any one installment of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.
(b) Any two installments of the taxes, together with accumulated penalties, on or within 10 days following the day the later installment of taxes becomes due, there must be added thereto a penalty of 5 percent of the two installments due.
(c) Any three installments of the taxes, together with accumulated penalties, on or within 10 days following the day the latest installment of taxes becomes due, there must be added thereto a penalty of 6 percent of the three installments due.
(d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.
8. Any person charged with taxes which are a lien on a mobile or manufactured home who fails to pay the taxes within 10 days after an installment payment is due is subject to the following provisions:
(a) A penalty of 10 percent of the taxes due; and
(b) The county assessor may proceed under NRS 361.535.
9. If any property tax postponed pursuant to NRS 361.736 to 361.7398, inclusive, becomes due and payable and the person charged with that tax fails to make the required payment within 10 days after it becomes due, there must be added thereto a penalty of 7 percent of the amount of the tax that is due. If the required payment is not paid within 30 days after it becomes due, there must be added thereto all penalties and interest that would have accrued had the property tax not been postponed pursuant to NRS 361.736 to 361.7398, inclusive.
10. The ex officio tax receiver of a county shall notify each person in the county who is subject to a penalty pursuant to this section of the provisions of NRS 360.419 and 361.4835.
Sec. 11. NRS 361.485 is hereby amended to read as follows:
361.485 1. Whenever any tax is paid to the ex officio tax receiver, he or she shall appropriately record the payment and the date thereof on the tax roll contiguously with the name of the person or the description of the property liable for the taxes, and shall give a receipt for the payment if requested by the taxpayer.
2. If the assessment roll is maintained on magnetic storage files in a computer system, the requirement of subsection 1 is met if the system is capable of producing, as printed output, the assessment roll with the dates of payments shown opposite the name of the person or the description of the property liable for the taxes.
3. If the amount of taxes and penalties paid on personal property [:] , together with the amount of any partial abatements of those taxes to which the taxpayer may be entitled:
(a) Results in an overpayment that is less than the average cost of collecting property taxes in this State as determined by the Nevada Tax Commission, the ex officio tax receiver shall pay the amount of the overpayment into the county treasury for the benefit of the general fund of the county, unless the taxpayer who made the overpayment requests a refund within 6 months after the original payment.
κ2011 Statutes of Nevada, Page 3526 (CHAPTER 512, SB 249)κ
the county, unless the taxpayer who made the overpayment requests a refund within 6 months after the original payment. All interest paid on money deposited in the county treasury pursuant to this paragraph is the property of the county.
(b) Results in a deficiency, the amount of the deficiency, other than a payment for a penalty, must be exempted from collection if the amount of the deficiency is less than the average cost of collecting property taxes in this State as determined by the Nevada Tax Commission.
4. If the amount of taxes paid on real property:
(a) Results in an overpayment that does not exceed the amount due by more than $5, the ex officio tax receiver shall pay the amount of the overpayment into the county treasury for the benefit of the general fund of the county, unless the taxpayer who made the overpayment requests a refund within 6 months after the original payment. All interest paid on money deposited in the county treasury pursuant to this paragraph is the property of the county.
(b) Results in a deficiency that is $5 or less than the amount due, the ex officio tax receiver may exempt the amount of the deficiency from collection.
Sec. 11.5. NRS 361.565 is hereby amended to read as follows:
361.565 1. Except as otherwise provided in subsection 3, if the tax remains delinquent 30 days after the first Monday in April of each year, the tax receiver of the county shall cause notice of the delinquency to be published [at] :
(a) At least once in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300. If there is no newspaper in the county, the notice must be posted in at least five conspicuous places within the county.
(b) On an Internet website that is maintained by the county treasurer or, if the county treasurer does not maintain an Internet website, on an Internet website maintained by the county.
2. The cost of publication in each case must be charged to the delinquent taxpayer, and is not a charge against the State or county. The publication must be made at not more than legal rates.
3. If the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice must be given by posting a copy of the notice in three conspicuous places within the county without publishing the notice in a newspaper.
4. The notice must contain the information required for a notice [mailed] of delinquency pursuant to subsection 2 of NRS 361.5648.
Sec. 12. NRS 371.101 is hereby amended to read as follows:
371.101 1. Vehicles registered by surviving spouses, not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but actual bona fide residents of this State, and must be filed in but one county in this State to the same family.
2. For the purpose of this section, vehicles in which the surviving spouse has any interest shall be deemed to belong entirely to that surviving spouse.
3. The person claiming the exemption shall file with the Department in the county where the exemption is claimed an affidavit declaring his or her residency and that the exemption has been claimed in no other county in this State for that year. The affidavit must be made before the county assessor or a notary public.
κ2011 Statutes of Nevada, Page 3527 (CHAPTER 512, SB 249)κ
a notary public. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
4. A surviving spouse is not entitled to the exemption provided by this section in any fiscal year beginning after any remarriage, even if the remarriage is later annulled.
5. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 13. NRS 371.102 is hereby amended to read as follows:
371.102 1. Vehicles registered by a person who is blind, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption must not be allowed to anyone but bona fide residents of this State, and must be filed in but one county in this State on account of that person.
2. The person claiming the exemption must file with the county assessor of the county where the exemption is claimed an affidavit declaring that the person is an actual bona fide resident of the State of Nevada, that he or she is a person who is blind and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in accordance with the provisions of chapter 719 of NRS.
3. Upon first claiming the exemption in a county, the claimant shall furnish to the county assessor a certificate of a physician licensed under the laws of this State setting forth that the physician has examined the claimant and has found him or her to be a person who is blind.
4. Beginning with the 2005-2006 Fiscal Year, the monetary amount in subsection 1 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
5. As used in this section, person who is blind includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20 degrees.
Sec. 14. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
κ2011 Statutes of Nevada, Page 3528 (CHAPTER 512, SB 249)κ
between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;
(c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or
(d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,
Κ and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section, the first $2,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
κ2011 Statutes of Nevada, Page 3529 (CHAPTER 512, SB 249)κ
6. If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, the person is guilty of a gross misdemeanor.
7. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 15. NRS 371.104 is hereby amended to read as follows:
371.104 1. A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veterans exemption from the payment of governmental services taxes on vehicles of the following determined valuations:
(a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.
(b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.
(c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.
2. For the purpose of this section, the first $20,000 of determined valuation of vehicles in which an applicant has any interest shall be deemed to belong entirely to that person.
3. A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this State. After the filing of the original affidavit, the county assessor shall , except as otherwise provided in this subsection, mail a form for:
(a) The renewal of the exemption; and
(b) The designation of any amount to be credited to the Gift Account for Veterans Homes established pursuant to NRS 417.145,
Κ to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
4. Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the applicants status, and for that purpose shall require production of:
(a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and
(b) Any one of the following:
(1) An honorable discharge;
(2) A certificate of satisfactory service; or
(3) A certified copy of either of these documents.
κ2011 Statutes of Nevada, Page 3530 (CHAPTER 512, SB 249)κ
5. A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:
(a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;
(b) The veteran with a disability was eligible for the exemption at the time of his or her death; and
(c) The surviving spouse has not remarried.
Κ The affidavit required by this subsection is in addition to the certification required pursuant to subsections 3 and 4. After the filing of the original affidavit required by this subsection, the county assessor shall , except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.
6. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 371.103.
7. If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.
8. Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.
Sec. 15.5. NRS 250.085 is hereby amended to read as follows:
250.085 1. The board of county commissioners of each county shall by ordinance create in the county general fund an account to be designated as the Account for the Acquisition and Improvement of Technology in the Office of the County Assessor.
2. The money in the Account:
(a) Must be accounted for separately and not as a part of any other account; and
(b) Must not be used to replace or supplant any money available from other sources to acquire technology for and improve technology used in the office of the county assessor.
3. The money in the Account must be used to acquire technology for or improve the technology used in the office of the county assessor [,] or by another entity with operational impact on the office of the county assessor, including, without limitation, the payment of costs associated with acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology. [At the discretion of the county assessor, the money may be used by other county offices that do business with the county assessor.]
4. On or before July 1 of each year, the county assessor shall submit to the board of county commissioners a report of the projected expenditures of the money in the Account for the following fiscal year. Any money remaining in the Account at the end of a fiscal year that has not been committed for expenditure reverts to the county general fund.
κ2011 Statutes of Nevada, Page 3531 (CHAPTER 512, SB 249)κ
remaining in the Account at the end of a fiscal year that has not been committed for expenditure reverts to the county general fund.
Sec. 16. Section 57 of chapter 496, Statutes of Nevada 2005, as last amended by chapter 287, Statutes of Nevada 2009, at page 1232, is hereby amended to read as follows:
Sec. 57. 1. This section and sections 52.1 to 52.8, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 22, inclusive, 24 to 28, inclusive, 42 to 52, inclusive, and 53 to 56, inclusive, of this act become effective on July 1, 2005.
3. Sections 29 to 41, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of those sections; and
(b) On July 1, 2006, for all other purposes.
4. Section 23 of this act becomes effective on July 1, [2011.] 2013.
5. Section 43 of this act expires by limitation on June 30, [2011.] 2013.
Sec. 17. NRS 361.170 and 361.230 are hereby repealed.
Sec. 18. The provisions of sections 1, 6 and 17 of this act do not apply to or affect the assessment of any taxes, the application or administration of any exemptions from taxation or the valuation of any property for any fiscal year beginning before July 1, 2012.
Sec. 19. 1. This section and sections 2 to 5, inclusive, 10, 11, 12 to 15, inclusive, and 16 of this act become effective upon passage and approval.
2. Sections 1, 6, 7, 9.5, 11.5, 15.5, 17 and 18 of this act become effective on July 1, 2011.
________
κ2011 Statutes of Nevada, Page 3532κ
Senate Bill No. 200Senator Schneider
CHAPTER 513
[Approved: June 17, 2011]
AN ACT relating to real property; restricting the disclosure of certain information about owners of time shares; requiring certain mailings to owners of time shares upon request by an owner; authorizing a notice of sale on the foreclosure of a time share to be given by posting on an Internet website under certain circumstances; revising provisions concerning the posting of a notice of default and election to sell or a notice of sale; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill requires the manager or board of an association of a time-share plan to maintain a list of owners of time shares in the plan. Section 2 also prohibits the manager or board from disclosing personal information about an owner without the prior written consent of the owner except under certain circumstances.
Section 3 of this bill requires the manager or board of an association of a time-share plan to: (1) mail certain materials to all owners on the list of owners of time shares in the plan upon the request of an owner under certain circumstances; (2) provide an owner with the option to place certain limits on the information that may be provided to other owners; (3) provide an owner with a written disclosure regarding the potential effect of giving consent to publish or furnish information about the owner; and (4) establish procedures for such mailings.
Existing law requires that, among other forms of notice, a sale of a time share to satisfy a lien for unpaid assessments be noticed by publication in a newspaper under certain circumstances. (NRS 119A.560) Section 4.5 of this bill authorizes, as an alternative to that form of publication, such a notice of sale to be posted on an Internet website if a statement of the Internet address is also published in a newspaper. Section 4.5 also authorizes the publication of such information for one or more notices of sale in the same publication. Existing law requires that, among other forms of notice, a sale of real property in foreclosure under a deed of trust be noticed by publication in a newspaper under certain circumstances. (NRS 107.080) Section 6 of this bill authorizes, as an alternative to that form of publication, a notice of a time share in foreclosure under a deed of trust to be posted on an Internet website if a statement of the Internet address is also published in a newspaper.
Existing law provides that for a residential foreclosure sale, a copy of the notice of default and election to sell and the notice of sale must be posted in a conspicuous place on the property not later than 3 business days after the notice of default and election to sell. (NRS 107.087) Section 8 of this bill provides that for a notice of default and election to sell, the notice must be posted not later than 100 days before the date of sale and for a notice of sale, the notice must be posted not later than 15 days before the date of sale.
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EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A manager or, if there is no manager, the board shall maintain in the records of an association a complete list of the names and mailing addresses of all owners. The list must be updated not less frequently than quarterly.
2. If a time-share plan is part of a common-interest community governed by chapter 116 of NRS, the names and addresses of delegates or representatives who are elected pursuant to NRS 116.31105 or, if there are none, the name and address of the association must appear on the list of owners of an association organized under NRS 116.3101 in lieu of the names, addresses and other personal information of the individual owners.
3. Notwithstanding any provision of the declaration or bylaws of a time-share plan to the contrary, a manager or a board may not, except as otherwise authorized or required by law, publish or furnish any information about any owner to any other owner or any other person without the prior written consent of the owner whose information is requested.
4. Before obtaining the written consent of an owner pursuant to subsection 3, a manager or a board shall provide the owner with:
(a) The option to limit the information about the owner that may be published or furnished to any other owner or any other person:
(1) To exclusively the owners name and mailing address; and
(2) For use only in legitimate matters of business of the association.
(b) The following written disclosure:
BY GIVING YOUR CONSENT TO PUBLISH OR FURNISH INFORMATION ABOUT YOU FOR PURPOSES OTHER THAN LEGITIMATE MATTERS OF BUSINESS OF THE ASSOCIATION, THE INFORMATION COULD BE USED FOR COMMERCIAL OR OTHER PURPOSES.
5. The provisions of this section:
(a) Do not restrict the use by a manager or a board of information about an owner in the performance of their respective duties under the declaration of a time share plan or as otherwise required by law.
(b) Supersede any provisions of chapter 82 of NRS to the contrary.
Sec. 3. 1. A manager or, if there is no manager, the board shall:
(a) Establish reasonable procedures by which owners may:
(1) Solicit votes or proxies from other owners; and
(2) Provide information to other owners with respect to legitimate matters of business of the association.
(b) Mail to all persons included in the list of owners materials provided by an owner upon the request of that owner if the purpose of the mailing is to advance legitimate matters of business of the association, including, without limitation, a solicitation of a proxy for any purpose, provided that the owner who requests the mailing:
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(1) Provides to the manager or board a separate copy of the materials for each of the owners on the list or, if the mailing is to be transmitted electronically, a single copy of the materials in an electronic format; and
(2) Pays the association the actual costs of the mailing before the mailing.
2. The board is responsible for determining whether a mailing requested pursuant to this section advances legitimate matters of business of the association.
3. The manager or board, as applicable, may determine the manner in which a mailing may be accomplished.
4. For the purposes of this section, mail and mailing include, without limitation, a distribution made by electronic or similar means, such as the transmission of electronic mail as defined in NRS 41.715.
Sec. 4. (Deleted by amendment.)
Sec. 4.5. NRS 119A.560 is hereby amended to read as follows:
119A.560 1. The power of sale may not be exercised until:
(a) The developer or the association, its agent or attorney has first executed and caused to be recorded with the recorder of the county wherein the project is located a notice of default and election to sell the time share or cause its sale to satisfy the assessment lien; and
(b) The owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement for 60 days computed as prescribed in subsection 2.
2. The 60-day period provided in subsection 1 begins on the first day following the day upon which the notice of default and election to sell is recorded and a copy of the notice is mailed by certified or registered mail with postage prepaid to the owner or to his or her successor in interest at the owners address if that address is known, otherwise to the address of the project. The notice must describe the deficiency in payment.
3. The developer or the association, its agent or attorney shall, after expiration of the 60-day period and before selling the time share, give notice of the time and place of the sale in the manner and for a time not less than that required for the sale of real property upon execution, except that [a] :
(a) A copy of the notice of sale must be mailed on or before the first publication or posting required by NRS 21.130 by certified or registered mail with postage prepaid to the owner or to his or her successor in interest at the owners address if that address is known, otherwise to the address of the project [.] ; and
(b) In lieu of publishing a copy of the notice of sale in a newspaper pursuant to the provisions of NRS 21.130, the notice of sale may be given by posting a copy of the notice and a declaration pursuant to NRS 53.045 on a form prescribed by the Division pursuant to subsection 6 for 3 successive weeks on an Internet website and publishing three times, once a week for 3 successive weeks, in a newspaper, if there is one in the county, a statement in at least 10-point bold type, which includes, without limitation:
(1) A statement that the notice of sale for the foreclosure of the time share is posted on an Internet website;
(2) The Internet address where the notice is posted;
(3) The name of the record owner and the permanent identification number of each time share;
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(4) The name and street address of the property in which the time share is located; and
(5) A statement of the date, time and place of the sale.
Κ A statement published in a newspaper pursuant to this paragraph may include the information required for a notice of sale for one or more time shares.
4. The sale may be made at the office of the developer or the association if the notice so provided, whether the project is located within the same county as the office of the developer or the association or not.
[4.] 5. Every sale made under the provisions of NRS 119A.550 vests in the purchaser the title of the owner without equity or right of redemption.
6. The Division shall prepare a form for a declaration pursuant to NRS 53.045 that a developer or association must post on an Internet website with a notice of sale pursuant to paragraph (b) of subsection 3.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 107.080 is hereby amended to read as follows:
107.080 1. Except as otherwise provided in NRS 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;
(b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment;
(c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation; and
(d) Not less than 3 months have elapsed after the recording of the notice.
3. The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property.
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property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:
(a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; and
(b) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.
4. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;
(b) Posting a similar notice particularly describing the property, for 20 days successively, in [three public places of the township or city] a public place in the county where the property is situated ; [and where the property is to be sold;]
(c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated [;] or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560; and
(d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.
5. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if:
(a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;
(b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and
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(c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.
6. If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.
7. The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.
8. After a sale of property is conducted pursuant to this section, the trustee shall:
(a) Within 30 days after the date of the sale, record the trustees deed upon sale in the office of the county recorder of the county in which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustees deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustees deed upon sale in the office of the county recorder of the county in which the property is located.
9. If the successful bidder fails to record the trustees deed upon sale pursuant to paragraph (b) of subsection 8, the successful bidder:
(a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorneys fees and the costs of bringing the action; and
(b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 8 and for reasonable attorneys fees and the costs of bringing the action.
10. The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $50 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.
Κ The fees collected pursuant to this subsection must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account as prescribed pursuant to this subsection. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in this subsection.
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11. The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 10.
12. As used in this section, residential foreclosure means the sale of a single family residence under a power of sale granted by this section. As used in this subsection, single family residence:
(a) Means a structure that is comprised of not more than four units.
(b) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
Sec. 7. NRS 107.086 is hereby amended to read as follows:
107.086 1. In addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing is subject to the provisions of this section.
2. The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:
(a) Includes with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:
(1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;
(2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development; and
(3) A form upon which the grantor or the person who holds the title of record may indicate an election to enter into mediation or to waive mediation and one envelope addressed to the trustee and one envelope addressed to the Mediation Administrator, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;
(b) Serves a copy of the notice upon the Mediation Administrator; and
(c) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:
(1) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 3 or 6 which provides that no mediation is required in the matter; or
(2) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 7 which provides that mediation has been completed in the matter.
3. The grantor or the person who holds the title of record shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph (3) of paragraph (a) of subsection 2 and return the form to the trustee by certified mail, return receipt requested. If the grantor or the person who holds the title of record indicates on the form an election to enter into mediation, the trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the election of the grantor or the person who holds the title of record to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation.
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master or other designee and schedule the matter for mediation. No further action may be taken to exercise the power of sale until the completion of the mediation. If the grantor or the person who holds the title of record indicates on the form an election to waive mediation or fails to return the form to the trustee as required by this subsection, the trustee shall execute an affidavit attesting to that fact under penalty of perjury and serve a copy of the affidavit, together with the waiver of mediation by the grantor or the person who holds the title of record, or proof of service on the grantor or the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator. Upon receipt of the affidavit and the waiver or proof of service, the Mediation Administrator shall provide to the trustee a certificate which provides that no mediation is required in the matter.
4. Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 8. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or a representative shall attend the mediation if the grantor elected to enter into mediation, or the person who holds the title of record or a representative shall attend the mediation if the person who holds the title of record elected to enter into mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note and each assignment of the deed of trust or mortgage note. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.
5. If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 4 or does not have the authority or access to a person with the authority required by subsection 4, the mediator shall prepare and submit to the Mediation Administrator a petition and recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.
6. If the grantor or the person who holds the title of record elected to enter into mediation and fails to attend the mediation, the Mediation Administrator shall provide to the trustee a certificate which states that no mediation is required in the matter.
7. If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the Mediation Administrator a recommendation that the matter be terminated. The Mediation Administrator shall provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.
8. The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:
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(a) Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.
(b) Ensuring that mediations occur in an orderly and timely manner.
(c) Requiring each party to a mediation to provide such information as the mediator determines necessary.
(d) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.
(e) Establishing a total fee of not more than $400 that may be charged and collected by the Mediation Administrator for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation.
9. Except as otherwise provided in subsection 11, the provisions of this section do not apply if:
(a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or
(b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.
10. A noncommercial lender is not excluded from the application of this section.
11. The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
12. As used in this section:
(a) Mediation Administrator means the entity so designated pursuant to subsection 8.
(b) Noncommercial lender means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.
(c) Owner-occupied housing means housing that is occupied by an owner as the owners primary residence. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.
Sec. 8. NRS 107.087 is hereby amended to read as follows:
107.087 1. In addition to the requirements of NRS 107.080, if the sale of property is a residential foreclosure, a copy of the notice of default and election to sell and the notice of sale must:
(a) Be posted in a conspicuous place on the property not later than [3 business days after the notice] :
(1) For a notice of default and election to sell , 100 days before the date of sale; or [the]
(2) For a notice of sale [is recorded pursuant to NRS 107.080;] , 15 days before the date of sale; and
(b) Include, without limitation:
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(1) The physical address of the property; and
(2) The contact information of the trustee or the person conducting the foreclosure who is authorized to provide information relating to the foreclosure status of the property.
2. In addition to the requirements of NRS 107.084, the notices must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier.
3. A separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the grantor or the grantors successor in interest, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 4 of NRS 107.080. The separate notice must be in substantially the following form:
NOTICE TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.
You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.
Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.
After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.
Under the Nevada Revised Statutes eviction proceedings may begin against you after you have been given a notice to quit.
If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.
If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes and may be served by:
(1) Delivering a copy to you personally in the presence of a witness;
(2) If you are absent from your place of residence or usual place of business, leaving a copy with a person of suitable age and discretion at either place and mailing a copy to you at your place of residence or business; or
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(3) If your place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, posting a copy in a conspicuous place on the leased property, delivering a copy to a person residing there, if a person can be found, and mailing a copy to you at the place where the leased property is.
If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a summons and complaint;
(2) If you do not file an answer, an order evicting you by default may be obtained against you;
(3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and
(4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.
4. The posting of a notice required by this section must be completed by a process server licensed pursuant to chapter 648 of NRS or any constable or sheriff.
5. As used in this section, residential foreclosure has the meaning ascribed to it in NRS 107.080.
Sec. 9. Senate Bill No. 403 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 2. This act becomes effective on July 1, 2011.
Sec. 10. 1. This section and section 9 of this act become effective on July 1, 2011.
2. Sections 1 to 8, inclusive, of this act become effective on October 1, 2011.
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