[Rev. 5/20/2016 3:28:39 PM--2015]

CHAPTER 231 - ECONOMIC DEVELOPMENT, TOURISM AND CULTURAL AFFAIRS

GENERAL PROVISIONS

NRS 231.002           Definitions.

NRS 231.003           “Administrative or operating purposes” defined.

NRS 231.004           “Board” defined.

NRS 231.005           “Development resource” defined.

NRS 231.006           “Executive Director” defined.

NRS 231.007           “Office” defined.

NRS 231.008           “Organization for economic development” defined.

NRS 231.009           “Regional development authority” defined.

ECONOMIC DEVELOPMENT

General Provisions

NRS 231.020           “Motion pictures” defined.

NRS 231.033           Board of Economic Development: Creation; membership; terms; officers; quorum; meetings; expenses.

NRS 231.037           Board of Economic Development: Duties.

NRS 231.043           Office of Economic Development: Creation; divisions; budgets; classification of employees.

NRS 231.047           Executive Director of Office of Economic Development: Appointment; classification; removal; prohibition on other employment.

NRS 231.053           Executive Director of Office of Economic Development: Responsibility for Office; State Plan for Economic Development; regional development authorities; gifts, donations, bequests, grants and other sources of money for economic development; regulations; reorganization of programs of economic development; recommendations for changes in laws.

NRS 231.0535         Executive Director of Office of Economic Development: Annual report to Governor and Legislature regarding Catalyst Account and transferable tax credits to promote economic development.

NRS 231.054           Executive Director of Office of Economic Development: Regional development authorities to submit plans.

NRS 231.0545         Executive Director of Office of Economic Development: Formation of nonprofit corporation to promote, aid and encourage economic development; regulations.

NRS 231.055           Office of Economic Development: Powers and duties; support for Board, regional development authorities and private sector to encourage economic development; coordination and oversight of all economic development in Nevada; assistance in marketing of vacant or decommissioned assets of electric utilities; development and implementation of programs to provide customized workforce development services; lists of authorized providers of workforce recruitment, assessment and training; federal programs.

NRS 231.057           Office of Economic Development: Powers specific to contracts with regional development authorities.

NRS 231.060           Office of Economic Development: Powers and duties; establishment of policies and approval of programs of Division of Motion Pictures; creation of special advisory committees.

NRS 231.064           Office of Economic Development: Powers and duties; studies, investigations, research and educational activities; dissemination of information.

NRS 231.068           Office of Economic Development: Powers and duties; grants for programs for occupational education.

NRS 231.0685         Office of Economic Development: Biennial report to Legislature concerning abatements from taxation approved by the Office.

NRS 231.069           Office of Economic Development: Confidentiality of records and documents submitted by client.

NRS 231.0695         Office of Economic Development: Approval of partial tax abatement.

NRS 231.075           Office of Economic Development: Assistance in development of inland ports.

NRS 231.125           Office of Economic Development: Fees to support activities.

NRS 231.127           Division of Motion Pictures: Program to promote production of motion pictures.

NRS 231.128           Registration and permits required for production of motion picture.

NRS 231.130           Office of Economic Development: Use of records and assistance of other state agencies.

NRS 231.139           Office of Economic Development: Certification of businesses for certain benefits; requirements for certification; allocations from Contingency Account; fees; regulations.

 

Program for Certification of Local Emerging Small Businesses

NRS 231.1401         Definitions.

NRS 231.1402         “Local emerging small business” defined.

NRS 231.1403         “Local purchasing contract” defined.

NRS 231.1404         “State purchasing contract” defined.

NRS 231.1405         Eligibility for certification: General requirements.

NRS 231.14052       Eligibility for certification: Determination of full-time equivalent employee.

NRS 231.14055       Application; certification by Office of Economic Development; compilation and posting of list of certified businesses on Internet website.

NRS 231.1406         Full-time equivalent employee: Determination. [Replaced in revision by NRS 231.14052.]

NRS 231.14065       Duties of Department of Business and Industry, Purchasing Division and State Public Works Division.

NRS 231.1407         Office of Economic Development: Duties.

NRS 231.14075       Office of Economic Development: Annual report.

NRS 231.1408         Office of Economic Development: Regulations.

 

Program of Training for Employees of Business

NRS 231.141           Definitions.

NRS 231.1415         “Authorized provider” defined.

NRS 231.143           “Community college” defined. [Repealed.]

NRS 231.146           “Program of workforce development” defined.

NRS 231.1465         Declaration of public policy regarding implementation of programs of workforce development.

NRS 231.1467         Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in program.

NRS 231.1468         Required contents of workforce diversity action plan.

NRS 231.147           Application for approval of program of workforce training; contents of application; assistance in completing application; approval or denial of application by Office; matching money; notification of approval or denial.

NRS 231.1473         Request for confidentiality of proprietary information, intellectual property or trade secret in training materials.

NRS 231.149           Office authorized to apply for and accept gifts, grants, donations and contributions; deposit of money in Workforce Innovations for a New Nevada Account; conditions on receipt and use of money by Office.

NRS 231.151           Workforce Innovations for a New Nevada Account: Creation; uses; reversion; administration.

NRS 231.1513         Office of Economic Development: Biennial report to Legislature concerning programs of workforce development.

NRS 231.152           Adoption of regulations by Office.

 

Transferable Tax Credits to Promote Economic Development

NRS 231.1555         Application for certificate of eligibility; taxes to which credit may be applied; procedures for applying for certificate of eligibility and criteria for issuance of certificate of transferable tax credits; review, evaluation and approval of applications; restrictions on approval; issuance of certificate of eligibility; irrevocable declaration; issuance of certificate of transferable tax credits; notification of Department of Taxation and Nevada Gaming Control Board.

 

Catalyst Account

NRS 231.1573         Creation; disposition of interest and income; deposit of payments of loans; nonreversion; administration; gifts, grants and donations.

NRS 231.1577         Grant or loan from Account: Procedures for applying; application by county or city; review, evaluation and approval of applications.

NRS 231.1579         Grant from regional development authority to another organization for economic development: Procedures; requirements; reports.

 

Knowledge Account

NRS 231.1591         Definitions.

NRS 231.1592         Creation; disposition of interest and income; nonreversion; administration; gifts, grants and donations; allocations.

NRS 231.1593         Commercialization revenue: Authority of Executive Director to enter into agreement for allocation with research university or Desert Research Institute; deposit in Account.

NRS 231.1594         Allocations from Account: Procedures for applying; application by research university or Desert Research Institute; review and approval of applications; use of money; factors to be considered.

NRS 231.1595         Powers and duties of Executive Director: Establishment of economic development goals and objectives; expansion of research; enhancement of transfer and commercialization of research and technologies; verification and monitoring of research programs and plans; encouragement of investment; requirements for reports; agreements to obtain private equity investment.

NRS 231.1596         Technology outreach program: Establishment; required functions; cooperative design and operation with technology transfer offices at research universities and Desert Research Institute.

NRS 231.1597         Authorized uses of allocations from the Account.

DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS

General Provisions

NRS 231.161           Definitions.

NRS 231.163           “Department” defined.

NRS 231.165           “Director” defined.

NRS 231.167           Creation; divisions.

NRS 231.169           Bequests and gifts unaffected by creation of Department.

NRS 231.170           Commission on Tourism: Appointment and qualifications of members.

NRS 231.180           Commission on Tourism: Meetings; Secretary; rules; quorum; removal of appointed members.

NRS 231.190           Commission on Tourism: Salary of appointed members.

NRS 231.200           Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees.

NRS 231.210           Director: Appointment; classification; restrictions on other employment.

NRS 231.220           Director: Powers and duties.

NRS 231.230           Employment of staff and consultants; contracts with public and private entities; classification of employees.

NRS 231.235           Director: Use of records and assistance of other state agencies.

NRS 231.240           Fees for materials prepared for distribution.

NRS 231.250           Fund for the Promotion of Tourism.

 

Division of Tourism

NRS 231.260           Duties.

NRS 231.270           Formation of councils on tourism; production of promotional films; dissemination of information.

NRS 231.290           Fund for the Nevada Magazine; conditions for trading of advertising services for services or products that benefit Nevada Magazine.

NRS 231.300           Use of records and assistance of other state agencies. [Replaced in revision by NRS 231.235.]

 

Grant Program for the Development of Projects Relating to Tourism

NRS 231.310           Definitions.

NRS 231.320           “Commission” defined.

NRS 231.330           “Development of projects relating to tourism” defined.

NRS 231.340           “Grant Program” defined.

NRS 231.360           Powers and duties of Commission on Tourism: Development and administration of Grant Program for Development of Projects Relating to Tourism; sources of money for Program; administration of account.

_________

GENERAL PROVISIONS

      NRS 231.002  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 231.003 to 231.009, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 3427)

      NRS 231.003  “Administrative or operating purposes” defined.  “Administrative or operating purposes” includes, without limitation, the dissemination of program information, marketing, grant writing, accounting services, legal services, travel and training.

      (Added to NRS by 2011, 3428)

      NRS 231.004  “Board” defined.  “Board” means the Board of Economic Development created by NRS 231.033.

      (Added to NRS by 2011, 3428)

      NRS 231.005  “Development resource” defined.

      1.  “Development resource” means any funding or other resource for economic development, including, without limitation, a structured lease of real property.

      2.  The term does not include any:

      (a) Funding for administrative or operating purposes;

      (b) Grant or loan of money from the Catalyst Account created by NRS 231.1573;

      (c) Issuance of a certificate of eligibility for transferable tax credits or a certificate of transferable tax credits pursuant to NRS 231.1555; or

      (d) Allocation of money from the Knowledge Account created by NRS 231.1592.

      (Added to NRS by 2011, 3428; A 2013, 2748; 2015, 2481)

      NRS 231.006  “Executive Director” defined.  “Executive Director” means the Executive Director of the Office of Economic Development.

      (Added to NRS by 2011, 3428)

      NRS 231.007  “Office” defined.  “Office” means the Office of Economic Development created by NRS 231.043.

      (Added to NRS by 2011, 3428)

      NRS 231.008  “Organization for economic development” defined.  “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.

      (Added to NRS by 2011, 3428)

      NRS 231.009  “Regional development authority” defined.  “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 NRS 231.053.

      (Added to NRS by 2011, 3428)

ECONOMIC DEVELOPMENT

General Provisions

      NRS 231.020  “Motion pictures” defined.  As used in NRS 231.020 to 231.139, inclusive, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast or other electronic transmission, and programs made for broadcast or other electronic transmission in episodes.

      [2:322:1955]—(NRS A 1969, 230; 1983, 1167; 1987, 1589, 1672; 1989, 554; 1997, 2479; 1999, 1750; 2005, 22nd Special Session, 112; 2011, 750, 3441; 2013, 1144)

      NRS 231.033  Board of Economic Development: Creation; membership; terms; officers; quorum; meetings; expenses.

      1.  There is hereby created the Board of Economic Development, consisting of:

      (a) The following voting members:

             (1) The Governor;

             (2) The Lieutenant Governor;

             (3) The Secretary of State; 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) The Director of the Department of Employment, Training and Rehabilitation.

      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 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 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.

      5.  The Governor, the Lieutenant Governor or the Secretary of State may designate a person to serve as a member of the Board for the Governor, Lieutenant Governor or Secretary of State, respectively. Any person designated to serve pursuant to this subsection shall serve for the term of the officer appointing him or her and serves at the pleasure of that officer. If the Governor designates a person to serve on his or her behalf, that person shall serve as the Chair of the Board. 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.

      (Added to NRS by 2011, 3431; A 2013, 399)

      NRS 231.037  Board of Economic Development: Duties.  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 NRS 231.053.

      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, including, without limitation, recommendations regarding the development and implementation of a recruiting and marketing effort to attract professionals and businesses to this State.

      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;

      (d) The development and implementation of programs to provide customized workforce development services to existing and prospective businesses in this State; and

      (e) Any other activities of the Office.

      6.  Review each proposal by the Executive Director to enter into a contract pursuant to NRS 231.057 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 NRS 231.057 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.

      (Added to NRS by 2011, 3432; A 2011, 3484; 2013, 1145; 2015, 29th Special Session, 6)

      NRS 231.043  Office of Economic Development: Creation; divisions; budgets; classification of employees.

      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.

      (Added to NRS by 2011, 3432; A 2011, 3485)

      NRS 231.047  Executive Director of Office of Economic Development: Appointment; classification; removal; prohibition on other employment.  The Executive Director:

      1.  Must be appointed by the Governor from a list of three persons recommended by the Board.

      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.

      (Added to NRS by 2011, 3432)

      NRS 231.053  Executive Director of Office of Economic Development: Responsibility for Office; State Plan for Economic Development; regional development authorities; gifts, donations, bequests, grants and other sources of money for economic development; regulations; reorganization of programs of economic development; recommendations for changes in laws.  After considering any 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:

      (a) Must include a statement of:

             (1) New industries which have the potential to be developed in this State;

             (2) The strengths and weaknesses of this State for business incubation;

             (3) The competitive advantages and weaknesses of this State;

             (4) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;

             (5) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and

             (6) 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; and

      (b) Must not include provisions for the granting of any abatement, partial abatement or exemption from taxes or any other incentive for economic development to a person who will locate or expand a business in this State that is subject to the tax imposed pursuant to NRS 362.130 or the gaming license fees imposed by the provisions of NRS 463.370.

      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 and declare void any contract between the Office and that regional development authority.

      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 231.1555 to 231.1597, inclusive.

      7.  May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1555 to 231.1597, inclusive.

      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.

      (Added to NRS by 2011, 3433; A 2011, 3485; 2013, 400, 1145; 2015, 2481; 2015, 29th Special Session, 34)

      NRS 231.0535  Executive Director of Office of Economic Development: Annual report to Governor and Legislature regarding Catalyst Account and transferable tax credits to promote economic development.

      1.  On or before November 1 of each year, the Executive Director shall submit a report that includes the information required by this section to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Interim Finance Committee if the report is received during an odd-numbered year; or

             (2) The next regular session of the Legislature if the report is received during an even-numbered year.

      2.  The report must include, without limitation:

      (a) The amount of all grants, gifts and donations of money to the Catalyst Account created by NRS 231.1573 which have been applied for and accepted from public and private sources;

      (b) The amount of all grants and loans of money from the Catalyst Account which have been approved by the Executive Director or the Board pursuant to NRS 231.1577;

      (c) The amount of all transferable tax credits which have been approved by the Executive Director or the Board pursuant to NRS 231.1555;

      (d) The number of businesses which have been created or expanded in this State, or which have located to this State, because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555; and

      (e) The number of jobs which have been created or saved because of grants and loans of money from the Catalyst Account approved pursuant to NRS 231.1577 or transferable tax credits approved pursuant to NRS 231.1555.

      (Added to NRS by 2015, 2480)

      NRS 231.054  Executive Director of Office of Economic Development: Regional development authorities to submit plans.  Each regional development authority shall present a plan to the Executive Director regarding the development and enhancement of a recruiting and marketing effort to attract professionals and businesses to the region of this State served by the regional development authority. The Executive Director shall consider any plan presented pursuant to this section in carrying out the provisions of NRS 231.053.

      (Added to NRS by 2013, 1144)

      NRS 231.0545  Executive Director of Office of Economic Development: Formation of nonprofit corporation to promote, aid and encourage economic development; regulations.

      1.  After considering any advice and recommendations of the Board, the Executive Director may:

      (a) Propose to the Board the formation of a nonprofit corporation that is exempt from federal income taxation, the purpose of which is to promote, aid and encourage economic development in this State or a locality or region of this State; and

      (b) Upon approval of a proposal by the Board, cause such a corporation to be formed.

      2.  The Board shall:

      (a) Review each proposal by the Executive Director pursuant to subsection 1; and

      (b) As the Board determines to be in the best interests of this State, approve, disapprove or modify the proposal made by the Executive Director.

      3.  A nonprofit corporation formed pursuant to this section must have a board of directors consisting of:

      (a) The Executive Director.

      (b) Four members from the private sector who have at least 10 years of experience in the field of investment, finance, accounting, technology, commercialization or banking, appointed by the Executive Director, with the approval of the Board.

      (c) One member appointed by the Speaker of the Assembly.

      (d) One member appointed by the Senate Majority Leader.

      4.  The Executive Director shall serve as chair of the board of directors of the nonprofit corporation formed pursuant to this section.

      5.  Except as otherwise provided in this subsection, each member appointed to the board of directors of the nonprofit corporation formed pursuant to this section serves a term of 4 years. Two of the initial members of the board of directors who are appointed pursuant to paragraph (b) of subsection 3 must be appointed to an initial term of 2 years.

      6.  Each member of the board of directors of the nonprofit corporation formed pursuant to this section continues in office until a successor is appointed. Members of the board of directors may be reappointed for additional terms of 4 years in the same manner as the original appointments.

      7.  Vacancies in the appointed positions on the board of directors of the nonprofit corporation formed pursuant to this section must be filled by the appointing authority for the unexpired term.

      8.  The members of the board of directors of the corporation formed pursuant to this section must serve without compensation but are entitled to be reimbursed for actual and necessary expenses incurred in the performance of their duties, including, without limitation, travel expenses.

      9.  A member of the board of directors of the corporation formed pursuant to this section must not have an equity interest in any:

      (a) External asset manager or venture capital or private equity investment firm contracting with the nonprofit corporation; or

      (b) Business which receives private equity funding from the nonprofit corporation.

      10.  The nonprofit corporation shall keep confidential any record or other document of a client which is in its possession to the same extent that the record or other document would be required to be kept confidential pursuant to NRS 231.069.

      11.  The board of directors of the nonprofit corporation formed pursuant to this section shall, on or before December 1 of each year, provide an annual report to the Governor and the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, if the report is submitted in an even-numbered year or to the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:

      (a) An accounting of all money received and expended by the nonprofit corporation, including, without limitation, any matching grant funds, gifts or donations; and

      (b) The name and a brief description of all businesses receiving an investment of money from the nonprofit corporation formed pursuant to this section.

      12.  Under the direction of the Executive Director, the Office shall adopt regulations prescribing:

      (a) The means by which the Office will verify that a nonprofit corporation formed pursuant to this section furthers the public interest in economic development and ensure that the nonprofit corporation carries out such a purpose; and

      (b) The procedures the Office will follow to ensure that the records and documents that are confidential pursuant to NRS 231.069 will be kept confidential when the records or other documents are used by a nonprofit corporation created pursuant to this section.

      (Added to NRS by 2015, 701)

      NRS 231.055  Office of Economic Development: Powers and duties; support for Board, regional development authorities and private sector to encourage economic development; coordination and oversight of all economic development in Nevada; assistance in marketing of vacant or decommissioned assets of electric utilities; development and implementation of programs to provide customized workforce development services; lists of authorized providers of workforce recruitment, assessment and training; federal programs.  Under the direction of the Executive Director, the Office:

      1.  Shall provide administrative and technical support to the Board.

      2.  Shall support the efforts of the Board, the regional development authorities designated by the Executive Director pursuant to subsection 4 of NRS 231.053 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 NRS 231.053, 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, licenses and registrations for the creation or expansion of businesses 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.  Shall, upon request, assist an electric utility with the marketing of vacant or decommissioned assets for sale and redevelopment pursuant to NRS 704.734.

      5.  Shall, in consultation with the Nevada System of Higher Education, the Department of Employment, Training and Rehabilitation, the Department of Education and any other person or entity which the Executive Director determines is appropriate, develop and implement one or more programs to provide customized workforce development services to persons that create and expand businesses in Nevada and relocate businesses to Nevada.

      6.  Shall prepare a list of authorized providers that are eligible to provide programs of workforce recruitment, assessment and training pursuant to NRS 231.1467.

      7.  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 NRS 231.053; and

      (b) When practicable and authorized by federal law, act as the agency of this State to administer such federal programs.

      (Added to NRS by 2011, 3433; A 2011, 3486; 2015, 2219; 2015, 29th Special Session, 6)

      NRS 231.057  Office of Economic Development: Powers specific to contracts with regional development authorities.

      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 NRS 231.053. 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 NRS 231.053; 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.

      (Added to NRS by 2011, 3434)

      NRS 231.060  Office of Economic Development: Powers and duties; establishment of policies and approval of programs of Division of Motion Pictures; creation of special advisory committees.  The Office:

      1.  Shall establish the policies and approve the programs of the Division of Motion Pictures concerning 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 may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the Office permits.

      [6:322:1955]—(NRS A 1969, 231, 1455; 1983, 1168; 1985, 403; 2011, 3442)

      NRS 231.064  Office of Economic Development: Powers and duties; studies, investigations, research and educational activities; dissemination of information.  In addition to its other duties, the 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 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.

      (Added to NRS by 1983, 1166; A 1985, 814; 2003, 1425; 2011, 3442)

      NRS 231.068  Office of Economic Development: Powers and duties; grants for programs for occupational education.

      1.  The 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.

      2.  Any money appropriated to the 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.

      (Added to NRS by 1985, 623; A 1999, 3114; 2011, 3442)

      NRS 231.0685  Office of Economic Development: Biennial report to Legislature concerning abatements from taxation approved by the Office.  The 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 Office approved pursuant to NRS 274.310, 274.320, 274.330, 360.750, 360.752, 360.753 or 360.754. The report must set forth, for each abatement from taxation that the Office approved during the fiscal years which are 3 fiscal years and 6 fiscal years 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.  The value of infrastructure included as an incentive for the business;

      4.  If applicable, the number of employees that the business for which the abatement was approved employs or will employ;

      5.  Whether the business for which the abatement was approved is a new business or an existing business;

      6.  The economic sector in which the business operates, the number of primary jobs related to the business, the average wage paid to employees of the business and the assessed values of personal property and real property of the business;

      7.  Any information concerning whether the business for which the abatement was approved participates or has participated in a program of workforce development, as defined in NRS 231.146, implemented by the Executive Director; and

      8.  Any other information that the Office determines to be useful.

      (Added to NRS by 1999, 1749; A 2001, 113; 2005, 643; 2011, 3443; 2013, 573, 2811; 2015, 2334, 3051; 2015, 29th Special Session, 7)

      NRS 231.069  Office of Economic Development: Confidentiality of records and documents submitted by client.

      1.  Except as otherwise provided in subsection 3 and NRS 239.0115, 360.890 and 360.950, the Office shall keep confidential any record or other document of a client which is in its possession if the client:

      (a) Submits a request in writing that the record or other document be kept confidential by the Office; and

      (b) Demonstrates to the satisfaction of the Office that the record or other document contains proprietary or confidential information.

      2.  If the Office determines that a record or other document of a client contains proprietary or confidential information, the Executive Director shall attach to the file containing the record or document:

      (a) A certificate signed by him or her stating that a request for confidentiality was made by the client and the date of the request;

      (b) A copy of the written request submitted by the client;

      (c) The documentation to support the request which was submitted by the client; and

      (d) A copy of the decision of the Office determining that the record or other document contains proprietary or confidential information.

      3.  The Office may share the records and other documents that are confidential pursuant to this section with the nonprofit corporation formed by the Executive Director pursuant to NRS 231.0545, as deemed necessary by the Office to accomplish the purposes for which the nonprofit corporation was formed.

      4.  Records and documents that are confidential pursuant to this section:

      (a) Are proprietary or confidential information of the business;

      (b) Are not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Office unless the business consents to the disclosure.

      5.  As used in this section, “proprietary or confidential information” has the meaning ascribed to it in NRS 360.247.

      (Added to NRS by 1987, 1671; A 1989, 554; 2007, 2080; 2011, 3443; 2015, 702, 703; 2015, 29th Special Session, 35)

      NRS 231.0695  Office of Economic Development: Approval of partial tax abatement.

      1.  For the purpose of any partial tax abatement which the Office is required or authorized to approve, the Office shall be deemed to have approved the partial tax abatement:

      (a) Upon approval by the Board for partial tax abatements with a projected value to a single entity of $250,000 or more; and

      (b) Upon approval by the Executive Director for partial tax abatements with a projected value to a single entity of less than $250,000.

      2.  For the purposes of this section, “projected value” means the dollar value of the abatement requested by an entity plus the accumulated value of all tax abatements received by that entity for the immediately preceding 2 years.

      (Added to NRS by 2013, 399)

      NRS 231.075  Office of Economic Development: Assistance in development of inland ports.

      1.  The Office of Economic Development shall:

      (a) Promote, encourage and aid in the development of inland ports in this State.

      (b) Identify sources of financing to assist local governments in developing or expanding inland ports.

      (c) Encourage and assist local governments in planning and preparing projects for inland ports.

      (d) Promote close cooperation between local governments, other public agencies and private persons that have an interest in creating, operating or maintaining inland ports in the State.

      2.  As used in this section, “inland port” has the meaning ascribed to it in NRS 277B.050.

      (Added to NRS by 2011, 750; A 2013, 401)

      NRS 231.125  Office of Economic Development: Fees to support activities.

      1.  The Office may charge such fees for:

      (a) Materials prepared for distribution by the Office;

      (b) Advertising in materials prepared by the Office; and

      (c) Services performed by the Office on behalf of others, such as the procurement of permits,

Ê as it deems necessary to support the activities of the Office.

      2.  All such fees must be deposited with the State Treasurer for credit to the Office and may be expended in addition to other money appropriated for the support of the Office.

      (Added to NRS by 1967, 1247; A 1981, 254; 1983, 1170; 1993, 2278; 2011, 3444)

      NRS 231.127  Division of Motion Pictures: Program to promote production of motion pictures.

      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:

      (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 audiovisual recordings which depict the variety and extent of the locations in this State which are available for the production of motion pictures.

Ê The directory of names and the library of 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.

      (Added to NRS by 1983, 1166; A 2011, 3444)

      NRS 231.128  Registration and permits required for production of motion picture.

      1.  Before a motion picture company begins production of a motion picture in this State, the motion picture company must:

      (a) Register with the Division of Motion Pictures; and

      (b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this State.

      2.  The registration filed with the Division of Motion Pictures must:

      (a) Contain a provision which provides that the motion picture company agrees to pay, within 30 days after the filming of the motion picture is completed in this State, all of the debts and obligations incurred by the motion picture company in the production of the motion picture in this State.

      (b) Be signed by:

             (1) A person who is authorized to enter into an agreement on behalf of the motion picture company; and

             (2) The Administrator of the Division of Motion Pictures or, in a county whose population is 700,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.

      (Added to NRS by 1997, 2479; A 2011, 1152)

      NRS 231.130  Office of Economic Development: Use of records and assistance of other state agencies.  Except as otherwise provided by law, in performing their duties, the Executive Director of the 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 with data and other information from their records bearing on the objectives of the Office. The Executive Director shall avail himself or herself of records and assistance of such other state agencies as in the opinion of the Governor or Executive Director might make a contribution to the work of the Office.

      [13:322:1955]—(NRS A 1969, 32, 1561; 1973, 903; 1977, 1123; 1979, 904, 1788; 1983, 1170; 2011, 3445)

      NRS 231.139  Office of Economic Development: Certification of businesses for certain benefits; requirements for certification; allocations from Contingency Account; fees; regulations.

      1.  The Office shall certify a business for the benefits provided pursuant to NRS 704.223 if the Office finds that:

      (a) The business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (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 Office may:

      (a) Request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the 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 Office in investigating and ruling on the application.

      (c) Adopt such regulations as it deems necessary to carry out the provisions of this section.

      (Added to NRS by 1993, 818; A 1995, 1143; 2001, 1584; 2011, 3445)

Program for Certification of Local Emerging Small Businesses

      NRS 231.1401  Definitions.  As used in NRS 231.1401 to 231.1408, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.1402, 231.1403 and 231.1404 have the meanings ascribed to them in those sections.

      (Added to NRS by 2013, 3692)

      NRS 231.1402  “Local emerging small business” defined.  “Local emerging small business” means a business that has been certified by the Office pursuant to NRS 231.14055.

      (Added to NRS by 2013, 3692)

      NRS 231.1403  “Local purchasing contract” defined.  “Local purchasing contract” has the meaning ascribed to it in NRS 332.201.

      (Added to NRS by 2013, 3692)

      NRS 231.1404  “State purchasing contract” defined.  “State purchasing contract” has the meaning ascribed to it in NRS 333.177.

      (Added to NRS by 2013, 3692)

      NRS 231.1405  Eligibility for certification: General requirements.

      1.  To be eligible for certification as a local emerging small business, a business must:

      (a) Be in existence, operational and operated for a profit;

      (b) Maintain its principal place of business in this State;

      (c) Be in compliance with all applicable licensing and registration requirements in this State;

      (d) Not be a subsidiary or parent company belonging to a group of firms that are owned or controlled by the same persons if, in the aggregate, the group of firms does not qualify pursuant to subsection 2 or 3 for designation as a tier 1 firm or a tier 2 firm; and

      (e) Qualify pursuant to subsection 2 or 3 for designation as a tier 1 firm or a tier 2 firm.

      2.  To be designated a tier 1 firm, a business must not employ more than 20 full-time or full-time equivalent employees and:

      (a) If the business is involved in providing construction services, the average annual gross receipts for the business must not exceed $1.7 million for the 3 years immediately preceding the date of application for certification as a local emerging small business; or

      (b) If the business is involved in the sale of goods or in providing services other than construction services, the average annual gross receipts for the business must not exceed $700,000 for the 3 years immediately preceding the date of application for certification as a local emerging small business.

      3.  To be designated a tier 2 firm, a business must not employ more than 30 full-time or full-time equivalent employees and:

      (a) If the business is involved in providing construction services, the average annual gross receipts for the business must not exceed $3.5 million for the 3 years immediately preceding the date of application for certification as a local emerging small business; or

      (b) If the business is involved in the sale of goods or in providing services other than construction services, the average annual gross receipts for the business must not exceed $1.3 million for the 3 years immediately preceding the date of application for certification as a local emerging small business.

      4.  In determining if a business qualifies for a designation as a tier 1 firm or a tier 2 firm pursuant to subsection 2 or 3, the Office shall use the criteria set forth in NRS 231.14052 to determine whether an employee is a full-time equivalent employee for the purposes of such a designation.

      (Added to NRS by 2013, 3692)

      NRS 231.14052  Eligibility for certification: Determination of full-time equivalent employee.  To determine whether an employee is a full-time equivalent employee pursuant to NRS 231.1405:

      1.  An owner of a business applying for certification as a local emerging small business must not be considered a full-time equivalent employee;

      2.  The period during which the full-time equivalency of an employee is determined must be based on the same period as the tax year for the business applying for certification as a local emerging small business; and

      3.  The hours worked by part-time and seasonal employees must be converted into full-time equivalent hours by dividing by 2,080 the total hours worked for the business applying for certification by all part-time and seasonal employees.

      (Added to NRS by 2013, 3693)—(Substituted in revision for NRS 231.1406)

      NRS 231.14055  Application; certification by Office of Economic Development; compilation and posting of list of certified businesses on Internet website.

      1.  A business may apply, on a form prescribed by regulation of the Office, to the Office for certification as a local emerging small business. The application must be accompanied by such proof as the Office requires to demonstrate that the applicant is in compliance with the criteria set forth in NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408.

      2.  Upon receipt of the application and when satisfied that the applicant meets the requirements set forth in this section, NRS 231.1405 and any regulations adopted pursuant to NRS 231.1408, the Office shall certify the business as a local emerging small business.

      3.  The Office shall compile a list of the local emerging small businesses certified pursuant to this section and post the list on its Internet website.

      (Added to NRS by 2013, 3692)

      NRS 231.1406  Full-time equivalent employee: Determination.  [Replaced in revision by NRS 231.14052.]

 

      NRS 231.14065  Duties of Department of Business and Industry, Purchasing Division and State Public Works Division.

      1.  The Office shall, in consultation with the Department of Business and Industry, establish an outreach program for local emerging small businesses to connect those businesses with state agencies seeking state purchasing contracts and contracts for public works of this State. To the extent practicable, such an outreach program must include private contractors to increase the awareness of those private contractors of the option of using local emerging small businesses to fulfill the contract needs of the private contractors.

      2.  The Office shall encourage the Purchasing Division of the Department of Administration and the State Public Works Division of the Department of Administration to:

      (a) Use the list of the local emerging small businesses compiled by the Office pursuant to NRS 231.14055; and

      (b) Develop outreach programs for local emerging small businesses.

      (Added to NRS by 2013, 3693)

      NRS 231.1407  Office of Economic Development: Duties.

      1.  The Office shall establish goals for:

      (a) The submission of bids or proposals by local emerging small businesses for state purchasing contracts and for the awarding of those contracts to local emerging small businesses; and

      (b) The submission of bids or proposals by local emerging small businesses for contracts for public works of this State for which the estimated cost is less than $100,000 and for the awarding of those contracts to local emerging small businesses.

      2.  The Office shall encourage:

      (a) Local governments to award local purchasing contracts and contracts for public works of the local government to local emerging small businesses;

      (b) Local governments to establish goals for the awarding of local purchasing contracts and contracts for public works of the local government to local emerging small businesses; and

      (c) Each local government in a county whose population is less than 100,000 to submit reports to the Office that are similar in nature and frequency to the reports required pursuant to NRS 332.201.

      3.  The Office, in cooperation with the Office of the Governor, shall establish an annual recognition program for the state agencies that meet the goals established pursuant to subsection 1.

      (Added to NRS by 2013, 3693)

      NRS 231.14075  Office of Economic Development: Annual report.  On or before September 15 of each year, the Office 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, for the fiscal year immediately preceding the submission of the report:

      1.  A summary of the information submitted to the Office pursuant to NRS 332.201, 333.177 and 338.1427 and, if applicable, paragraph (c) of subsection 2 of NRS 231.1407, including, without limitation, efforts undertaken to achieve any goals established by the Office which were not achieved in the current fiscal year and proposed action plans for achieving those goals in the subsequent fiscal year; and

      2.  The number of local emerging small businesses which are designated as tier 1 firms and tier 2 firms pursuant to NRS 231.1405. The numbers must be reported separately for businesses involved in providing construction services and for businesses involved in the sale of goods or in providing services other than construction services.

      (Added to NRS by 2013, 3694)

      NRS 231.1408  Office of Economic Development: Regulations.

      1.  The Office shall adopt regulations prescribing:

      (a) The application form and procedure for certification as a local emerging small business; and

      (b) The forms for the reports required pursuant to NRS 332.201, 333.177 and 338.1427.

      2.  The Office may adopt regulations to carry out the provisions of NRS 231.1401 to 231.1408, inclusive.

      (Added to NRS by 2013, 3693)

Program of Training for Employees of Business

      NRS 231.141  Definitions.  As used in NRS 231.141 to 231.152, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.1415 and 231.146 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1262; A 2003, 2646; 2011, 3446; 2015, 29th Special Session, 8)

      NRS 231.1415  “Authorized provider” defined.  “Authorized provider” means any institution within the Nevada System of Higher Education, a state or local agency, a school district, a charter school, a nonprofit organization, a labor organization or a private postsecondary educational institution that provides a program of workforce development approved by the Office.

      (Added to NRS by 2015, 29th Special Session, 3)

      NRS 231.143  “Community college” defined.  Repealed. (See chapter 1, Statutes of Nevada 2015, 29th Special Session, at page 14.)

 

      NRS 231.146  “Program of workforce development” defined.  “Program of workforce development” includes:

      1.  A program of workforce training provided pursuant to NRS 231.147.

      2.  A program of workforce recruitment, assessment and training provided pursuant to NRS 231.1467.

      (Added to NRS by 1999, 1263; A 2015, 29th Special Session, 8)

      NRS 231.1465  Declaration of public policy regarding implementation of programs of workforce development.  It is hereby declared to be the public policy of this State in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 that:

      1.  The industrial and economic development of all geographic areas of this State be supported through the implementation of programs of workforce development that prioritize the recruitment, assessment and training of a highly skilled and diverse workforce; and

      2.  Creating equal opportunities is critical to ensuring equity, social and economic mobility and sustainability.

      (Added to NRS by 2015, 29th Special Session, 3)

      NRS 231.1467  Application for approval of program of workforce recruitment, assessment and training; application for allocation, grant or loan of money to defray cost of program; application for participation of business in program.

      1.  A person who wishes to provide a program of workforce recruitment, assessment and training may apply to the Office for approval of the program. The application must be submitted on a form prescribed by the Office.

      2.  Each application must include:

      (a) The name, address and telephone number of the applicant;

      (b) The name of each business for which the applicant will provide the proposed program of workforce recruitment, assessment and training;

      (c) A statement of the objectives of the proposed program of workforce recruitment, assessment and training;

      (d) A workforce diversity action plan; and

      (e) The estimated cost of the proposed program of workforce recruitment, assessment and training.

      3.  Any program of workforce recruitment, assessment and training approved by the Office pursuant to this section must:

      (a) Include a workforce diversity action plan approved by the Office; and

      (b) To the extent practicable, be provided on a statewide basis to support the industrial and economic development of all geographic areas of this State.

      4.  The Office shall:

      (a) Maintain on the Internet website of the Office a list of the criteria for evaluating applications for approval of a program of workforce recruitment, assessment and training;

      (b) Approve or disapprove each application for approval of a program of workforce recruitment, assessment and training within 60 days after receiving a complete application; and

      (c) Provide notice of the approval or disapproval of each application to the applicant within 10 days after approving or disapproving the application.

      5.  An authorized provider that provides a program of workforce recruitment, assessment and training approved by the Office pursuant to this section or the governing body of a local government within the jurisdiction of which the authorized provider will provide the program may apply to the Office for an allocation, grant or loan of money to defray in whole or in part the cost of the program. The application must be submitted on a form prescribed by the Office.

      6.  The Office shall approve or deny each application for an allocation, grant or loan of money submitted pursuant to subsection 5 within 45 days after receipt of the application. When considering an application, the Office shall give priority to a program of workforce recruitment, assessment and training that will provide workforce development services to one or more businesses that:

      (a) Provide high-skill and high-wage jobs to residents of this State;

      (b) To the greatest extent practicable, use materials that are produced or bought in this State;

      (c) Are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (d) Are consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.

      7.  An authorized provider may use money distributed pursuant to this section:

      (a) To provide technical services to a business that participates in the program of workforce recruitment, assessment and training;

      (b) To provide publicity for the program of workforce recruitment, assessment and training and for job recruiting and assessments conducted through the program;

      (c) To provide instructional services;

      (d) To provide analysis of on-site training;

      (e) To pay any costs relating to the rental of instructional facilities, including, without limitation, utilities and costs relating to the storage and transportation of equipment and supplies;

      (f) To pay administrative and personnel costs; and

      (g) To pay any other costs necessary to effectively carry out the program of workforce recruitment, assessment and training.

      8.  A person who operates a business or will operate a business in this State may apply to the Office to participate in a program of workforce recruitment, assessment and training provided by an authorized provider. The application must be submitted on a form prescribed by the Office and must include, without limitation:

      (a) The name, address and telephone number of the business;

      (b) Proof satisfactory to the Office that the business is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (c) A description of the number and types of jobs that the business expects will be created as a result of its participation in the program of workforce recruitment, assessment and training and the wages the business expects to pay to persons employed in those jobs;

      (d) The types of services which will be provided to the business through the program of workforce recruitment, assessment and training;

      (e) A workforce diversity action plan approved by the Office; and

      (f) Any other information required by the Office.

      (Added to NRS by 2015, 29th Special Session, 3)

      NRS 231.1468  Required contents of workforce diversity action plan.  A workforce diversity action plan submitted to the Office for approval pursuant to paragraph (a) of subsection 3 of NRS 231.1467 or paragraph (e) of subsection 8 of NRS 231.1467 must include, without limitation:

      1.  A statement expressing a commitment to workforce diversity, an explanation of the actions that will be taken and strategies that will be implemented to promote workforce diversity and the goals and performance measures which will be used to measure the success of the plan in achieving those goals; and

      2.  A statement expressing a commitment to comply with all applicable federal and state laws.

      (Added to NRS by 2015, 29th Special Session, 5)

      NRS 231.147  Application for approval of program of workforce training; contents of application; assistance in completing application; approval or denial of application by Office; matching money; notification of approval or denial.

      1.  A person who operates a business or will operate a business in this State may apply to the Office for approval of a program of workforce training. The application must be submitted on a form prescribed by the 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 of workforce training;

      (c) A statement of the objectives of the proposed program of workforce training;

      (d) The estimated cost for each person enrolled in the program of workforce training; and

      (e) A statement signed by the applicant certifying that, if the program of workforce training set forth in the application is approved and money is granted by the Office to an authorized provider for the program of workforce training, each employee who completes the program of workforce training:

             (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,

Ê 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 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 Office shall approve or deny each application within 45 days after receipt of the application. When considering an application, the Office shall give priority to a business that:

      (a) Provides high-skill and high-wage jobs to residents of this State;

      (b) To the greatest extent practicable, uses materials for the business that are produced or bought in this State;

      (c) Is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (d) Is consistent with the unified state plan submitted by the Governor to the Secretary of Labor pursuant to 29 U.S.C. § 3112.

      5.  Before approving an application, the Office shall establish the amount of matching money that the applicant must provide for the program of workforce training. The amount established by the Office for that applicant must not be less than 25 percent of the amount the Office approves for the program of workforce training.

      6.  If the Office approves an application, it shall notify the applicant, in writing, within 10 days after the application is approved.

      7.  If the 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.

      (Added to NRS by 1999, 1263; A 2003, 2646; 2011, 3446; 2015, 29th Special Session, 8)

      NRS 231.1473  Request for confidentiality of proprietary information, intellectual property or trade secret in training materials.  A business that participates in a program of workforce development may request that any proprietary information, intellectual property or trade secret which is contained in any training materials provided through the program be deemed confidential. Upon approval by the Executive Director of such a request, the proprietary information, intellectual property or trade secret identified by the business shall be deemed confidential, may be redacted from the training materials and may not be disclosed.

      (Added to NRS by 2015, 29th Special Session, 5)

      NRS 231.149  Office authorized to apply for and accept gifts, grants, donations and contributions; deposit of money in Workforce Innovations for a New Nevada Account; conditions on receipt and use of money by Office.

      1.  The 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 Office receives pursuant to subsection 1 must be deposited in the State Treasury for credit to the Workforce Innovations for a New Nevada Account pursuant to NRS 231.151.

      3.  A person who makes a gift, grant, donation or contribution to the Office to carry out the provisions of NRS 231.141 to 231.152, inclusive, must be:

      (a) Informed that the receipt and use by the Office of the gift, grant, donation or contribution may be conditioned upon terms specified by the person; and

      (b) Provided the opportunity to place conditions upon the receipt and use by the Office of the gift, grant, donation or contribution.

      (Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447; 2015, 29th Special Session, 9)

      NRS 231.151  Workforce Innovations for a New Nevada Account: Creation; uses; reversion; administration.

      1.  The Workforce Innovations for a New Nevada Account is hereby created in the State General Fund. Any money the 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 General Fund for credit to the Account; 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 an odd-numbered fiscal year reverts to the State General Fund.

      3.  In calculating the uncommitted remaining balance in the Account at the end of an odd-numbered 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 each odd-numbered fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.

      4.  The 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.

      (Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447; 2015, 29th Special Session, 9)

      NRS 231.1513  Office of Economic Development: Biennial report to Legislature concerning programs of workforce development.  The 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 programs of workforce development which receive money from the Workforce Innovations for a New Nevada Account created by NRS 231.151. The report must include:

      1.  A summary of the expenditures from the Account;

      2.  A summary of the outcomes of the programs of workforce development which receive money from the Account, including, without limitation, the number of persons trained by each program, the number of persons employed by businesses that participate in each program and the average wages of the employees who are hired through each program;

      3.  An evaluation of the workforce diversity action plan of each authorized provider and each business that participates in a program of workforce development; and

      4.  Any other information the Executive Director of the Office determines is appropriate.

      (Added to NRS by 2015, 29th Special Session, 5)

      NRS 231.152  Adoption of regulations by Office.  The Office may adopt such regulations as are necessary to carry out the provisions of NRS 231.141 to 231.152, inclusive.

      (Added to NRS by 1999, 1264; A 2003, 2648; 2011, 3447; 2015, 29th Special Session, 10)

Transferable Tax Credits to Promote Economic Development

      NRS 231.1555  Application for certificate of eligibility; taxes to which credit may be applied; procedures for applying for certificate of eligibility and criteria for issuance of certificate of transferable tax credits; review, evaluation and approval of applications; restrictions on approval; issuance of certificate of eligibility; irrevocable declaration; issuance of certificate of transferable tax credits; notification of Department of Taxation and Nevada Gaming Control Board.

      1.  A person who intends to locate or expand a business in this State may apply to the Office for a certificate of eligibility for transferable tax credits which may be applied to:

      (a) Any tax imposed by chapter 363A or 363B of NRS;

      (b) The gaming license fee imposed by the provisions of NRS 463.370;

      (c) Any tax imposed by chapter 680B of NRS; or

      (d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

      2.  After considering any advice and recommendations of the Board, the Executive Director shall establish:

      (a) Procedures for applying to the Office for a certificate of eligibility for transferable tax credits which must:

             (1) Include, without limitation, a requirement that the applicant set forth in the application:

                   (I) The proposed use of the transferable tax credits;

                   (II) The plans, projects and programs for which the transferable tax credits will be used;

                   (III) The expected benefits of the issuance of the transferable tax credits; and

                   (IV) A statement of the short-term and long-term impacts of the issuance of the transferable tax credits; and

             (2) Allow the applicant to revise the application upon the recommendation of the Executive Director.

      (b) The criteria which a person to whom a certificate of eligibility for transferable tax credits has been issued must satisfy to be issued a certificate of transferable tax credits.

      3.  After receipt of an application pursuant to this section, the Executive Director shall review and evaluate 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 NRS 231.053.

      4.  If the applicant is requesting transferable tax credits in an amount of $100,000 or less, the Executive Director may approve the application, subject to the provisions of subsection 6, 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.

      5.  If the applicant is requesting transferable tax credits in an amount greater than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application, subject to the provisions of subsection 6, if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

      6.  The Executive Director or the Board shall not approve any application for transferable tax credits for:

      (a) A period of more than 5 fiscal years;

      (b) Fiscal Year 2015-2016; or

      (c) Any fiscal year if the approval of the application would cause the total amount of transferable tax credits issued pursuant to this section to exceed:

             (1) For Fiscal Year 2016-2017, $1,000,000.

             (2) For Fiscal Year 2017-2018, $2,000,000.

             (3) For Fiscal Year 2018-2019, $2,000,000.

             (4) For Fiscal Year 2019-2020, $3,000,000.

             (5) For a fiscal year beginning on or after July 1, 2020, $5,000,000.

      7.  If the Executive Director or the Board approves an application and issues a certificate of eligibility for transferable tax credits, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to this section to:

      (a) The applicant;

      (b) The Department of Taxation; and

      (c) The Nevada Gaming Control Board.

      8.  Within 14 days after the Office determines that a person to whom a certificate of eligibility for transferable tax credits has been issued satisfies the criteria established by the Executive Director pursuant to subsection 2, the Office shall notify the person that transferable tax credits will be issued. Within 30 days after the receipt of the notice, the person shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the person a certificate of transferable tax credits in the amount approved by the Executive Director or the Board, as applicable, for the fees or taxes included in the declaration. The Office shall notify the Department of Taxation and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in paragraphs (a), (b) and (c) of subsection 1, and the amount of any transferable tax credits transferred.

      (Added to NRS by 2015, 2479; A 2015, 29th Special Session, 12)

Catalyst Account

      NRS 231.1573  Creation; disposition of interest and income; deposit of payments of loans; nonreversion; administration; gifts, grants and donations.

      1.  The Catalyst Account is hereby created in the State General Fund.

      2.  The interest and income earned on:

      (a) Money in the Catalyst Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Catalyst Account.

      3.  All payments of principal and interest on any loan made with money from the Catalyst Account must be deposited in the Account.

      4.  Any money in the Catalyst Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Catalyst Account must be carried forward to the next fiscal year.

      5.  The Executive Director shall administer the Catalyst Account and may apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Catalyst Account.

      (Added to NRS by 2011, 3434; A 2011, 3486; 2013, 2748)

      NRS 231.1577  Grant or loan from Account: Procedures for applying; application by county or city; review, evaluation and approval of applications.

      1.  After considering any advice and recommendations of the Board, the Executive Director shall establish procedures for applying to the Office for a grant or loan of money from the Catalyst Account created by NRS 231.1573. The procedures must:

      (a) Include, without limitation, a requirement that applications for grants or loans must set forth:

             (1) The proposed use of the grant or loan;

             (2) The plans, projects and programs for which the grant or loan will be used;

             (3) The expected benefits of the grant or loan; and

             (4) A statement of the short-term and long-term impacts of the use of the grant or loan; and

      (b) Allow the applicant to revise the application upon the recommendation of the Executive Director.

      2.  In accordance with the procedures established pursuant to subsection 1, any county or incorporated city in this State may apply for a grant or loan of money from the Catalyst Account.

      3.  After receipt of an application pursuant to this section, the Executive Director shall review and evaluate 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 NRS 231.053.

      4.  If the applicant is requesting $100,000 or less, the Executive Director may approve the application and make a grant or loan of money from the Catalyst Account to the applicant 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.

      5.  If the applicant is requesting more than $100,000, the Executive Director shall submit the application and the Executive Director’s review and evaluation of the application pursuant to subsection 3 to the Board, and the Board may approve the application and make a grant or loan of money from the Catalyst Account to the applicant if the Board determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development.

      (Added to NRS by 2011, 3435; A 2013, 402, 2749; 2015, 2482)

      NRS 231.1579  Grant from regional development authority to another organization for economic development: Procedures; requirements; reports.  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 NRS 231.053; 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.

      (Added to NRS by 2011, 3437)

Knowledge Account

      NRS 231.1591  Definitions.  As used in NRS 231.1591 to 231.1597, inclusive, 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.

      (Added to NRS by 2011, 3437)

      NRS 231.1592  Creation; disposition of interest and income; nonreversion; administration; gifts, grants and donations; allocations.

      1.  The Knowledge Account is hereby created in the State General Fund.

      2.  The interest and income earned on:

      (a) Money in the Knowledge Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Ê must be credited to the Knowledge Account.

      3.  Any money in the Knowledge Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Knowledge Account must be carried forward to the next fiscal year.

      4.  The Executive Director:

      (a) Shall administer the Knowledge Account in a manner that is consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053;

      (b) May apply for and accept any gift, grant, donation, bequest or other source of money for deposit in the Knowledge Account; and

      (c) Subject to any restrictions imposed by such a grant, gift, donation or appropriation, may allocate money in the Knowledge Account among the research universities, the Desert Research Institute, the technology outreach program established pursuant to NRS 231.1596 and the technology transfer offices of the research universities and the Desert Research Institute to support commercialization and technology transfer to the private sector.

      (Added to NRS by 2011, 3437; A 2013, 2751)

      NRS 231.1593  Commercialization revenue: Authority of Executive Director to enter into agreement for allocation with research university or Desert Research Institute; deposit in Account.

      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 Account created by NRS 231.1592.

      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 NRS 231.1591 to 231.1597, inclusive, 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.

      (Added to NRS by 2011, 3438; A 2013, 2751)

      NRS 231.1594  Allocations from Account: Procedures for applying; application by research university or Desert Research Institute; review and approval of applications; use of money; factors to be considered.

      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 Account created by NRS 231.1592. 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 making allocations of money from the Knowledge Account created pursuant to NRS 231.1592, the Executive Director must consider:

      (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 NRS 231.053; and

      (b) Whether the research universities and the Desert Research Institute have received an equitable share of the allocations of money from the Knowledge Account.

      3.  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 Account. Upon receipt of an application for an allocation from the Knowledge Account, 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 NRS 231.053. 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 Account to the applicant.

      4.  If a research university or the Desert Research Institute receives an allocation of money from the Knowledge Account, the money must be used for the purposes set forth in NRS 231.1597.

      (Added to NRS by 2011, 3438; A 2013, 2752)

      NRS 231.1595  Powers and duties of Executive Director: Establishment of economic development goals and objectives; expansion of research; enhancement of transfer and commercialization of research and technologies; verification and monitoring of research programs and plans; encouragement of investment; requirements for reports; agreements to obtain private equity investment.

      1.  In consultation with the Board and the Chancellor, the Executive Director shall:

      (a) Establish, for the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, economic development goals which are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053 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 NRS 231.1591 to 231.1597, inclusive.

      (e) Verify that the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, are being enhanced by research grants and that such programs are meeting the Board’s economic development objectives.

      (f) Monitor all research plans that are part of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive, at the research universities and the Desert Research Institute to determine that allocations from the Knowledge Account created by NRS 231.1592 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 NRS 231.1591 to 231.1597, inclusive, 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 Account pursuant to NRS 231.1597. 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:

             (1) The number of research teams and faculty recruited, hired and retained pursuant to NRS 231.1597 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 NRS 231.1597;

             (3) The number of patents which have been filed as a result of the programs established pursuant to NRS 231.1591 to 231.1597, inclusive;

             (4) The amount of research grants awarded to the research teams and faculty recruited, hired and retained pursuant to NRS 231.1597;

             (5) The amount of all grants, gifts and donations to the Knowledge Account 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 NRS 231.1591 to 231.1597, inclusive; 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 NRS 231.1591 to 231.1597, inclusive.

      (Added to NRS by 2011, 3439; A 2013, 2752)

      NRS 231.1596  Technology outreach program: Establishment; required functions; cooperative design and operation with technology transfer offices at research universities and Desert Research Institute.

      1.  The Executive Director shall use money in the Knowledge Account created by NRS 231.1592 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.

      (Added to NRS by 2011, 3440; A 2013, 2754)

      NRS 231.1597  Authorized uses of allocations from the Account.  In consultation with the Board and the Chancellor, the Executive Director shall allocate money in the Knowledge Account created by NRS 231.1592 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;

      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 NRS 231.053.

      (Added to NRS by 2011, 3440; A 2013, 2754)

DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS

General Provisions

      NRS 231.161  Definitions.  As used in NRS 231.161 to 231.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.163 and 231.165 have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 2937)

      NRS 231.163  “Department” defined.  “Department” means the Department of Tourism and Cultural Affairs.

      (Added to NRS by 2011, 2937)

      NRS 231.165  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2011, 2937)

      NRS 231.167  Creation; divisions.  The Department of Tourism and Cultural Affairs is hereby created, consisting of:

      1.  The Division of Tourism;

      2.  The Division of Museums and History, created by NRS 381.004;

      3.  The Board of Museums and History, created by NRS 381.002;

      4.  The Nevada Arts Council, created by NRS 233C.025;

      5.  The Nevada Indian Commission, created by NRS 233A.020;

      6.  The Board of the Nevada Arts Council, created by NRS 233C.030; and

      7.  The Commission on Tourism.

      (Added to NRS by 1983, 1161; A 2011, 2938; 2015, 73)—(Substituted in revision for NRS 231.160)

      NRS 231.169  Bequests and gifts unaffected by creation of Department.  The creation of the Department does not affect any bequest, devise, endowment, trust, allotment or other gift made to a division or institution of the Department and those gifts inure to the benefit of the division or institution and remain subject to any conditions or restraints placed on the gifts.

      (Added to NRS by 2011, 2937)

      NRS 231.170  Commission on Tourism: Appointment and qualifications of members.

      1.  The Commission on Tourism is composed of:

      (a) Eleven voting members as follows:

             (1) The Lieutenant Governor, who is its Chair;

             (2) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and

             (3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

      (b) The following ex officio, nonvoting members:

             (1) The Chair of the Board of Museums and History;

             (2) The Chair of the Nevada Indian Commission; and

             (3) The Chair of the Board of the Nevada Arts Council.

      2.  A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

      3.  Of the members appointed by the Governor pursuant to subparagraph (2) of paragraph (a) of subsection 1:

      (a) At least one member must be a resident of a county whose population is 700,000 or more.

      (b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000.

      (c) At least two members must be residents of counties whose population is less than 100,000.

      (d) Four members must be residents of any county in this State.

      (Added to NRS by 1983, 1162; A 1985, 1576; 1989, 1912; 1991, 465; 1999, 3114; 2001, 1961; 2007, 998; 2011, 1152; 2013, 122; 2015, 73)

      NRS 231.180  Commission on Tourism: Meetings; Secretary; rules; quorum; removal of appointed members.

      1.  The Commission on Tourism shall meet once each calendar quarter, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair or a majority of the voting members.

      2.  The Director is the Secretary of the Commission.

      3.  The Commission shall prescribe rules for its own management and government.

      4.  Six voting members of the Commission constitute a quorum.

      5.  The Governor may remove an appointed member from the Commission if the member neglects his or her duty or commits malfeasance in office.

      (Added to NRS by 1983, 1162; A 1985, 567; 1991, 11; 2007, 999; 2013, 123)

      NRS 231.190  Commission on Tourism: Salary of appointed members.  Each appointed member of the Commission on Tourism is entitled to receive a salary of $80 for each day’s attendance at a meeting of the Commission.

      (Added to NRS by 1983, 1162; A 1985, 404; 2007, 999)

      NRS 231.200  Commission on Tourism: Establishment of certain policies for and approval of certain programs and budgets of Division of Tourism; regulations; creation of special advisory committees.  The Commission on Tourism:

      1.  Shall establish the policies and approve the programs and budgets of the Division of Tourism concerning:

      (a) The promotion of tourism and travel in this State; and

      (b) The publication of Nevada Magazine and other promotional material.

      2.  May adopt regulations to administer and carry out the policies and programs of the Division of Tourism.

      3.  May from time to time create special advisory committees to advise it on special problems of tourism. 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 permits.

      (Added to NRS by 1983, 1162; A 1985, 404; 2011, 2938)

      NRS 231.210  Director: Appointment; classification; restrictions on other employment.  The Director:

      1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:

      (a) Voting members of the Commission on Tourism;

      (b) Chair of the Board of Museums and History;

      (c) Chair of the Nevada Indian Commission; and

      (d) Chair of the Board of the Nevada Arts Council.

      2.  Is in the unclassified service of the State.

      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.

      (Added to NRS by 1983, 1162; A 1985, 404; 1997, 616; 2007, 999; 2011, 2938; 2013, 123; 2015, 74)

      NRS 231.220  Director: Powers and duties.  The Director shall direct and supervise all administrative and technical activities of the Department, including coordinating its plans for tourism, publications and cultural affairs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to travel, tourism and cultural affairs. In addition to other powers and duties, the Director:

      1.  Shall attend all appropriate meetings of the Department and appoint a staff member to act as Secretary, keeping minutes and audio recordings or transcripts of all appropriate proceedings.

      2.  Shall report regularly to the commissions, divisions and council of the Department concerning the administration of the policies and programs of the Department.

      3.  May perform any other lawful acts which he or she considers necessary to carry out the provisions of NRS 231.161 to 231.360, inclusive.

      (Added to NRS by 1983, 1163; A 2001, 2829; 2005, 1406; 2007, 999; 2011, 2939)

      NRS 231.230  Employment of staff and consultants; contracts with public and private entities; classification of employees.

      1.  The Department through the Director may:

      (a) Employ such professional, technical, clerical and operational employees as the operation of the Department may require; and

      (b) Employ such experts, researchers and consultants and enter into such contracts with any public or private entities as may be necessary to carry out the provisions of NRS 231.161 to 231.360, inclusive.

      2.  Except as otherwise provided in subsection 3, the clerical employees of the Department are in the classified service of the State.

      3.  The Director may appoint to the Department employees in either the classified or unclassified service of the State, in accordance with the historical manner of categorization, unless state or federal law or regulation requires otherwise.

      (Added to NRS by 1983, 1163; A 2007, 999; 2011, 2939)

      NRS 231.235  Director: Use of records and assistance of other state agencies.  In performing his or her duties, the Director shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the Director with data and other information from their records bearing on the objectives of the Department. The Director shall avail himself or herself of records and assistance of such other state agencies as might make a contribution to the work of the Department.

      (Added to NRS by 1983, 1165; A 2007, 1000; 2011, 2941)—(Substituted in revision for NRS 231.300)

      NRS 231.240  Fees for materials prepared for distribution.

      1.  The Director may charge reasonable fees for materials prepared for distribution.

      2.  All such fees must be deposited with the State Treasurer for credit to the Department. The fees must first be expended exclusively for materials and labor incident to preparing and printing those materials for distribution. Any remaining fees may be expended, in addition to any other money appropriated, for the support of the Department.

      (Added to NRS by 1983, 1164; A 2007, 1000; 2011, 2939)

      NRS 231.250  Fund for the Promotion of Tourism.  The Fund for the Promotion of Tourism is hereby created as a special revenue Fund. The money in the Fund is hereby appropriated for the support of the Department or for any other purpose authorized by the Legislature.

      (Added to NRS by 1983, 476; A 1983, 1174; 2011, 2940; 2015, 2206)

Division of Tourism

      NRS 231.260  Duties.  The Department, through the Division of Tourism, shall:

      1.  Promote this State so as to increase the number of domestic and international tourists.

      2.  Promote special events and exhibitions which are designed to increase tourism.

      3.  Develop a State Plan to Promote Travel and Tourism in Nevada.

      4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this State or lengthen their stay.

      5.  Provide and administer grants of money or matching grants to political subdivisions of the State, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:

      (a) Developing local programs for marketing and advertising which are consistent with the State Plan.

      (b) Promoting specific events and attractions in their communities.

      (c) Evaluating the effectiveness of the local programs and events.

Ê Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than 55,000, the Division of Tourism may, if convinced that the recipient is financially unable to do so, provide a grant with less than equal matching money provided by the recipient.

      6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the State. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the Division of Tourism.

      7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

      8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

      9.  Prepare and publish brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

      10.  Publish or cause to be published a magazine to be known as the Nevada Magazine. The Nevada Magazine must contain materials which educate the general public about this State and thereby foster awareness and appreciation of Nevada’s heritage, culture, historical monuments, natural wonders and natural resources.

      (Added to NRS by 1983, 1163; A 1989, 553, 1912; 2001, 1962; 2011, 1153, 2940; 2013, 3824)

      NRS 231.270  Formation of councils on tourism; production of promotional films; dissemination of information.  In addition to its other duties, the Division of Tourism may:

      1.  Form a statewide council or regional councils on tourism, whose members include representatives from businesses, trade associations and governmental agencies, to provide for exchange of information and coordination of programs on travel and tourism.

      2.  Produce or cooperate in the production of promotional films which are suitable for broadcasting on television and presenting to organizations involved in travel or tourism.

      3.  Establish an office or offices which, by brochure, telephone, press release, videotape and other means, disseminate information on cultural, sporting, recreational and other special events, activities and facilities in the different parts of the State which will attract tourists from inside or outside the State.

      (Added to NRS by 1983, 1164; A 2011, 2940)

      NRS 231.290  Fund for the Nevada Magazine; conditions for trading of advertising services for services or products that benefit Nevada Magazine.

      1.  The Fund for the Nevada Magazine is hereby created as an enterprise fund.

      2.  All receipts from publication of the Nevada Magazine and from any other operation conducted by the magazine must be deposited with the State Treasurer for credit to the Fund, and all other financial activities related to the publication or other operations of the magazine must be accounted for in the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  This section does not preclude Nevada Magazine from trading its advertising services for services or products that promote or benefit Nevada Magazine, including, without limitation, travel services which are required by Nevada Magazine, circulation services, sponsorship of awards, memberships, entry fees for trade shows and advertising services with other publications, if:

      (a) A fair market value can be established for the service or product;

      (b) The trade is accounted for in the Fund; and

      (c) The State Board of Examiners approves the trade.

      (Added to NRS by 1983, 455; A 1987, 834; 1989, 744; 2011, 1774)

      NRS 231.300  Use of records and assistance of other state agencies.  [Replaced in revision by NRS 231.235.]

 

Grant Program for the Development of Projects Relating to Tourism

      NRS 231.310  Definitions.  As used in NRS 231.310 to 231.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 231.320, 231.330 and 231.340 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2827)

      NRS 231.320  “Commission” defined.  “Commission” means the Commission on Tourism created by NRS 231.170.

      (Added to NRS by 2001, 2827; A 2011, 2941)

      NRS 231.330  “Development of projects relating to tourism” defined.  “Development of projects relating to tourism” means the development of publicly owned property, facilities and infrastructure within this State to support and attract visitors to this State.

      (Added to NRS by 2001, 2827)

      NRS 231.340  “Grant Program” defined.  “Grant Program” means the Grant Program administered by the Commission.

      (Added to NRS by 2001, 2827; A 2011, 2941)

      NRS 231.360  Powers and duties of Commission on Tourism: Development and administration of Grant Program for Development of Projects Relating to Tourism; sources of money for Program; administration of account.

      1.  The Commission may provide grants of money to counties, cities, and local and regional organizations in this State for the development of projects relating to tourism to the extent that:

      (a) Money in the Fund for the Promotion of Tourism created by NRS 231.250 is made available for that purpose. The amount of revenue from taxes on the gross receipts from the rental of transient lodging made available for that purpose in any biennium must be determined through the budget process and approved by the Legislature.

      (b) Gifts, grants or other money is made available for that purpose.

      2.  Except as otherwise provided in this subsection, the State Controller shall, upon the request of the Commission, transfer to the State General Fund all money made available for the use of the Commission pursuant to subsection 1. All such money must be accounted for separately in the State General Fund. The State Controller shall not transfer any revenue from taxes on the gross receipts from the rental of transient lodging from the Fund for the Promotion of Tourism to the State General Fund unless the transfer is approved by the Interim Finance Committee.

      3.  The Commission shall administer the account created pursuant to subsection 2 and may make grants only from that account. Any interest earned on the money in the account must be credited to the account quarterly. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

      4.  The Commission shall:

      (a) Develop and administer the Grant Program for the Development of Projects Relating to Tourism;

      (b) Establish guidelines for the submission and review of applications to receive money from the Grant Program;

      (c) Establish the criteria for eligibility to receive money from the Grant Program; and

      (d) Consider and approve or disapprove applications for money from the Grant Program.

      5.  Except as otherwise provided in subsection 6, as a condition of eligibility for a grant from the Commission pursuant to this section, an applicant must provide an amount of money, at least equal to the amount of the grant, for the same purpose.

      6.  If an applicant for a grant is from a county whose population is less than 100,000 and the Commission determines that the applicant is financially unable to provide the matching money otherwise required by subsection 5, the Commission may provide a grant with less than equal matching money provided by the applicant.

      (Added to NRS by 2001, 2828; A 2011, 2941)