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CHAPTER 480, AB 486

Assembly Bill No. 486–Committee on Ways and Means

 

CHAPTER 480

 

[Approved: June 9, 2015]

 

AN ACT relating to insurance; abolishing the Insurance Examination Account; requiring fees currently paid into the Account to be paid into the Fund for Insurance Administration and Enforcement; abolishing certain fees paid into the Insurance Recovery Account; authorizing the Commissioner of Insurance to impose a fee on certain licensees if the balance of the Account is less than a certain amount at the end of a fiscal year; revising initial and annual fees paid by certain insurers; abolishing the Stabilization of Insurance Costs Account and the National Association of Insurance Commissioners Account and certain fees paid into them; repealing certain other fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commissioner of Insurance to examine, at least once every 5 years, the affairs, transactions, accounts, records and assets of each authorized insurer, and of any person as to any matter relevant to the financial affairs of the insurer or to the examination. (NRS 679B.230) An insurer that is examined is required to pay the cost of the examination. (NRS 679B.290) The money paid by insurers for such examinations is deposited in the Insurance Examination Account, and the money in the Account is used to pay for the expenses incurred by examiners and other representatives of the Division of Insurance of the Department of Business and Industry when examining insurers. (NRS 679B.300) Section 1 of this bill abolishes the Account and instead requires money paid by insurers for such examinations to be deposited in the Fund for Insurance Administration and Enforcement. Section 1 also requires the expenses for such examinations to be paid from the Fund.

      Existing law requires: (1) certain annual fees to be paid on or before March 1 of every year; and (2) eligible surplus line insurers, fraternal benefit societies, corporations that operate a hospital, medical or dental service plan, health maintenance organizations, organizations for dental care, prepaid limited health service organizations and certain other insurers to pay to the Commissioner an initial fee of $1,300 and an annual fee of $1,300. (NRS 680C.110) Section 4 of this bill instead requires: (1) certain annual fees to be paid on or before the date established by regulation of the Commissioner; (2) each insurer authorized to transact casualty insurance, health insurance, life insurance or property insurance and each title insurer, fraternal benefit society, corporation that operates a hospital, medical or dental service plan, health maintenance organization, organization for dental care and prepaid limited health service organization to pay to the Commissioner an initial fee of $1,000 and an annual fee determined by the Commissioner; and (3) certain other insurers to pay to the Commissioner an initial fee of $1,300 and an annual fee of $1,300.

      Existing law creates the Insurance Recovery Account in the Fund for Insurance Administration and Enforcement and requires an applicant for the issuance or renewal of certain licenses and certificates to practice certain professions relating to insurance to pay a fee of not more than $15 for deposit in the Insurance Recovery Account. (NRS 679B.305, 683A.251, 683A.261, 683A.271, 683C.030, 683C.035, 683C.040, 685A.120, 695J.110, 695J.140, 696A.300) Sections 5-17 of this bill abolish the

 


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licensing fees paid into the Account. Instead, section 2 of this bill authorizes the Commissioner to impose a fee of not more than $10 on each producer of insurance, insurance adjuster, surplus lines broker, title agent, title insurer and escrow officer in this State if the balance of the Account is below $40,000 at the end of any fiscal year.

      Existing law requires an insurer authorized to transact casualty or property insurance to pay a fee of not more than $500 to the Division. The fee is deposited in the Stabilization of Insurance Costs Account and used to pay the expenses of the Commissioner in carrying out certain requirements relating to the stabilization of insurance costs. (NRS 679B.450) Section 17 repeals this fee and the Account.

      Existing law requires each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care, prepaid limited health service organization and motor club to pay to the Commissioner an annual amount of not more than $30 to cover an assessment levied upon this State by the National Association of Insurance Commissioners. The money is deposited in the National Association of Insurance Commissioners Account. (NRS 680B.070) Section 17 repeals this annual amount and the Account.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 679B.300 is hereby amended to read as follows:

      679B.300  1.  [The Insurance Examination Account is hereby created as an account in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.] All money received by the Commissioner pursuant to NRS 679B.290 must be deposited in the [State Treasury for credit to the Account.] Fund for Insurance Administration and Enforcement created by NRS 680C.100.

      2.  Money for travel, per diem, compensation and other necessary and authorized expenses incurred by an examiner or other representative of the Division in the examination of any person required to pay, and making payment of, the expense of examination pursuant to NRS 679B.290 must be paid out of the Fund for Insurance [Examination Account] Administration and Enforcement as other claims against the State are paid.

      [3.  Money in the Insurance Examination Account may be expended for any other purpose authorized by the Legislature.]

      Sec. 2. NRS 679B.305 is hereby amended to read as follows:

      679B.305  1.  There is hereby created the Insurance Recovery Account in the Fund for Insurance Administration and Enforcement created by NRS 680C.100. [The Commissioner shall promptly deposit with the State Treasurer for credit to the Account all recovery fees received from licensees pursuant to the provisions of this title.]

      2.  A balance of not [more] less than $40,000 must be maintained in the Account to be used for satisfying claims against persons licensed pursuant to chapters 683A, 684A, 685A and 692A of NRS. [Any balance over $40,000 in the Account at the end of any fiscal year must be set aside and used by the Commissioner for insurance education and research or for any other purpose authorized by the Legislature.] Except as otherwise provided in this subsection, if the balance in the Account is less than $40,000 at the end of a fiscal year, the Commissioner may, during the next fiscal year, assess a fee of not more than $10 on each person licensed pursuant to chapter 683A, 684A, 685A or 692A of NRS. The Commissioner shall deposit such fees into the Insurance Recovery Account.

 


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fees into the Insurance Recovery Account. The Commissioner shall not assess a fee pursuant to this subsection in consecutive fiscal years.

      3.  The Commissioner shall adopt reasonable regulations for [the] :

      (a) The administration of the Account, including the manner, time, procedure and grounds for recovery against the Account [.] ; and

      (b) The assessment of a fee pursuant to subsection 2.

      4.  The limit of liability of the insurance recovery account is $5,000 per fiscal year for any one licensee.

      Sec. 3. NRS 679B.460 is hereby amended to read as follows:

      679B.460  1.  An insurer who willfully or repeatedly violates or fails to comply with a provision of NRS 679B.400 to [679B.450,] 679B.440, inclusive, or 690B.260 or a regulation adopted pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to payment of an administrative fine of not more than $1,000 for each day of the violation or failure to comply, up to a maximum fine of $50,000.

      2.  An insurer who fails or refuses to comply with an order issued by the Commissioner pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to suspension or revocation of the insurer’s certificate of authority to transact insurance in this state.

      3.  The imposition of an administrative fine pursuant to this section must not be considered by the Commissioner in any other administrative proceeding unless the fine has been paid or a court order for payment of the fine has become final.

      Sec. 4. NRS 680C.110 is hereby amended to read as follows:

      680C.110  1.  In addition to any other fee or charge, the Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, the fees required by this section.

      2.  A fee required by this section must be:

      (a) If an initial fee, paid at the time of an initial application or issuance of a license, as applicable;

      (b) [If] Except as otherwise provided in NRS 680A.180, 683A.378, 686A.380, 694C.230, 695A.080, 695B.135, 695D.150, 695H.090 and 696A.150, if an annual fee, paid on or before [March 1 of every year;] the date established by regulation of the Commissioner;

      (c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable; and

      (d) Deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.

      3.  The fees required pursuant to this section are not refundable.

      4.  The following fees must be paid by the following persons to the Commissioner:

      (a) Associations of self-insured private employers, as defined in NRS 616A.050:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (b) Associations of self-insured public employers, as defined in NRS 616A.055:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

 


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      (c) Independent review organizations, as provided for in NRS 616A.469 or 683A.3715, or both:

             (1) Initial fee............................................................................................. $60

             (2) Annual fee.......................................................................................... $60

      (d) [Insurers not otherwise provided for in this subsection:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (e)] Producers of insurance, as defined in NRS 679A.117:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(f)](e) Accredited reinsurers, as provided for in NRS 681A.160:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(g)](f) Intermediaries, as defined in NRS 681A.330:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(h)](g) Reinsurers, as defined in NRS 681A.370:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(i)](h) Administrators, as defined in NRS 683A.025:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(j)](i) Managing general agents, as defined in NRS 683A.060:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(k)](j) Agents who perform utilization reviews, as defined in NRS 683A.376:

             (1) Initial fee............................................................................................. $60

             (2) Annual fee.......................................................................................... $60

      [(l)](k) Insurance consultants, as defined in NRS 683C.010:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(m)](l) Independent adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(n)](m) Public adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(o)](n) Associate adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(p)](o) Motor vehicle physical damage appraisers, as defined in NRS 684B.010:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(q)](p) Brokers, as defined in NRS 685A.031:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

 


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      [(r) Eligible surplus line insurers, as provided for in NRS 685A.070:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (s)](q) Companies, as defined in NRS 686A.330:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(t)](r) Rate service organizations, as defined in NRS 686B.020:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(u)](s) Brokers of viatical settlements, as defined in NRS 688C.030:

             (1) Initial fee............................................................................................. $60

             (2) Annual fee.......................................................................................... $60

      [(v)](t) Providers of viatical settlements, as defined in NRS 688C.080:

             (1) Initial fee............................................................................................. $60

             (2) Annual fee.......................................................................................... $60

      [(w)](u) Agents for prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(x)](v) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(y)](w) Sellers of prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(z)](x) Sellers of prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(aa)](y) Providers, as defined in NRS 690C.070:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(bb)](z) Escrow officers, as defined in NRS 692A.028:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(cc)](aa) Title agents, as defined in NRS 692A.060:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(dd)](bb) Captive insurers, as defined in NRS 694C.060:

             (1) Initial fee.......................................................................................... $250

             (2) Annual fee........................................................................................ $250

      [(ee) Fraternal benefit societies, as defined in NRS 695A.010:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

 


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      (ff)](cc) Insurance agents for societies, as provided for in NRS 695A.330:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(gg) Corporations subject to the provisions of chapter 695B of NRS:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (hh) Health maintenance organizations, as defined in NRS 695C.030:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (ii) Organizations for dental care, as defined in NRS 695D.060:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (jj)](dd) Purchasing groups, as defined in NRS 695E.100:

             (1) Initial fee.......................................................................................... $250

             (2) Annual fee........................................................................................ $250

      [(kk)](ee) Risk retention groups, as defined in NRS 695E.110:

             (1) Initial fee.......................................................................................... $250

             (2) Annual fee........................................................................................ $250

      [(ll) Prepaid limited health service organizations, as defined in NRS 695F.050:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      (mm)](ff) Medical discount plans, as defined in NRS 695H.050:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(nn)](gg) Club agents, as defined in NRS 696A.040:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(oo)](hh) Motor clubs, as defined in NRS 696A.050:

             (1) Initial fee....................................................................................... $1,300

             (2) Annual fee.................................................................................... $1,300

      [(pp)](ii) Bail agents, as defined in NRS 697.040:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(qq)](jj) Bail enforcement agents, as defined in NRS 697.055:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(rr)](kk) Bail solicitors, as defined in NRS 697.060:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(ss)](ll) General agents, as defined in NRS 697.070:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      [(tt)](mm) Exchange enrollment facilitators, as defined in NRS 695J.050:

             (1) Initial fee............................................................................................. $60

             (2) Triennial fee....................................................................................... $60

      5.  An initial fee of $1,000 must be paid to the Commissioner by each:

 


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      (a) Insurer who is authorized to transact casualty insurance, as defined in NRS 681A.020;

      (b) Insurer who is authorized to transact health insurance, as defined in NRS 681A.030;

      (c) Insurer who is authorized to transact life insurance, as defined in NRS 681A.040;

      (d) Insurer who is authorized to transact property insurance, as defined in NRS 681A.060;

      (e) Title insurer, as defined in NRS 692A.070;

      (f) Fraternal benefit society, as defined in NRS 695A.010;

      (g) Corporation subject to the provisions of chapter 695B of NRS;

      (h) Health maintenance organization, as defined in NRS 695C.030;

      (i) Organization for dental care, as defined in NRS 695D.060; and

      (j) Prepaid limited health service organization, as defined in NRS 695F.050.

      6.  An insurer who is required to pay an initial fee of $1,000 pursuant to subsection 5 shall also pay to the Commissioner an annual fee in an amount determined by the Commissioner. When determining the amount of the annual fee, the Commissioner must consider:

      (a) The direct written premiums reported to the Commissioner by the insurer during the previous year;

      (b) The number of insurers who are required to pay an annual fee pursuant to this subsection;

      (c) The direct written premiums reported during the previous year by all insurers paying such fees; and

      (d) The budget of the Division.

      7.  An insurer who is not required to pay an initial or annual fee pursuant to subsection 4 or subsections 5 and 6 shall pay to the Commissioner an initial fee of $1,300 and an annual fee of $1,300.

      Sec. 5. NRS 683A.251 is hereby amended to read as follows:

      683A.251  1.  The Commissioner shall prescribe the form of application by a natural person for a license as a resident producer of insurance. The applicant must declare, under penalty of refusal to issue, or suspension or revocation of, the license, that the statements made in the application are true, correct and complete to the best of his or her knowledge and belief. Before approving the application, the Commissioner must find that the applicant has:

      (a) Attained the age of 18 years;

      (b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license;

      (c) Completed a course of study for the lines of authority for which the application is made, unless the applicant is exempt from this requirement;

      (d) Paid all applicable fees prescribed for the license , [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, neither of] which may not be refunded; and

      (e) Successfully passed the examinations for the lines of authority for which application is made, unless the applicant is exempt from this requirement.

      2.  A business organization must be licensed as a producer of insurance in order to act as such. Application must be made on a form prescribed by the Commissioner. Before approving the application, the Commissioner must find that the applicant has:

 


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      (a) Paid all applicable fees prescribed for the license , [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, neither of] which may not be refunded;

      (b) Designated a natural person who is licensed as a producer of insurance and who is authorized to transact business on behalf of the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance; and

      (c) If the business organization has authorized a producer of insurance not designated pursuant to paragraph (b) to transact business on behalf of the business organization, submitted to the Commissioner on a form prescribed by the Commissioner the name of each producer of insurance authorized to transact business on behalf of the business organization.

      3.  A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and

      (b) Submit to the Commissioner:

             (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

             (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

      4.  The Commissioner may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 3, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

      (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

      (c) Adopt regulations concerning the procedures for obtaining this information.

      5.  The Commissioner may require any document reasonably necessary to verify information contained in an application.

      Sec. 6. NRS 683A.261 is hereby amended to read as follows:

      683A.261  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a person who has satisfied the requirements of NRS 683A.241 and 683A.251. A producer of insurance may qualify for a license in one or more of the lines of authority permitted by statute or regulation, including:

 


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      (a) Life insurance on human lives, which includes benefits from endowments and annuities and may include additional benefits from death by accident and benefits for dismemberment by accident and for disability income.

      (b) Accident and health insurance for sickness, bodily injury or accidental death, which may include benefits for disability income.

      (c) Property insurance for direct or consequential loss or damage to property of every kind.

      (d) Casualty insurance against legal liability, including liability for death, injury or disability and damage to real or personal property. For the purposes of a producer of insurance, this line of insurance includes surety indemnifying financial institutions or providing bonds for fidelity, performance of contracts or financial guaranty.

      (e) Variable annuities and variable life insurance, including coverage reflecting the results of a separate investment account.

      (f) Credit insurance, including credit life, credit accident and health, credit property, credit involuntary unemployment, guaranteed asset protection, and any other form of insurance offered in connection with an extension of credit that is limited to wholly or partially extinguishing the obligation which the Commissioner determines should be considered as limited-line credit insurance.

      (g) Personal lines, consisting of automobile and motorcycle insurance and residential property insurance, including coverage for flood, of personal watercraft and of excess liability, written over one or more underlying policies of automobile or residential property insurance.

      (h) Fixed annuities, including, without limitation, indexed annuities, as a limited line.

      (i) Travel and baggage as a limited line.

      (j) Rental car agency as a limited line.

      (k) Portable electronics as a limited line.

      (l) Crop as a limited line.

      2.  A license as a producer of insurance remains in effect unless revoked, suspended or otherwise terminated if a request for a renewal is submitted on or before the date for the renewal specified on the license, all applicable fees for renewal [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account] are paid for each license and each authorization to transact business on behalf of a business organization licensed pursuant to subsection 2 of NRS 683A.251, and any requirement for education or any other requirement to renew the license is satisfied by the date specified on the license for the renewal. A producer of insurance may submit a request for a renewal of his or her license within 30 days after the date specified on the license for the renewal if the producer of insurance otherwise complies with the provisions of this subsection and pays, in addition to any fee paid pursuant to this subsection, a penalty of 50 percent of all applicable renewal fees, except for any fee required pursuant to NRS 680C.110. A license as a producer of insurance expires if the Commissioner receives a request for a renewal of the license more than 30 days after the date specified on the license for the renewal. A fee paid pursuant to this subsection is nonrefundable.

      3.  A natural person who allows his or her license as a producer of insurance to expire may reapply for the same license within 12 months after the date specified on the license for a renewal without passing a written examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

 


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examination or completing a course of study required by paragraph (c) of subsection 1 of NRS 683A.251, but a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110, is required for any request for a renewal of the license that is received after the date specified on the license for the renewal.

      4.  A licensed producer of insurance who is unable to renew his or her license because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

      5.  A license must state the licensee’s name, address, personal identification number, the date of issuance, the lines of authority and the date of expiration and must contain any other information the Commissioner considers necessary. The license must be made available for public inspection upon request.

      6.  A licensee shall inform the Commissioner of each change of business or residence address, in writing or by other means acceptable to the Commissioner, within 30 days after the change. If a licensee changes his or her business or residence address without giving written notice and the Commissioner is unable to locate the licensee after diligent effort, the Commissioner may revoke the license without a hearing. The mailing of a letter by certified mail, return receipt requested, addressed to the licensee at his or her last mailing address appearing on the records of the Division, and the return of the letter undelivered, constitutes a diligent effort by the Commissioner.

      Sec. 7. NRS 683A.271 is hereby amended to read as follows:

      683A.271  1.  Unless the Commissioner refuses to issue the license under NRS 683A.451, the Commissioner shall issue a license as a producer of insurance to a nonresident person if the nonresident person:

      (a) Is currently licensed as a resident and in good standing in his or her home state;

      (b) Has made the proper request for licensure and paid all applicable fees prescribed for the license ; [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account;]

      (c) Has sent to the Commissioner the application for licensure that the nonresident person made in his or her home state, or a completed uniform application; and

      (d) Has a home state which issues nonresident licenses as producers of insurance to residents of this State pursuant to substantially the same procedure.

      2.  The Commissioner may participate with the National Association of Insurance Commissioners or a subsidiary in a centralized registry in which licensing and appointment of producers of insurance may be effected for all states that require licensing and participate in the registry. If the Commissioner finds that participation is in the public interest, the Commissioner may adopt by regulation any uniform standards and procedures necessary for participation, including central collection of fees for licensing and appointment that are handled through the registry.

      3.  A nonresident producer who moves from one state to another state shall file a change of address and certification from the new state of residence within 30 days after the change of legal residence. No fee or application for license is required.

 


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ê2015 Statutes of Nevada, Page 2841 (Chapter 480, AB 486)ê

 

      4.  A nonresident licensed as a producer for surplus lines in his or her home state must be issued a nonresident license of that kind in this State pursuant to subsection 1, subject in all other respects to chapter 685A of NRS. A nonresident licensed as a producer for limited lines in his or her home state is entitled to a nonresident license of that kind in this State pursuant to subsection 1, granting the same scope of authority as the license issued in the home state. As used in this subsection, insurance for limited lines is authority granted by the home state which is restricted to less than the total authority prescribed for the associated major lines pursuant to NRS 683A.261.

      Sec. 8. NRS 683C.030 is hereby amended to read as follows:

      683C.030  1.  An application for a license to act as an insurance consultant must be submitted to the Commissioner on forms prescribed by the Commissioner and must be accompanied by the applicable license fee set forth in NRS 680B.010 [, an additional fee established by the Commissioner of not more than $15 which must be deposited in the Insurance Recovery Account created pursuant to NRS 679B.305] and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. The license fee set forth in NRS 680B.010 [and the additional fee established by the Commissioner of not more than $15 are] is not refundable. If the applicant is a natural person, the application must include the social security number of the applicant.

      2.  An applicant for an insurance consultant’s license must successfully complete an examination and a course of instruction which the Commissioner shall establish by regulation.

      3.  Each license issued pursuant to this chapter is valid for 3 years from the date of issuance or until it is suspended, revoked or otherwise terminated, and each insurance consultant must pay, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      Sec. 9. NRS 683C.035 is hereby amended to read as follows:

      683C.035  1.  The Commissioner shall prescribe the form of application by a natural person for a license as an insurance consultant. The applicant must declare, under penalty of refusal to issue, or suspension or revocation of, the license, that the statements made in the application are true, correct and complete to the best of his or her knowledge and belief. Before approving the application, the Commissioner must find that the applicant has:

      (a) Attained the age of 18 years.

      (b) Not committed any act that is a ground for refusal to issue, or suspension or revocation of, a license pursuant to NRS 683A.451.

      (c) Paid all applicable fees prescribed for the license , [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, none of] which may not be refunded.

      (d) Passed each examination required for the license and successfully completed each course of instruction which the Commissioner requires by regulation, unless the applicant is a resident of another state and holds a similar license in that state.

      2.  A business organization must be licensed as an insurance consultant in order to act as such. Application must be made on a form prescribed by the Commissioner. Before approving the application, the Commissioner must find that the applicant has:

 


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ê2015 Statutes of Nevada, Page 2842 (Chapter 480, AB 486)ê

 

      (a) Paid all applicable fees prescribed for the license , [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account, none of] which may not be refunded; and

      (b) Designated a natural person who is licensed as an insurance consultant in this State and who is affiliated with the business organization to be responsible for the organization’s compliance with the laws and regulations of this State relating to insurance.

      3.  The Commissioner may require any document reasonably necessary to verify information contained in an application.

      4.  A license issued pursuant to this chapter is valid for 3 years after the date of issuance or until it is suspended, revoked or otherwise terminated.

      5.  An insurance consultant may qualify for a license pursuant to this chapter in one or more of the lines of authority set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 683A.261.

      Sec. 10. NRS 683C.040 is hereby amended to read as follows:

      683C.040  1.  A license may be renewed for additional 3-year periods by submitting to the Commissioner an application for renewal and:

      (a) If the application is made:

             (1) On or before the expiration date of the license, all applicable renewal fees ; [and an additional fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account;] or

             (2) Not more than 30 days after the expiration date of the license, all applicable renewal fees plus any late fee required ; [and an additional fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account;]

      (b) If the applicant is a natural person, the statement required pursuant to NRS 683C.043; and

      (c) If the applicant is a resident, proof of the successful completion of appropriate courses of study required for renewal, as established by the Commissioner by regulation.

      2.  The fees specified in this section are not refundable.

      Sec. 11. NRS 685A.120 is hereby amended to read as follows:

      685A.120  1.  No person may act as, hold himself or herself out as or be a surplus lines broker with respect to subjects of insurance for which this State is the insured’s home state unless the person is licensed as such by the Commissioner pursuant to this chapter.

      2.  Any person who has been licensed by this State as a producer of insurance for general lines for at least 6 months, or has been licensed in another state as a surplus lines broker and continues to be licensed in that state, and who is deemed by the Commissioner to be competent and trustworthy with respect to the handling of surplus lines may be licensed as a surplus lines broker upon:

      (a) Application for a license and payment of all applicable fees for a license ; [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305;]

      (b) Submitting the statement required pursuant to NRS 685A.127; and

      (c) Passing any examination prescribed by the Commissioner on the subject of surplus lines.

      3.  An application for a license must be submitted to the Commissioner on a form designated and furnished by the Commissioner. The application must include the social security number of the applicant.

 


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ê2015 Statutes of Nevada, Page 2843 (Chapter 480, AB 486)ê

 

      4.  A license issued pursuant to this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. The license may be renewed upon submission of the statement required pursuant to NRS 685A.127 and payment of all applicable fees for renewal [and a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305] to the Commissioner on or before the last day of the month in which the license is renewable.

      5.  A license which is not renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

      (a) The statement required pursuant to NRS 685A.127;

      (b) All applicable fees for renewal; and

      (c) A penalty in an amount that is equal to 50 percent of all applicable fees for renewal, except for any fee required pursuant to NRS 680C.110 . [; and

      (d) A fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305.]

      Sec. 12. NRS 695J.110 is hereby amended to read as follows:

      695J.110  [1.]  An applicant for an initial certificate as an exchange enrollment facilitator must:

      [(a)]1.  Be a natural person of not less than 18 years of age;

      [(b)]2.  Apply on a form prescribed by the Commissioner;

      [(c)]3.  Pass a written examination established by the Commissioner by regulation;

      [(d)]4.  Successfully complete a course of instruction established by the Commissioner by regulation;

      [(e)]5.  Submit fingerprints as required pursuant to NRS 695J.120; and

      [(f)]6.  Pay the nonrefundable:

             [(1)](a) Application and certificate fee set forth in NRS 680B.010; and

             [(2)](b) Initial fee set forth in NRS 680C.110 . [; and

             (3) Additional fee of not more than $15 for the processing of the application established pursuant to NRS 695J.270.

      2.  The additional fee for the processing of applications pursuant to subparagraph (3) of paragraph (f) of subsection 1 must be deposited in the Insurance Recovery Account created pursuant to NRS 679B.305.]

      Sec. 13. NRS 695J.140 is hereby amended to read as follows:

      695J.140  1.  A certificate may be renewed for an additional 3-year period by submitting to the Commissioner an application for renewal and:

      (a) If the application is made:

             (1) On or before the expiration date of the certificate, all applicable renewal fees ; [and an additional fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created pursuant to NRS 679B.305;] or

             (2) Except as otherwise provided in subsection 3:

                   (I) Not more than 30 days after the expiration date of the certificate, all applicable renewal fees plus any late fee required ; [and an additional fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created pursuant to NRS 679B.305;] or

 


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ê2015 Statutes of Nevada, Page 2844 (Chapter 480, AB 486)ê

 

                   (II) More than 30 days but not more than 1 year after the expiration date of the certificate, all applicable renewal fees plus a penalty of twice all applicable renewal fees, except for any fee required pursuant to NRS 680C.110.

      (b) Proof of the successful completion of appropriate courses of study required for renewal, as established by the Commissioner by regulation.

      2.  The fees specified in this section are not refundable.

      3.  An exchange enrollment facilitator who is unable to renew his or her certificate because of military service, extended medical disability or other extenuating circumstance may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

      Sec. 14. NRS 695J.270 is hereby amended to read as follows:

      695J.270  1.  The Commissioner shall adopt regulations:

      (a) For establishing and conducting an examination required by this chapter for the initial issuance and renewal of a certificate;

      (b) For the establishment of a course of instruction as required by this chapter for the initial issuance and renewal of a certificate;

      (c) [Establishing the fee required by NRS 695J.110 for the processing of an application;

      (d)] Establishing the fee required by NRS 695J.130 for the administration of the examination; and

      [(e)] (d) For carrying out the provisions of this chapter.

      2.  The Commissioner may contract with a person to perform functions required by this chapter, including, without limitation:

      (a) Administering examinations;

      (b) Providing courses of instruction;

      (c) Processing applications; and

      (d) Collecting fees.

      Sec. 15. NRS 696A.300 is hereby amended to read as follows:

      696A.300  1.  Each license for a club agent issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon submission of the statement required pursuant to NRS 696A.303 and payment to the Commissioner of all applicable fees for renewal . [and a fee established by the Commissioner of not more than $15 for deposit in the insurance recovery account created by NRS 679B.305.] The statement must be submitted and the fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by the statement required pursuant to NRS 696A.303, a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 . [, and the fee established by the Commissioner of not more than $15 for deposit in the insurance recovery account created by NRS 679B.305.]

      3.  In addition to all applicable fees required pursuant to NRS 680C.110 to be deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100, the Commissioner shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as a club agent:

 


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ê2015 Statutes of Nevada, Page 2845 (Chapter 480, AB 486)ê

 

      (a) Application and license.......................................................................... $78

      (b) Appointment by each motor club............................................................. 5

      (c) Triennial renewal of each license............................................................ 78

      Sec. 16.  Any money remaining in the Stabilization of Insurance Costs Account created by NRS 679B.450 or the National Association of Insurance Commissioners Account created by NRS 680B.070 on July 1, 2015, remains in the Fund for Insurance Administration and Enforcement created by NRS 680C.100 and may be used for any other purpose for which any money in the Fund may be used.

      Sec. 17. NRS 679B.450, 680B.070, 684A.160 and 692A.104 are hereby repealed.

      Sec. 18.  This act becomes effective on July 1, 2015.

________

CHAPTER 481, SB 471

Senate Bill No. 471–Committee on Finance

 

CHAPTER 481

 

[Approved: June 9, 2015]

 

AN ACT relating to benefits for public employees; requiring the payment of a subsidy from the State Retirees’ Health and Welfare Benefits Fund on behalf of a retired person whose coverage is provided through the federal TRICARE program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the payment of a subsidy from the State Retirees’ Health and Welfare Benefits Fund for retirees enrolled in Medicare to pay for certain benefits. (NRS 287.046) This bill also requires the payment of this subsidy for retirees, usually retired military servicepersons, who are enrolled in the federal TRICARE program.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 287.046 is hereby amended to read as follows:

      287.046  1.  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who were initially hired before January 1, 2012, and have retired with state service.

      2.  The money assessed pursuant to subsection 1 must be deposited into the Retirees’ Fund and must be based upon a base amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for persons who retired before January 1, 1994, or for persons who retire on or after January 1, 1994, as adjusted by subsection 5.

      3.  Except as otherwise provided in subsections 7 and 8, the portion to be paid to the Program from the Retirees’ Fund on behalf of such persons must be equal to a portion of the cost for each retiree and the retiree’s dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

 


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ê2015 Statutes of Nevada, Page 2846 (Chapter 481, SB 471)ê

 

must be equal to a portion of the cost for each retiree and the retiree’s dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

      4.  Except as otherwise provided in subsection 6, the portion of the amount approved by the Legislature as described in subsection 2 to be paid to the Program from the Retirees’ Fund for persons who retired before January 1, 1994, with state service is the base funding level defined for each year of the plan by the Program.

      5.  Except as otherwise provided in subsection 6, adjustments to the portion of the amount approved by the Legislature as described in subsection 2 to be paid by the Retirees’ Fund for persons who retire on or after January 1, 1994, with state service must be as follows:

      (a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

      (b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      6.  The portion to be paid to the Program from the Retirees’ Fund on behalf of a retired person whose coverage is provided through the TRICARE program, as established pursuant to 32 C.F.R. § 199.17, or provided through the Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., must be:

      (a) For persons who retired before January 1, 1994, the base funding level defined by the Legislature multiplied by 15.

      (b) For persons who retired on or after January 1, 1994, the base funding level defined by the Legislature multiplied by the number of years of service of the person, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of 20 years of service.

Ê The Board may approve the payment of an additional amount to retired persons described in this subsection that is in excess of the amount paid pursuant to paragraph (a) or (b), or both, for those persons from any money that is available for that purpose.

      7.  No money may be paid by the Retirees’ Fund on behalf of a retired person who is initially hired by the State:

      (a) On or after January 1, 2010, but before January 1, 2012, and who:

             (1) Has not participated in the Program on a continuous basis since retirement from such employment; or

             (2) Does not have at least 15 years of service, which must include state service and may include local governmental service, unless the retired person does not have at least 15 years of service as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since retirement from such employment.

      (b) On or after January 1, 2012. The provisions of this paragraph must not be construed to prohibit a retired person who was hired on or after January 1, 2012, from participating in the Program until the retired person is eligible for coverage under an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

 


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ê2015 Statutes of Nevada, Page 2847 (Chapter 481, SB 471)ê

 

January 1, 2012, from participating in the Program until the retired person is eligible for coverage under an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. The retired person shall pay the entire premium or contribution for his or her participation in the Program.

      8.  If the amount calculated pursuant to subsection 5 or 6 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

      9.  For the purposes of this section:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of service.

      10.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and the retired participant’s dependents to the retired participant and to the retired participant’s dependents who elect to continue coverage under the Program after the retired participant’s death.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 482, SB 492

Senate Bill No. 492–Committee on Finance

 

CHAPTER 482

 

[Approved: June 9, 2015]

 

AN ACT relating to off-highway vehicles; revising provisions relating to fees collected by the Department for the titling and registration of off-highway vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the registration of certain off-highway vehicles. Existing law also authorizes the Department of Motor Vehicles to issue to the owner of an off-highway vehicle a certificate of title for the vehicle under certain circumstances. (NRS 490.082)

      Existing law requires the Department to deposit the fees collected for issuing a certificate of title for an off-highway vehicle into the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration. (NRS 490.084) Money in the Account must be used to pay the expenses of administering the titling and registration of off-highway vehicles. (NRS 490.085) Fees collected for the annual registration of an off-highway vehicle must be distributed as follows: (1) fifteen percent must be deposited in the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration; and (2) to the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 85 percent must be deposited into the Account for Off-Highway Vehicles. Fees in the latter Account may be used by the Commission on Off-Highway Vehicles for certain administrative costs and to award grants for certain purposes related to off-highway vehicles. (NRS 490.069) Section 3 of this bill requires that all the money collected by the Department for titling and registration must be deposited in the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration. Section 4 of this bill requires the Department, at least once each fiscal quarter, to transfer any amount in excess of $150,000 from the Revolving Account into the Account for Off-Highway Vehicles for use by the Commission.

 


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ê2015 Statutes of Nevada, Page 2848 (Chapter 482, SB 492)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 490.070 is hereby amended to read as follows:

      490.070  1.  Upon the request of an off-highway vehicle dealer, the Department may authorize the off-highway vehicle dealer to receive and submit to the Department applications for the:

      (a) Issuance of certificates of title and registration for off-highway vehicles; and

      (b) Renewal of registration for off-highway vehicles.

      2.  An authorized dealer shall:

      (a) Except as otherwise provided in [paragraph (b) and] subsection 4, submit to the State Treasurer for allocation to the Department [or to the Account for Off-Highway Vehicles created by NRS 490.069] all fees collected by the authorized dealer from each applicant and properly account for those fees each month;

      (b) [Submit to the State Treasurer for deposit into the Account for Off-Highway Vehicles all fees charged and collected and required to be deposited in the Account pursuant to NRS 490.084;

      (c)] Comply with the regulations adopted pursuant to subsection 5; and

      [(d)](c) Bear any cost of equipment which is required to receive and submit to the Department the applications described in subsection 1, including any computer software or hardware.

      3.  Except as otherwise provided in subsection 4, an authorized dealer is not entitled to receive compensation for the performance of any services pursuant to this section.

      4.  An authorized dealer may charge and collect a fee of not more than $2 for each application for a certificate of title or registration received by the authorized dealer pursuant to this section. An authorized dealer may retain any fee collected by the authorized dealer pursuant to this subsection.

      5.  The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:

      (a) The expedient and secure issuance of:

             (1) Forms for applying for the issuance of certificates of title for, or registration of, off-highway vehicles;

             (2) Certificates of title and registration by the Department to each applicant whose application is approved by the Department; and

             (3) Renewal notices for registrations before the date of expiration of the registrations;

      (b) The renewal of registrations by mail or the Internet;

      (c) The collection of a fee of not less than $20 or more than $30 for the renewal of a registration of an off-highway vehicle pursuant to NRS 490.082 or 490.0825;

      (d) The submission by mail or electronic transmission to the Department of an application for:

             (1) The issuance of a certificate of title for, or registration of, an off-highway vehicle; or

             (2) The renewal of registration of an off-highway vehicle;

      (e) The replacement of a lost, damaged or destroyed certificate of title or registration certificate, sticker or decal; and

 


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ê2015 Statutes of Nevada, Page 2849 (Chapter 482, SB 492)ê

 

      (f) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 490.084 is hereby amended to read as follows:

      490.084  1.  The Department shall determine the fee for issuing a certificate of title for an off-highway vehicle, but such fee must not exceed the fee imposed for issuing a certificate of title pursuant to NRS 482.429. Money received from the payment of the fees described in this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      2.  The Commission shall determine the fee for the annual registration of an off-highway vehicle pursuant to NRS 490.082 or 490.0825, but such fee must not be less than $20 or more than $30. Money received from the payment of the fees described in this subsection must be [distributed as follows:

      (a) During the period beginning on July 1, 2012, and ending on June 30, 2013:

             (1) Eighty-five percent must be] deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

             [(2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 15 percent must be deposited into the Account for Off-Highway Vehicles created by NRS 490.069.

      (b) On or after July 1, 2013:

             (1) Fifteen percent must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

             (2) To the extent that any portion of the fee for registration is not for the operation of the off-highway vehicle on a highway, 85 percent must be deposited into the Account for Off-Highway Vehicles.]

      Sec. 4. NRS 490.085 is hereby amended to read as follows:

      490.085  1.  The Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration is hereby created in the State Highway Fund.

      2.  [The] Except as otherwise provided in subsection 3, the Department shall use the money in the Account to pay the expenses of administering the provisions of this chapter relating to the titling and registration of off-highway vehicles.

      3.  [Money in the Account must be used only for the purposes specified in subsection 2.] At least once each fiscal quarter, the Department shall transfer any amount in excess of $150,000 in the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration into the Account for Off-Highway Vehicles created by NRS 490.069.

      4.  Any money remaining in the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration at the end of a fiscal year does not revert to the State Highway Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 5.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 2850ê

 

CHAPTER 483, SB 513

Senate Bill No. 513–Committee on Finance

 

CHAPTER 483

 

[Approved: June 9, 2015]

 

AN ACT relating to programs for public personnel; revising provisions relating to the subsidy paid for benefits for certain state employees who return to work for the State after a break in service; establishing for the 2015-2017 biennium the subsidies to be paid to the Public Employees’ Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Until 2011, existing law provided for a subsidy to be paid on behalf of retirees who continued to participate in the Public Employees’ Benefits Program. Existing law creates the State Retirees’ Health and Welfare Benefits Fund which was created to set aside financial assets designated to offset the amount paid for such benefits. (NRS 287.0436, 287.04364) In 2011, the Legislature amended provisions of existing law to exclude employees of the State who were initially hired on or after January 1, 2012, from receiving a subsidy. In addition, an employee of the State initially hired on or after July 1, 2010, but before July 1, 2012, was made ineligible from receiving a subsidy to participate in the Public Employees’ Benefits Program if the employee had not participated in the Program on a continuous basis since retirement from such employment, or had less than 15 years of service and continuous participation in the Program, except in certain limited circumstances. (Chapters 453 and 503, Statutes of Nevada 2011) An employee initially hired before July 1, 2010, however, continues to receive the subsidy so long as the employee is continuously employed. (NRS 287.046) By regulation, the Board of the Public Employees’ Benefits Program has defined the term “initial date of hire” to mean the first date on which a person who is eligible to participate in the Program earns service credit during the person’s last period of continuous employment with a public employer. (NAC 287.059) The term “continuous employment” is defined by regulation as employment that is not interrupted by a break of 1 year or more. (NAC 287.021) Therefore, a person who worked as an employee of the State for many years before January 1, 2012, who has a break in service of longer than 1 year and then returns to work in state government will lose any subsidy that would have otherwise been paid, on behalf of the person when he or she retires, had the person not returned to state government employment. Section 1 of this bill provides an exemption from this provision for former employees of the State so that if such a former employee returns to work for the same or another participating state agency after a break in service of more than 1 year, the employee does not risk losing the subsidy that would otherwise be paid towards his or her health benefits upon retirement. The exemption does not apply, however, if the employee withdrew from or was not eligible to participate in the Public Employees’ Retirement System before the break in service, and the exemption does not provide for a subsidy to be paid for any person employed on or after January 1, 2012. Section 2 of this bill establishes the amount of the State’s share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees’ Benefits Program. Section 3 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 3 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.

 


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ê2015 Statutes of Nevada, Page 2851 (Chapter 483, SB 513)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 287.046 is hereby amended to read as follows:

      287.046  1.  The Department of Administration shall establish an assessment that is to be used to pay for a portion of the cost of premiums or contributions for the Program for persons who were initially hired before January 1, 2012, and have retired with state service.

      2.  The money assessed pursuant to subsection 1 must be deposited into the Retirees’ Fund and must be based upon a base amount approved by the Legislature each session to pay for a portion of the current and future health and welfare benefits for persons who retired before January 1, 1994, or for persons who retire on or after January 1, 1994, as adjusted by subsection 5.

      3.  Except as otherwise provided in subsections 7 and [8,] 9, the portion to be paid to the Program from the Retirees’ Fund on behalf of such persons must be equal to a portion of the cost for each retiree and the retiree’s dependents who are enrolled in the plan, as defined for each year of the plan by the Program.

      4.  Except as otherwise provided in subsection 6, the portion of the amount approved by the Legislature as described in subsection 2 to be paid to the Program from the Retirees’ Fund for persons who retired before January 1, 1994, with state service is the base funding level defined for each year of the plan by the Program.

      5.  Except as otherwise provided in subsection 6, adjustments to the portion of the amount approved by the Legislature as described in subsection 2 to be paid by the Retirees’ Fund for persons who retire on or after January 1, 1994, with state service must be as follows:

      (a) For each year of service less than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be reduced by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 75 percent of the base funding level defined by the Legislature.

      (b) For each year of service greater than 15 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, the portion paid by the Retirees’ Fund must be increased by an amount equal to 7.5 percent of the base funding level defined by the Legislature. In no event may the adjustment exceed 37.5 percent of the base funding level defined by the Legislature.

      6.  The portion to be paid to the Program from the Retirees’ Fund on behalf of a retired person whose coverage is provided through the Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., must be:

      (a) For persons who retired before January 1, 1994, the base funding level defined by the Legislature multiplied by 15.

      (b) For persons who retired on or after January 1, 1994, the base funding level defined by the Legislature multiplied by the number of years of service of the person, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of 20 years of service.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2852 (Chapter 483, SB 513)ê

 

Ê The Board may approve the payment of an additional amount to retired persons described in this subsection that is in excess of the amount paid pursuant to paragraph (a) or (b), or both, for those persons from any money that is available for that purpose.

      7.  [No] Except as otherwise provided in subsection 8, no money may be paid by the Retirees’ Fund on behalf of a retired person who is initially hired by the State:

      (a) On or after January 1, 2010, but before January 1, 2012, and who:

             (1) Has not participated in the Program on a continuous basis since retirement from such employment; or

             (2) Does not have at least 15 years of service, which must include state service and may include local governmental service, unless the retired person does not have at least 15 years of service as a result of a disability for which disability benefits are received under the Public Employees’ Retirement System or a retirement program for professional employees offered by or through the Nevada System of Higher Education, and has participated in the Program on a continuous basis since retirement from such employment.

      (b) On or after January 1, 2012. The provisions of this paragraph must not be construed to prohibit a retired person who was hired on or after January 1, 2012, from participating in the Program until the retired person is eligible for coverage under an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq. The retired person shall pay the entire premium or contribution for his or her participation in the Program.

      8.  The provisions of subsection 7 do not apply to a person who was employed by the State on or before January 1, 2012, who has a break in service and returns to work for the State at the same or another participating state agency after that date, regardless of the length of the break in service, so long as the person did not withdraw from and was eligible to participate in the Public Employees’ Retirement System before or during the break in service.

      9.  If the amount calculated pursuant to subsection 5 or 6 exceeds the actual premium or contribution for the plan of the Program that the retired participant selects, the balance must be credited to the Program Fund.

      [9.]10.  For the purposes of this section:

      (a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.

      (b) No proration may be made for a partial year of service.

      [10.]11.  The Department shall agree through the Board with the insurer for billing of remaining premiums or contributions for the retired participant and the retired participant’s dependents to the retired participant and to the retired participant’s dependents who elect to continue coverage under the Program after the retired participant’s death.

      Sec. 2.  1.  For the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

      (a) For the Fiscal Year 2015-2016, $701.73 per month.

      (b) For the Fiscal Year 2016-2017, $699.25 per month.

      2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2853 (Chapter 483, SB 513)ê

 

Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees’ Benefits Program to be paid by the State or a local government, as applicable, is:

      (a) For the Fiscal Year 2015-2016, $425.57 per month.

      (b) For the Fiscal Year 2016-2017, $451.15 per month.

      2.  For the purposes of NRS 287.023 and 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees’ Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2015-2016 and Fiscal Year 2016-2017 to be paid by the State or a local government, as applicable, is:

      (a) For those persons who retired before January 1, 1994:

             (1) For the Fiscal Year 2015-2016, $165 per month.

             (2) For the Fiscal Year 2016-2017, $180 per month.

      (b) For those persons who retired on or after January 1, 1994:

             (1) For the Fiscal Year 2015-2016, $11 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $220 per month.

             (2) For the Fiscal Year 2016-2017, $12 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $240 per month.

      3.  If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435.

      Sec. 4.  The provisions of section 1 of this act apply to an employee who is reemployed by the State before, on or after July 1, 2015.

      Sec. 5.  This act becomes effective on July 1, 2015.

________

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2854ê

 

CHAPTER 484, AB 490

Assembly Bill No. 490–Committee on Ways and Means

 

CHAPTER 484

 

[Approved: June 9, 2015]

 

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2015-2017 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; requiring repayment of certain advances to state agencies; and providing other matters properly relating thereto.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2015-2016 and Fiscal Year 2016-2017 by the various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:

                                                                                2015-2016                  2016-2017

Governor’s Office:

      High Level Nuclear Waste                             $541,404                     $541,404

      Washington Office                                             259,433                       259,433

      Governor’s Office of Energy                        1,606,121                    1,693,991

      Renewable Energy, Efficiency and Conservation Loan               1,583,126 682,451

      Renewable Energy Fund                             10,473,910                 11,194,548

Commission on Ethics:

      Ethics Commission                                          $664,991                     $653,445

Attorney General’s Office:

      Office of the Extradition Coordinator           $90,950                       $90,950

      Attorney General Administration Account 16,386,500               16,568,020

      Special Litigation Account                               195,728                       209,326

      Workers’ Comp Fraud                                   3,957,076                    3,859,950

      Crime Prevention Program                                 38,151                         36,499

      Medicaid Fraud Control Unit                       3,773,823                    3,800,756

      Bureau of Consumer Protection                  5,760,487                    5,224,893

      Violence Against Women Grants                 2,182,248                    2,192,983

      Advisory Council for Prosecuting Attorneys 397,085                       400,773

      Victims of Domestic Violence                         447,865                       409,493

      Attorney General Tort Claim Fund             8,431,005                    8,418,992

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2855 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      National Settlement Administration       $17,585,342               $10,839,356

Office of the State Controller:

      Controller’s Office                                           $955,745                     $959,637

      Debt Recovery Account                                1,980,018                    4,078,546

Office of the Secretary of State:

      Secretary of State                                         $1,350,013                 $1,512,209

      HAVA Election Reform                                1,752,201                       990,775

Office of the State Treasurer:

      State Treasurer                                              $2,208,760                 $2,209,599

      Treasurer Higher Education Tuition Administration 631,893          657,001

      Bond Interest and Redemption               278,726,599               294,070,724

      Municipal Bond Bank Revenue                27,605,489                 26,416,978

      Municipal Bond Bank Debt Service         27,778,900                 26,589,800

      Millennium Scholarship Administration        357,918                       361,243

      Nevada College Savings Trust                     3,617,040                    1,619,982

      Endowment Account                                   10,082,257                 10,834,989

      Unclaimed Property                                       2,022,986                    2,058,152

Department of Administration:

      Director’s Office                                               $692,335                     $691,845

      Hearings Division                                            4,766,883                    4,682,249

      Insurance and Loss Prevention                 26,371,943                 26,309,568

      Fleet Services Division                                   6,419,505                    6,172,345

      Fleet Services Capital Purchase                   2,662,044                    2,415,799

      Purchasing Division                                        3,076,018                    3,072,914

      Victims of Crime                                          16,601,398                 16,312,657

      State Public Works Division – Administration 963,421                 1,056,527

      State Public Works Division – Buildings and Grounds                18,543,764 18,470,621

      State Public Works Division – Engineering and Planning              4,441,143 4,514,030

      State Public Works Division – Marlette Lake 1,506,591               1,447,298

      State Unemployment Compensation         3,543,952                    2,537,736

      Human Resource Management                  9,872,012                 10,376,525

      Administrative Services Division                 3,117,433                    3,010,663

      Application Support                                     10,443,992                 10,813,234

      Office of Chief Information Officer           1,988,893                    1,851,846

      Computer Facility                                        15,397,283                 15,648,523

      Data Communications and Network Engineering 5,876,649       5,632,178

      Telecommunications                                     4,163,535                    4,149,390

      Network Transport Services                          4,195,908                    5,114,961

      Security                                                             2,007,584                    2,089,868

      Nevada State Library                                    1,867,267                    1,867,267

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2856 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Nevada State Library – Archives and Public Records                      $78,997 $79,133

      Nevada State Library – CLAN                        368,672                       372,192

      Nevada State Library – Mail Services        7,437,694                    7,271,724

      Nevada State Library – Mail Services Equipment 221,668             175,068

      Nevada State Library – IPS Equipment/Software 36,243                  41,243

Supreme Court of Nevada:

      Administrative Office of the Courts         $5,062,476                 $4,445,691

      Judicial Programs and Services Division        418,053                       418,053

      Uniform System of Judicial Records          2,547,182                    1,826,933

      Judicial Education                                          1,397,582                    1,172,510

      Foreclosure Mediation Program                   2,095,874                    1,491,786

      Judicial Support, Governance and Special Events 465,714             627,694

      Supreme Court                                                6,030,627                    6,090,304

      Specialty Court                                               6,912,079                    6,120,122

      Senior Justice and Senior Judge Program      501,146                       505,498

      Supreme Court Law Library                                 2,697                            2,697

Department of Tourism and Cultural Affairs:

      Tourism Development Fund                    $24,791,713               $24,567,452

      Tourism Development                                      105,480                       105,480

      Nevada Magazine                                          1,344,696                    1,401,062

      Museums and History Administration           207,926                       208,822

      Lost City Museum                                             282,054                       289,100

      Nevada Historical Society                                288,568                       300,740

      Nevada State Museum, Carson City             959,981                       962,896

      Nevada State Museum, Las Vegas                841,606                       859,628

      State Railroad Museums                                  822,214                       830,508

      Nevada Arts Council                                      1,695,912                    1,706,205

      Nevada Indian Commission                              66,961                         70,497

Governor’s Office of Economic Development:

      Governor’s Office of Economic Development $185,000               $185,000

      Nevada Film Office                                           866,491                       793,669

      Rural Community Development                 2,578,883                    2,578,535

      Procurement Outreach Program                      467,907                       467,907

      Nevada SSBCI Program                               5,693,131                    3,391,834

      Nevada Catalyst Fund                                        50,773                    7,069,223

      Nevada Knowledge Fund                              4,213,212                    4,987,638

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2857 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

Department of Taxation:

      Department of Taxation                                $905,921                     $913,520

Legislative Counsel Bureau:

      Legislative Counsel Bureau                           $936,124                     $613,633

      Printing Office                                                 3,043,198                    3,227,470

Commission on Peace Officers’ Standards and Training:

      Peace Officers’ Standards and Training Commission                 $2,390,338 $2,414,983

Department of Veterans Services:

      Commissioner for Veterans Affairs          $1,925,342                 $2,025,565

      Veterans Home Account                            26,073,672                 25,377,267

Department of Education:

      Educational Trust Account                            $589,852                     $602,622

      Career and Technical Education                 8,126,403                    8,144,054

      Gear Up                                                            5,999,095                    6,000,941

      Continuing Education                                    5,549,117                    5,554,112

      Educator Licensure                                        2,797,349                    2,809,324

      Parental Involvement and Family Engagement 8,039                          8,327

      Office of Early Learning and Development 12,745,250             15,980,189

      Student and School Support                    138,253,490               138,280,859

      Literacy Programs                                        14,413,489                    3,562,041

      Individuals with Disabilities Education Act (IDEA) 72,835,962 72,718,881

      District Support Services                                   540,974                       556,035

      Department Support Services                       4,887,592                    5,786,634

      Data Systems Management                            453,622                       117,272

      Standards and Instructional Support          1,094,764                    1,097,024

      Educator Effectiveness                               11,098,665                 10,476,484

      Assessments and Accountability                 5,120,989                    4,785,395

State Public Charter School Authority:

      State Public Charter School Authority     $7,979,472                 $9,241,650

      Public Charter School Loan Program             559,922                       422,725

Nevada System of Higher Education (NSHE):

      University of Nevada, Reno                    $89,426,068               $97,209,619

      School of Medical Sciences                          5,629,781                    5,725,420

      System Administration                                     231,247                       226,344

      University of Nevada, Las Vegas           111,308,283               114,472,081

      Agriculture Experiment Station                    1,710,261                    1,710,261

      Cooperative Extension Service                    1,880,993                    1,880,993

      Education for Dependent Children                   28,962                         11,862

      UNLV Law School                                         4,082,902                    4,220,633

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2858 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Great Basin College                                     $3,990,304                 $4,140,149

      UNLV Dental School                                     8,611,155                    8,927,887

      Nevada State College                                    6,690,364                    6,896,948

      Desert Research Institute                                  148,486                       148,486

      College of Southern Nevada                      45,031,760                 46,720,440

      Western Nevada College                               4,734,003                    4,929,890

      Truckee Meadows Community College  12,835,874                 13,235,312

Western Interstate Commission for Higher Education:

      Loan and Stipend                                            $338,460                     $367,178

Commission on Postsecondary Education:

      Commission on Postsecondary Education $103,131                     $103,131

Department of Health and Human Services Administration:

      Office of the State Public Defender          $1,206,871                 $1,214,545

      Health and Human Services Administration 307,545                       379,144

      Developmental Disabilities                               447,537                       453,507

      Grants Management Unit                           26,910,301                 26,828,572

      Director’s Office – Problem Gambling        1,877,534                    1,842,846

      Children’s Trust Account                              1,164,588                    1,240,564

      Consumer Health Assistance                           901,771                       913,744

      Indigent Hospital Care                                13,859,472                 14,364,409

      IDEA Part C Compliance                              3,997,130                    4,007,701

      Upper Payment Limit Holding Account     2,065,240                    1,993,900

Division of Health Care Financing and Policy:

      Intergovernmental Transfer Program  $179,957,020             $154,319,612

      Division of Health Care Financing and Policy Administration 141,436,452 149,769,020

      Increased Quality of Nursing Care            30,831,193                 31,118,508

      Nevada Check-Up Program                       30,904,077                 36,158,089

      Nevada Medicaid                                   2,663,654,415            2,635,872,916

Division of Public and Behavioral Health:

      Behavioral Health:

             Southern Nevada Adult Mental Health Services $16,740,955 $16,101,252

             Northern Nevada Adult Mental Health Services 8,323,983   8,252,277

             Behavioral Health Administration           640,642                       663,316

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2859 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

             Behavioral Health Prevention and Treatment $27,016,569 $26,486,416

             Alcohol Tax Program                              1,407,602                    1,058,209

             Facility for the Mental Offender           1,866,230                    1,860,894

             Rural Clinics                                              5,538,750                    5,479,484

      Public Health:

             Radiation Control                                  $4,537,686                 $4,536,115

             Low-Level Radioactive Waste Fund       217,531                       217,531

             Child Care Services                                  1,674,858                    1,811,167

             Cancer Control Registry                          1,151,774                       950,948

             Health Statistics and Planning               2,440,673                    2,442,415

             Consumer Health Protection                  2,295,087                    2,161,470

             Immunization Program                           4,682,954                    4,468,155

             WIC Food Supplement                         69,511,922                 69,511,922

             Communicable Diseases                      15,987,845                 15,987,845

             Health Facilities Hospital Licensing   17,783,586                 16,992,286

             Health Facilities Administrative Penalty   50,000                         50,000

             Public Health Preparedness Program 10,166,005                 10,149,854

             Chronic Disease                                        7,349,886                    7,895,392

             Biostatistics and Epidemiology             4,547,260                    4,596,752

             Maternal Child Health Services             6,919,555                    6,919,555

             Office of Health Administration           6,031,698                    6,263,143

             Community Health Services                  2,581,412                    2,583,667

             Emergency Medical Services                     310,730                       310,754

            Marijuana Health Registry                     2,089,894                    2,980,802

             Medical Marijuana Establishments      1,614,993                    1,733,280

Division of Welfare and Supportive Services:

      Welfare Administration                            $33,957,383               $31,989,854

      Temporary Assistance for Needy Families 22,543,581               23,177,437

      Welfare Field Services Account                 77,868,260                 80,390,989

      Child Support Enforcement Program       17,981,172                 18,148,893

      Child Support Federal Reimbursement    25,925,350                 27,247,823

      Welfare – Child Assistance and Development 35,413,006         36,462,399

      Welfare – Energy Assistance Program     23,632,584                 24,551,473

Aging and Disability Services Division:

      Tobacco Settlement Program                    $6,211,654                 $6,211,654

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2860 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Federal Programs and Administration   $19,615,756               $19,090,530

      Senior Rx and Disability Rx                         3,325,000                    3,325,000

      Home and Community-Based Services  18,207,184                 21,055,986

      Family Preservation Program                       1,200,000                    1,200,000

      Rural Regional Center                                   7,564,750                    8,685,080

      Desert Regional Center                                54,072,392                 58,250,717

      Sierra Regional Center                                 18,244,017                 20,614,097

      Early Intervention Services                           4,141,589                    4,172,237

Division of Child and Family Services:

      Community Juvenile Justice Programs    $1,284,241                 $1,244,691

      Washoe County Child Welfare                  14,646,632                 15,163,592

      Clark County Child Welfare                      46,762,735                 48,093,198

      UNITY/SACWIS                                            2,777,825                    2,783,508

      Children, Youth and Family Administration 14,103,573            14,109,267

      Youth Alternative Placement                       2,006,984                    2,006,984

      Caliente Youth Center                                      228,779                       228,779

      Victims of Domestic Violence                      3,297,177                    3,205,742

      Rural Child Welfare                                     13,072,232                 13,341,523

      Child Welfare Trust                                           311,614                       311,614

      Transition from Foster Care                         1,964,363                    1,771,543

      Review of Death of Children                           411,058                       426,982

      Nevada Youth Training Center                       297,478                       327,384

      Juvenile Correctional Facility                                       0                         85,848

      Youth Parole Services                                    3,089,902                    3,098,846

      Northern Nevada Child and Adolescent Services 5,735,146        5,773,374

      Southern Nevada Child and Adolescent Services 17,198,649   17,210,178

Adjutant General:

      Office of the Military                                $22,868,083               $20,863,789

      Adjutant General’s Special Armory Account 44,438                         63,458

      Patriot Relief Fund                                               35,319                                    0

      Emergency Operations Center                         545,099                       565,971

Department of Corrections:

      Prison Medical Care                                     $1,260,990                 $1,266,364

      Offenders’ Store Fund                                 19,953,832                 22,077,587

      Office of the Director                                     1,893,971                    1,893,629

      Correctional Programs                                      436,542                       444,777

      Warm Springs Correctional Center                      8,962                            8,864

      Northern Nevada Correctional Center           194,035                       194,732

      Nevada State Prison                                                  950                               950

      Prison Industry                                                5,857,643                    5,888,251

      Stewart Conservation Camp                              90,722                         91,310

      Pioche Conservation Camp                               14,705                         14,705

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2861 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Northern Nevada Restitution Center           $493,247                     $511,075

      Three Lakes Valley Conservation Camp        14,925                         14,989

      Prison Dairy                                                     3,540,434                    3,696,759

      Southern Desert Correctional Center                63,618                         64,560

      Wells Conservation Camp                                    9,332                            9,169

      Humboldt Conservation Camp                         10,764                         10,764

      Ely Conservation Camp                                     12,861                         12,861

      Jean Conservation Camp                                     7,361                            7,408

      Ely State Prison                                                     54,384                         54,420

      Carlin Conservation Camp                                   9,712                            9,712

      Tonopah Conservation Camp                           11,138                         11,234

      Lovelock Correctional Center                         118,028                       118,028

      Casa Grande Transitional Housing                885,549                       888,820

      Florence McClure Women’s Correctional Center 288,329               290,786

      High Desert State Prison                                      88,948                         88,782

      Inmate Welfare Account                              3,581,089                    3,644,268

Commission on Mineral Resources:

      Division of Minerals                                     $2,537,778                 $2,547,236

State Department of Agriculture:

      Agriculture Registration/Enforcement      $3,598,082                 $3,355,594

      Livestock Inspection                                      2,240,522                    2,429,092

      Veterinary Medical Services                            163,167                       163,966

      Consumer Equitability Division                   3,345,084                    2,914,795

      Pest, Plant Disease, Noxious Weed Control 1,037,914                   1,042,835

      Administration                                                2,974,390                    2,325,855

      Predatory Animal and Rodent Control            33,123                         33,123

      Nutrition Education Programs                 127,846,617               127,860,856

      Dairy Commission                                          1,776,960                    1,874,262

      Commodity Food Program                        16,674,419                 15,949,125

Public Utilities Commission:

      Public Utilities Commission                      $14,659,574               $14,124,887

Gaming Control Board:

      Gaming Control Board                             $15,172,818               $15,266,788

      Gaming Control Board Investigation Fund 16,032,079              15,992,193

Department of Public Safety:

      Division of Emergency Management       $4,476,878                 $3,952,534

      Emergency Management Assistance Grants 17,013,850            16,181,385

      Homeland Security                                            252,830                       256,126

      Division of Parole and Probation                 7,627,928                    7,688,875

      Division of Investigations                                 605,209                       605,233

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2862 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Training Division                                                  $3,700                         $3,700

      State Fire Marshal                                          2,169,103                    2,195,636

      Cigarette Fire Safe Standard and Firefighter Support                       236,073 191,465

      Traffic Safety                                                  4,651,420                    4,641,362

      Highway Safety Planning and Administration 3,130,573             3,130,910

      Motorcycle Safety Program                             724,405                       710,218

      Evidence Vault                                                   634,614                       647,660

      Forfeitures – Law Enforcement                   2,352,874                    3,053,156

      NHP K-9 Program                                                34,804                         20,612

      Director’s Office                                              3,083,818                    3,125,953

      Office of Professional Responsibility             769,526                       760,387

      Justice Assistance Act                                    1,217,133                    1,217,133

      Central Repository for Nevada Records of Criminal History    22,094,107 22,911,250

      Nevada Highway Patrol                                5,065,408                    2,890,268

      General Services                                              9,205,079                    9,078,360

      Highway Safety Grants Account                 1,701,247                    1,639,749

      Capitol Police                                                  2,668,526                    2,716,308

      State Emergency Response Commission   2,130,361                    2,116,175

      Justice Assistance Grant Trust                      2,461,820                    2,461,820

      Justice Grant                                                       520,991                       518,773

      Fund for Reentry Programs                                  5,000                            5,000

Colorado River Commission:

      Colorado River Commission                      $9,692,323                 $9,759,073

      Research and Development                         9,998,397                    9,645,703

      Power Delivery System                                33,429,212                 33,141,056

      Power Marketing Fund                                31,154,212                 31,407,132

State Department of Conservation and Natural Resources:

      DEP – Administration                                  $8,278,155                 $7,756,828

      DEP – Air Quality                                           8,618,785                    8,234,478

      DEP – Water Pollution Control                    7,456,969                    7,285,927

      DEP – Waste Management and Corrective Action 13,892,750 13,829,580

      DEP – Mining Regulation/Reclamation     7,307,429                    7,378,263

      DEP – State Revolving Fund – Administration 3,708,153            3,951,077

      DEP – Water Quality Planning                     3,521,775                    3,565,485

      DEP – Safe Drinking Water Regulatory Program 4,941,276         4,883,388

      DEP – Industrial Site Cleanup                      3,420,801                    8,832,551

      Nevada Natural Heritage Program                 794,040                       800,304

      State Environmental Commission                  176,866                       176,866

      Conservation and Natural Resources Administration                      855,154 780,632

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2863 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      DEP – Water Planning Capital Improvement $125,102                 $129,227

      Division of State Parks                                  8,580,852                    8,444,609

      Division of Water Resources                        5,850,627                    4,846,347

      Division of State Lands                                    666,321                       582,723

      Division of Forestry                                        3,026,447                    2,819,366

      Wildland Fire Protection Program                3,627,491                    4,143,542

      Forest Fire Suppression                                  7,848,558                    5,566,777

      Forestry Conservation Camps                     3,704,892                    3,751,424

      State Historic Preservation Office                   820,824                       833,834

      Forestry Nurseries                                           1,169,526                    1,190,675

Tahoe Regional Planning Agency:

      Tahoe Regional Planning Agency           $15,337,693               $15,017,693

Department of Wildlife:

      Director’s Office                                           $4,083,382                 $4,139,627

      Operations                                                        8,435,578                    8,062,045

      Conservation Education                               2,344,534                    2,312,107

      Law Enforcement                                           7,071,507                    7,247,418

      Game Management                                       6,253,842                    6,177,520

      Fisheries Management                                   6,921,108                    6,877,857

      Diversity                                                           1,752,499                    1,728,197

      Habitat                                                             5,914,367                    6,076,025

Department of Business and Industry:

      Nevada Attorney for Injured Workers     $3,525,389                 $3,596,031

      Employee-Management Relations Board    652,671                       794,295

      Financial Institutions Investigations           1,090,022                    1,204,164

      Insurance Regulation                                  14,829,297                 13,220,616

      New Markets Performance Guarantee       5,250,000                                    0

      Manufactured Housing                                 1,684,617                    1,444,477

      Captive Insurers                                              1,302,401                    1,208,268

      Common-Interest Communities                  3,029,695                    2,833,133

      Insurance Recovery                                             40,000                         40,000

      Real Estate Administration                           2,851,759                    2,866,186

      Real Estate Education and Research         1,309,233                    1,398,600

      Real Estate Recovery Account                    1,195,600                    1,069,360

      Financial Institutions                                     6,345,208                    6,408,163

      Low-Income Housing Trust Fund             19,339,194                 19,736,800

      Special Housing Assistance                          2,270,053                       599,999

      Housing Division                                          12,145,553                 12,443,331

      Mobile Home Lot Rent Subsidy                     594,210                       484,474

      Mobile Home Parks                                           401,470                       313,367

      Manufactured Housing Education/Recovery 314,519                     280,886

      Financial Institutions Audit                              283,690                       293,619

      Mortgage Lending                                          4,744,783                    4,339,939

      Transportation Authority                                 360,617                       386,362

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2864 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Transportation Authority Administrative Fines $755,170              $955,429

      Nevada Athletic Commission                      1,784,484                    2,593,559

      Taxicab Authority                                        10,831,955                    8,733,210

      Industrial Relations                                        9,421,406                    8,300,360

      Business and Industry Administration       4,635,170                    4,524,145

      Occupational Safety and Health Enforcement 10,368,559       10,828,248

      Industrial Development Revenue Bonds      710,845                       820,874

      Self-Insured – Workers’ Compensation        564,810                       576,031

      Safety Consultation and Training               3,098,836                    3,187,636

      Mine Safety and Training                             1,418,122                    1,459,843

      Weatherization                                                8,150,877                    6,396,989

Department of Transportation:

      Transportation Administration             $647,704,786             $647,976,854

      Bond Construction                                    100,000,000               150,000,000

Department of Motor Vehicles:

      Records Search                                             $8,067,635                 $8,067,635

      Automation                                                     4,661,912                    4,208,545

      System Modernization                                  4,000,000                    5,800,000

      Motor Carrier                                                   2,396,421                    2,460,560

      Motor Vehicle Pollution Control                11,013,768                 11,798,973

      Verification of Insurance                            11,437,279                 11,437,279

      Hearings Office                                                       3,350                            3,350

      Division of Field Services                            28,809,075                 30,132,146

      Division of Compliance Enforcement           245,005                       248,437

      Division of Central Services and Records  4,994,643                    5,002,909

      Office of the Director                                     1,944,193                    2,074,623

      Division of Administrative Services            9,871,354                 10,441,607

      Management Services                                       433,600                       115,334

      License Plate Factory                                     5,324,119                    8,207,222

Department of Employment, Training and Rehabilitation:

      Nevada Equal Rights Commission              $442,551                     $443,097

      Blind Business Enterprise Program              5,622,218                    5,582,373

      Bureau of Services to the Blind and Visually Impaired                3,507,882 3,570,299

      Bureau of Vocational Rehabilitation       15,188,499                 15,480,138

      Rehabilitation Administration                      1,396,719                    1,420,589

      Disability Adjudication                               18,012,708                 18,327,098

      Administration                                                5,665,016                    5,654,686

      Research and Analysis                                  3,133,378                    3,177,868

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2865 (Chapter 484, AB 490)ê

 

                                                                                2015-2016                  2016-2017

      Information Development and Processing $11,561,523          $12,042,321

      Employment Security                                  88,301,133                 86,587,837

      Employment Security – Special Fund      11,063,239                    2,638,406

Public Employees’ Retirement System:

      Public Employees’ Retirement System  $10,854,205               $11,071,725

Deferred Compensation:

      Deferred Compensation Committee            $475,712                     $427,587

Public Employees’ Benefits Program:

      Public Employees’ Benefits Program   $493,245,086             $477,285,470

      Retired Employee Group Insurance         34,732,498                 36,766,196

      Active Employees’ Group Insurance     205,548,272               213,855,456

Silver State Health Insurance Exchange:

      Silver State Health Insurance Exchange Administration           $7,417,529 $7,787,033

      Sec. 2.  1.  There is hereby appropriated from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products:

      (a) The sum of $773,835 for Fiscal Year 2015-2016 and the sum of $769,919 for Fiscal Year 2016-2017 to support the operation of the Attorney General Administrative Fund.

      (b) The sum of $239,297 for Fiscal Year 2015-2016 and the sum of $246,817 for Fiscal Year 2016-2017 to the Department of Taxation in support of enforcing or otherwise ensuring compliance with the Master Settlement Agreement and deposits by nonparticipating manufacturers into a qualified escrow fund.

      2.  Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:

      (a) Disburse, on or after July 1, 2015, the money appropriated by subsection 1 in its entirety for Fiscal Year 2015-2016 before other disbursements required by law are made;

      (b) Disburse, on or after July 1, 2016, the money appropriated by subsection 1 in its entirety for Fiscal Year 2016-2017 before other disbursements required by law are made; and

      (c) Thereafter in each fiscal year, disburse all other money appropriated from this same source in the manner provided in NRS 439.630.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years reverts as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund and 60 percent to the Fund for a Healthy Nevada.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2866 (Chapter 484, AB 490)ê

 

      4.  Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada created by NRS 439.620 remaining at the end of the respective fiscal years reverts to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.

      Sec. 3.  1.  Expenditure of $29,950,174 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2015-2016.

      2.  Expenditure of $30,523,896 by the State Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2016-2017.

      3.  Except as otherwise provided in subsection 4, any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the State Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 16, 2016, and September 15, 2017, respectively, by either the State Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      4.  Of the amounts authorized for the State Gaming Control Board pursuant to subsections 1 and 2, a total of $2,059,570 in Fiscal Year 2015-2016 and $2,122,469 in Fiscal Year 2016-2017 approved as technology investment request decision units within the State Gaming Control Board budget are available for both Fiscal Year 2015-2016 and Fiscal Year 2016-2017 and may be transferred within the same budget account from one year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the technology investment requests as approved by the Legislature.

      Sec. 4.  1.  Expenditure of $462,531 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2015-2016.

      2.  Expenditure of $464,447 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2016-2017.

      3.  Any balance of the sums authorized by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 16, 2016, and September 15, 2017, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2016, and September 15, 2017, respectively.

      Sec. 5.  The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures from the Legislative Fund and by judicial agencies, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2867 (Chapter 484, AB 490)ê

 

with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 6.  1.  Except as otherwise provided in subsection 2 and section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amount so authorized in sections 1 to 4, inclusive, of this act.

      2.  The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.

      Sec. 7.  Except as otherwise provided in section 8 of this act, subsection 3 of section 9 of this act, sections 11 and 13 to 18, inclusive, of this act and NRS 90.851, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2015-2017 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.

      Sec. 8.  1.  The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:

                                                                                Fiscal Year                  Fiscal Year

                                                                                2015-2016                  2016-2017

University of Nevada, Reno                           $89,102,068               $96,885,619

University of Nevada, Las Vegas                  110,641,483               113,805,281

College of Southern Nevada                            44,743,042                 46,431,722

Western Nevada College                                     4,695,721                    4,890,651

Truckee Meadows Community College         12,727,641                 13,127,195

Great Basin College                                              3,990,304                    4,140,149

Nevada State College                                           6,662,364                    6,868,948

Dental School, UNLV                                           8,611,155                    8,927,887

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2868 (Chapter 484, AB 490)ê

 

                                                                                Fiscal Year                  Fiscal Year

                                                                                2015-2016                  2016-2017

UNLV Law School                                             $4,082,902                 $4,220,633

School of Medical Sciences                                5,628,065                    5,725,420

      2.  The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 30 days after each reporting period, with the first reporting period to cover the July 1, 2015, to December 31, 2015, period, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.

      3.  At the close of Fiscal Year 2015-2016 and Fiscal Year 2016-2017, the amounts authorized for the Nevada System of Higher Education as provided in section 1 of this act, shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized funds approved by the Board of Regents and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2015-2016 and Fiscal Year 2016-2017.

      Sec. 9.  1.  Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:

                                                                                Fiscal Year                  Fiscal Year

                                                                                2015-2016                  2016-2017

Carson City......................................................... $1,167,654                 $1,175,079

Storey County............................................................ 39,217                         39,466

Totals        ........................................................... $1,206,871                 $1,214,545

      2.  The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 78th Session of the Nevada Legislature for employees of the State Public Defender’s Office for Fiscal Year 2015-2016 and Fiscal Year 2016-2017.

      3.  If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.

      Sec. 10.  In Fiscal Year 2015-2016 and Fiscal Year 2016-2017, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.

      Sec. 11.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for the special reserves for extraordinary costs of operation, repair and maintenance of fire-fighting vehicles may be expended for that purpose.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 2869 (Chapter 484, AB 490)ê

 

      Sec. 12.  Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials must be expended to support eligible training programs and related operating costs before any money from the State General Fund may be expended for such training programs.

      Sec. 13.  Money authorized for expenditure in section 1 of this act for the Division of Forestry of the State Department of Conservation and Natural Resources for support of the central reporting unit that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for that purpose.

      Sec. 14.  Money authorized for expenditure in section 1 of this act for Forest Fire Suppression, up to $250,000 in Fiscal Year 2015-2016 and $250,000 in Fiscal Year 2016-2017, may be carried forward to the next fiscal year for the repair of fire-fighting and emergency response vehicles.

      Sec. 15.  Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loan and Stipend Account may balance forward to the subsequent fiscal year for expenditure on Health Care Access Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2015-2017 biennium.

      Sec. 16.  Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2015-2016 and Fiscal Year 2016-2017 may be carried forward to the next fiscal year.

      Sec. 17.  If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2015-2016 or Fiscal Year 2016-2017, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services.

      Sec. 18.  Money authorized for expenditure in section 8 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.

      Sec. 19.  The General Services Division of the Department of Public Safety may expend reserves not to exceed $132,819 in Fiscal Year 2015-2016 and $124,569 in Fiscal Year 2016-2017 for the purpose of adding not more than two positions. The new positions are limited to the purpose of adding, modifying or repealing Nevada Offense Codes for both state and local jurisdictions. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any work program request to add positions pursuant to this section.

      Sec. 20. Section 2 of chapter 443, Statutes of Nevada 2013, at page 2570, is hereby amended to read as follows:

       Sec. 2.  The State Controller shall, as soon as practicable in Fiscal Year 2014-2015:

       1.  Notwithstanding the provisions of NRS 482.180, transfer the commissions collected by the Department of Motor Vehicles pursuant to subsection 6 of NRS 482.180 in an amount not to exceed [$20,813,716] $23,724,000 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.

 


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ê2015 Statutes of Nevada, Page 2870 (Chapter 484, AB 490)ê

 

       2.  Notwithstanding the provisions of NRS 371.140, transfer the penalties retained by the Department of Motor Vehicles pursuant to subsection 1 of NRS 371.140 in an amount not to exceed [$4,097,964] $5,037,000 in Fiscal Year 2014-2015 to the State General Fund for unrestricted State General Fund use.

      Sec. 21.  1.  If the Division Administrator of the Nevada Athletic Commission determines that delays in the receipt of revenue for license fees will result in insufficient revenue to pay authorized expenditures during Fiscal Year 2015-2016, he or she may submit a request for a temporary advance of not more than $827,190 from the State General Fund to the Director of the Office of Finance in the Office of the Governor to pay authorized expenditures to support operational costs of the Nevada Athletic Commission.

      2.  The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if the Director approves a request made pursuant to subsection 1. The State Controller shall draw a warrant upon receipt of such a notification.

      3.  An advance from the State General Fund approved by the Director of the Office of Finance in the Office of the Governor as authorized pursuant to this section is limited to budgeted operating expenditures in Fiscal Year 2015-2016.

      4.  Any money which is temporarily advanced from the State General Fund to the Nevada Athletic Commission pursuant to this section must be repaid on or before the last business day in August 2016.

      Sec. 22.  If Assembly Bill No. 469 of this session does not become effective, any reference in this act to the Office of Finance in the Office of the Governor shall be deemed to refer to the Budget Division of the Department of Administration and any reference to the Director of the Office shall be deemed to refer to the Chief of the Budget Division.

      Sec. 23.  1.  This section and section 20 of this act become effective upon passage and approval.

      2.  Sections 1 to 19, inclusive, 21 and 22 of this act become effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2871ê

 

CHAPTER 485, SB 491

Senate Bill No. 491–Committee on Finance

 

CHAPTER 485

 

[Approved: June 9, 2015]

 

AN ACT relating to education; providing for the award of a grant of money to a nonprofit organization for use in Fiscal Year 2015-2016 and Fiscal Year 2016-2017 to promote the establishment of high quality charter schools to serve families with the greatest needs; requiring the nonprofit organization that receives such money to match the money awarded and to prepare an annual report; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill provides for the award of a grant of money for use in Fiscal Year 2015-2016 and Fiscal Year 2016-2017 to a nonprofit organization to aid the establishment and operation of high quality charter schools to serve pupils who live in poverty. A nonprofit organization that receives such a grant is required to use the money to: (1) recruit, encourage and develop natural persons to assume leadership roles in the formation and operation of high quality charter schools for pupils who live in households that have household incomes that are less than the federally designated level signifying poverty; and (2) recruit charter management organizations to operate such charter schools. The nonprofit organization is also required to match the grant with its own money. This bill also requires the nonprofit organization that receives the grant to prepare an annual report concerning the use of the money awarded and submit the report to the Budget Division of the Department of Administration and the Interim Finance Committee.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Department of Administration, in consultation with the Department of Education and the State Public Charter School Authority, shall develop a request for proposals for a nonprofit organization incorporated in this State to:

      (a) Recruit, encourage and develop natural persons who are committed to providing high quality charter schools in this State to assume leadership roles in the formation and operation of such charter schools to serve pupils who live in households that have household incomes that are less than the federally designated level signifying poverty; and

      (b) Recruit charter management organizations that have demonstrated success operating high quality charter schools to serve such pupils who live in poverty and the capability to successfully operate such charter schools in this State.

      2.  A nonprofit organization that submits a proposal in response to a request for proposals pursuant to subsection 1 must include in the proposal, without limitation:

      (a) Evidence of the ability of the nonprofit organization to accomplish the objectives set forth in subsection 1; and

      (b) Evidence that the nonprofit organization has sufficient money to match a grant of up to $5,000,000 per year for Fiscal Years 2015-2016 and 2016-2017 from money appropriated by the 78th Session of the Legislature to the Department of Education for this purpose.

 


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ê2015 Statutes of Nevada, Page 2872 (Chapter 485, SB 491)ê

 

2016-2017 from money appropriated by the 78th Session of the Legislature to the Department of Education for this purpose.

      3.  The Department of Administration shall appoint a committee to evaluate responses to the request for proposals. The committee must include, without limitation, one representative from the Department of Education and one representative from the State Public Charter School Authority. The committee shall review and evaluate responses and recommend an applicant to the State Board of Examiners. The State Board of Examiners shall make the final decision on whether to award to the applicant a grant of the money appropriated by the 78th Session of the Legislature to the Department of Education for this purpose.

      4.  The nonprofit organization to which a grant is awarded pursuant to this section must match the money awarded and use such money for the purposes described in subsection 1.

      5.  The nonprofit organization to which a grant is awarded pursuant to this section shall:

      (a) Prepare and transmit a report to the Budget Division of the Department of Administration and the Interim Finance Committee on or before December 15, 2016, that describes each expenditure made from the grant of money from the date on which the money was received by the nonprofit organization through December 1, 2016;

      (b) Prepare and transmit a report to the Budget Division of the Department of Administration and the Interim Finance Committee on or before September 15, 2017, that describes each expenditure made from the grant of money from the date on which the money was received by the nonprofit organization through June 30, 2017; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the nonprofit organization, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the grant of money.

      Sec. 2.  This act becomes effective on July 1, 2015, and expires by limitation on June 30, 2017.

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ê2015 Statutes of Nevada, Page 2873ê

 

 

CHAPTER 486, SB 133

Senate Bill No. 133–Senators Roberson, Harris, Brower, Farley, Lipparelli; Denis, Hammond and Woodhouse

 

CHAPTER 486

 

[Approved: June 9, 2015]

 

AN ACT relating to education; creating the Teachers’ School Supplies Reimbursement Account; providing for an annual allocation from the Account to each school district and charter school for distribution to teachers for reimbursement for certain out-of-pocket expenses; authorizing the donation of unclaimed property to the Account under certain circumstances; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 3 of this bill creates the Teachers’ School Supplies Reimbursement Account in the State General Fund, and section 4 of this bill requires the Department of Education to determine the amount of money available in the Account and apportion the money deposited in the Account among the school districts and charter schools annually based on the number of teachers employed by each school district or charter school, as applicable, up to $250 per teacher.

      Section 4 also requires the board of trustees of each school district and the governing body of each charter school to establish a special revenue fund and deposit the money it receives from the Account in that fund. Section 4 further provides that money in the special revenue fund must be used only to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing certain school supplies. Section 4 also requires the board of trustees of each school district or the governing body of a charter school, as applicable, to transfer any balance remaining in the special revenue fund that has not been committed for expenditure to the Account at the end of each fiscal year.

      Section 5 of this bill requires the board of trustees of each school district and the governing body of each charter school to determine the manner in which to distribute the money received to the teachers, including whether the teachers will be required to submit a request for reimbursement. Section 5 also requires teachers to submit receipts for purchases made with money received from the special revenue fund to the principal of the school, who must retain the receipts until the end of the next fiscal year.

      Existing law requires the Administrator of Unclaimed Property in this State to take possession of property that is abandoned and unclaimed by its owner and to hold it in trust until the owner or the owner’s legal heirs can be located. (NRS 120A.530, 120A.620) Existing law allows the original owner or his or her heirs to file a claim to recover property in the possession of the Administrator at any time. (NRS 120A.560, 120A.640) Section 6 of this bill authorizes a person whose claim to recover such property of less than $500 and has been approved by the Administrator to donate the property or the net proceeds of a sale of the property to the Teachers’ School Supplies Reimbursement Account.

      Section 7 of this bill appropriates $2,500,000 for Fiscal Year 2015-2016 and $2,500,000 for Fiscal Year 2016-2017 from the State General Fund to the Teachers’ School Supplies Reimbursement Account.

 


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ê2015 Statutes of Nevada, Page 2874 (Chapter 486, SB 133)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, “teacher” means a licensed employee of a school district who devotes the majority of his or her working time to the rendering of direct educational service to pupils, except that the term does not include a substitute teacher.

      Sec. 3. 1.  The Teachers’ School Supplies Reimbursement Account is hereby created in the State General Fund. The Department shall administer the Account.

      2.  The money in the Account must be invested as other money of the State is invested. All interest and income earned on the money in the Account must be credited to the Account.

      3.  The money in the Account must be used only for the purposes specified in section 4 of this act.

      4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward.

      5.  The Department may accept gifts, grants, bequests and donations from any source for deposit in the Account.

      Sec. 4. 1.  On or before September 1 of each year, the Department shall determine the amount of money that is available in the Teachers’ School Supplies Reimbursement Account created by section 3 of this act for distribution among all of the school districts and charter schools in this State for that fiscal year. Any such distribution must be provided to each school district and charter school based on the number of teachers employed by the school district or charter school, as applicable. To the extent that money is available, the Department shall establish the amount of reimbursement for each teacher which must not exceed $250 per fiscal year.

      2.  The board of trustees of each school district and the governing body of each charter school shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the special revenue fund must not be commingled with money from other sources. The board of trustees or the governing body, as applicable, shall disburse money in the special revenue fund to teachers in accordance with section 5 of this act.

      3.  The money in the special revenue fund must be used only to reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct.

      4.  The board of trustees or governing body of a charter school, as applicable, shall not use money in the special revenue fund to pay any administrative costs.

      5.  Any money remaining in the special revenue fund at the end of a fiscal year reverts to the Teachers’ School Supplies Reimbursement Account.

      Sec. 5. 1.  The board of trustees of each school district and the governing body of each charter school that receives money pursuant to subsection 1 of section 4 of this act shall determine the manner in which to distribute the money to teachers in the school district or charter school, as applicable, including, without limitation, whether to require a teacher to submit a request for a claim for reimbursement for out-of-pocket expenses from the special revenue fund established pursuant to section 4 of this act.

 


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ê2015 Statutes of Nevada, Page 2875 (Chapter 486, SB 133)ê

 

subsection 1 of section 4 of this act shall determine the manner in which to distribute the money to teachers in the school district or charter school, as applicable, including, without limitation, whether to require a teacher to submit a request for a claim for reimbursement for out-of-pocket expenses from the special revenue fund established pursuant to section 4 of this act.

      2.  To the extent that money is available in the special revenue fund, the board of trustees or governing body, as applicable, may reimburse a teacher up to the maximum amount determined by the Department for each teacher pursuant to section 4 of this act for the fiscal year.

      3. If the board of trustees of a school district or the governing body of a charter school, as applicable, requires a teacher to submit a claim for reimbursement for out-of-pocket expenses to receive money from the special revenue fund, the teacher must submit such a claim no later than 2 weeks after the last day of the school year.

      4.  The board of trustees of a school district may enter into an agreement with the recognized employee organization representing licensed educational personnel within the school district for the purpose of obtaining assistance of the employee organization in administering the reimbursement of teachers pursuant to this section.

      5.  A teacher who receives money from the special revenue fund must submit receipts for any supplies purchased with the money to the principal of the school or charter school, as applicable. The principal must maintain such receipts until the end of the next fiscal year and make them available for inspection upon request of the Department.

      Sec. 6. Chapter 120A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person with a claim to property paid or delivered to the Administrator that is less than $500 may, if the claim is allowed by the Administrator pursuant to NRS 120A.640, donate the money or the net proceeds from the sale of the property, together with any dividend, interest or other increment to which the person is entitled under NRS 120A.600 and 120A.610, to the State for educational purposes.

      2.  The Administrator must, within 30 days after the allowance of a claim pursuant to NRS 120A.040, transfer the amount of the claim, together with any dividend, interest or other increment to which the person is entitled under NRS 120A.600 and 120A.610, from the Abandoned Property Trust Account to the Teachers’ School Supplies Reimbursement Account created pursuant to section 3 of this act.

      3.  The Administrator may adopt regulations to carry out the provisions of this section.

      Sec. 7.  There is hereby appropriated from the State General Fund to the Teachers’ School Supplies Reimbursement Account created by section 3 of this act:

             For the Fiscal Year 2015-2016................................................. $2,500,000

             For the Fiscal Year 2016-2017................................................. $2,500,000

      Sec. 8.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 2876ê

 

CHAPTER 487, SB 483

Senate Bill No. 483–Committee on Revenue and Economic Development

 

CHAPTER 487

 

[Approved: June 9, 2015]

 

AN ACT relating to governmental financial administration; providing for the imposition, administration and payment of a commerce tax on the Nevada gross revenue of certain business entities engaged in business in this State; revising provisions governing the rate and calculation of the payroll tax imposed on certain businesses in this State; revising provisions governing the rate and distribution of the excise tax on cigarettes; revising provisions governing the state business license fee; revising provisions governing the fee imposed on certain business entities for filing an initial or annual list; extending the prospective expiration of certain requirements regarding the advance payment and computation of the tax on the net proceeds from certain mining operations conducted in this State; removing the prospective expiration of certain requirements regarding the imposition of the local school support tax; revising provisions relating to the allocation of a certain portion of the proceeds of the basic governmental services tax; temporarily extending the expiration of the fee for the provision of specialty court programs following a conviction for a misdemeanor offense of driving a vehicle under the influence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 20 of this bill imposes an annual commerce tax on each business entity engaged in business in this State whose Nevada gross revenue in a fiscal year exceed $4,000,000 at a rate that is based on the industry in which the business entity is primarily engaged. In accordance with section 9 of this bill, the Nevada gross revenue of a business entity is determined by taking the amount of its gross revenue, as defined in section 8 of this bill, making various adjustments to that amount under section 21 of this bill, and then situsing that adjusted amount to this State pursuant to section 22 of this bill. Sections 24-49 of this bill set forth the rate of the commerce tax for the industry in which a business entity is primarily engaged. Sections 2-66 of this bill further provide for the administration, collection and enforcement of the commerce tax by the Department of Taxation in a manner similar to other state taxes. Sections 77, 79, 83, 85, 86, 89, 90, 93-95, 97 and 100 of this bill authorize the imposition of various types of disciplinary action against certain business entities who fail to pay the tax by the agencies responsible for their supervision and licensing. Sections 78, 80-82, 84, 87, 88, 91 and 92 of this bill authorize the Department to obtain certain records and information from certain agencies to assist the Department in its administration of the tax. Sections 96, 98, 99, 101 and 102 of this bill amend various provisions of existing law, including, without limitation, various provisions of the Nevada Insurance Code to specifically provide that entities regulated under that Code are required to comply with the provisions of the commerce tax.

      Existing law imposes an excise tax on certain businesses other than financial institutions at the rate of 1.17 percent of the total wages paid by the business each calendar quarter that exceed $85,000. (NRS 363B.110) On July 1, 2015, this rate is scheduled to change to 0.63 percent of the total wages paid by the business each calendar quarter. (Chapter 476, Statutes of Nevada 2011, pp. 2891, 2898, as last amended by chapter 518, Statutes of Nevada 2013, p. 3427; chapter 518, Statutes of Nevada 2013, p. 3424) Existing law also imposes an excise tax on financial institutions at the rate of 2 percent of the total wages paid by the financial institution each calendar quarter.

 


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ê2015 Statutes of Nevada, Page 2877 (Chapter 487, SB 483)ê

 

each calendar quarter. Sections 62 and 67-70 of this bill: (1) require businesses that are subject to the tax on the net proceeds of mining to pay the payroll tax at the same rate as the rate paid by financial institutions under existing law; (2) impose the payroll tax on businesses other than a financial institution or a mining business at the rate of 1.475 of the total wages paid by the business each calendar quarter that exceed $50,000; (3) authorize a business to subtract 50 percent of the commerce tax paid by the business as a credit when determining the amount of the tax on the total wages paid the business which is due from the business; and (4) require a reduction in the rate of the tax on the total wages paid by all businesses if the combined revenue from the commerce tax and the tax on the total wages by a business exceed a certain amount.

      Existing law imposes an excise tax on the purchase, possession or use of cigarettes at the rate of 80 cents per pack of 20 cigarettes. (NRS 370.165, 370.350) Under existing law, the Department of Taxation must remit 70 cents of the tax on each pack of 20 cigarettes, less the costs of collecting the tax, to the State Treasurer for deposit in the Account for the Tax on Cigarettes in the State General Fund, and the remaining amount of the tax must be deposited in the Local Government Tax Distribution Account for distribution to local governments. (NRS 370.260) Sections 71-73 of this bill increase the excise tax on cigarettes to $1.80 per pack of 20 cigarettes and require the additional amount of tax to be deposited in the Account in the State General Fund. Section 113 of this bill requires a wholesale dealer who purchases a revenue stamp evidencing payment of the tax before July 1, 2015, but who has not affixed that stamp to a pack of cigarettes before that date to pay the additional tax on the stamp.

      Existing law imposes an annual fee of $200 for a state business license. (NRS 76.100, 76.130) On July 1, 2015, this fee is scheduled to change to $100. (Chapters 381 and 429, Statutes of Nevada 2009, as last amended by chapter 518, Statutes of Nevada 2013, p. 3426) Sections 74 and 75 of this bill increase the annual state business license fee to $500 for all corporations organized pursuant to the laws of this State and all foreign corporations transacting business in this State. Sections 74 and 75 further maintain the existing $200 state business license fee for all other businesses.

      Existing law requires each business entity organizing under the laws of this State or transacting business in this State to: (1) file with the Secretary of State an initial list and an annual list of the directors and officers of the entity or the persons holding the equivalent office; and (2) pay a fee for that filing. (NRS 78.150, 80.110, 82.193, 82.523, 84.110, 86.263, 86.5461, 87.510, 87.541, 87A.290, 87A.560, 88.395, 88.591, 88A.600, 88A.732, 89.250) Sections 75.5 and 76.1-76.8 of this bill increase by $25 the fee for filing an initial or annual list.

      Existing law requires, until June 30, 2015, the advance payment of the tax on the net proceeds of minerals based upon the estimated net proceeds and royalties of a mining operation for the current calendar year. (Chapter 4, Statutes of Nevada 2008, 25th Special Session, p. 14, as last amended by chapter 518, Statutes of Nevada 2013, p. 3425) Section 103 of this bill delays the expiration of this requirement for advance payment until June 30, 2016, and section 107 of this bill makes conforming changes to related transitory provisions governing the duties of the Department of Taxation in 2017 and the appropriation and apportionment of money to counties and other local governments during that year.

      Existing law provides that effective January 1, 2016, in computing the net proceeds from certain mining operations conducted in this State, a person may deduct certain amounts expended for health care for employees actually engaged in mining operations in this State. (Chapter 449, Statutes of Nevada 2011, p. 2690, as amended by chapter 518, Statutes of Nevada 2013, p. 3426) Section 106 of this bill extends to January 1, 2017, the effective date of this deduction. Section 105 of this bill makes conforming changes to transitory provisions governing the computation of the proceeds from certain mining operations for calendar years 2016 and 2017 and all subsequent calendar years.

 


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ê2015 Statutes of Nevada, Page 2878 (Chapter 487, SB 483)ê

 

      Existing law requires, until June 30, 2015, an increase in the rate of the Local School Support Tax of 0.35 percent. (Chapter 395, Statutes of Nevada 2009, pp. 2191-93, as last amended by chapter 518, Statutes of Nevada 2013, p. 3426) Section 104 of this bill removes the expiration date of this rate thereby requiring the payment of this rate indefinitely.

      The State of Nevada imposes a governmental services tax for the privilege of operating any vehicle upon the public highways of this State. (NRS 371.030) The annual amount of the basic governmental services tax is 4 cents on each $1 of valuation of the vehicle, as determined by the Department of Motor Vehicles. (NRS 371.040) Existing law sets forth depreciation schedules for determining the amount of the basic governmental services tax due each year for used vehicles and establishes a minimum tax. (NRS 371.060) In 2009, the amount of the basic governmental services tax due annually was increased for used vehicles by reducing the amount of depreciation allowed and increasing the minimum tax. The revenue from these increases in the basic governmental services tax were allocated to the State General Fund until June 30, 2015, and then were required to be deposited in the State Highway Fund thereafter. (Chapter 395, Statutes of Nevada 2009, p. 2188, as last amended by chapter 518, Statutes of Nevada 2013, p. 3426) Sections 78.1-78.9 of this bill provide that: (1) the increases in the basic governmental services tax are allocated to the State General Fund in fiscal year 2015-2016; (2) in fiscal year 2016-2017, fifty percent of those increases will be deposited in the State General Fund and 50 percent of those increases will be deposited in the State Highway Fund; and (3) the entire amount of those increases will be deposited in the State Highway Fund commencing on July 1, 2017.

      Existing law requires a court to impose a fee of $100, in addition to any other administrative assessment, penalty or fine imposed, if a person pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, a charge of driving under the influence of intoxicating liquor or a controlled substance that is punishable as a misdemeanor. The money collected for this fee is deposited with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator and money apportioned to a court from this fee must be used by the court for certain purposes related to specialty court programs. (NRS 484C.515) Under existing law, this fee expires by limitation on June 30, 2015. (Chapter 373, Statutes of Nevada 2013, p. 1992) Section 109 of this bill extends the expiration date of this fee until June 30, 2017.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 61, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 2 to 13, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Business” means any activity engaged in or caused to be engaged in with the object of gain, benefit or advantage, either direct or indirect, to any person or governmental entity.

      Sec. 4. 1.  Except as otherwise provided in subsection 2, “business entity” means a corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company, holding company and any other person engaged in a business.

      2.  “Business entity” does not include:

 


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ê2015 Statutes of Nevada, Page 2879 (Chapter 487, SB 483)ê

 

      (a) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.

      (b) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss from Farming, or its equivalent or successor form, for that business.

      (c) A governmental entity.

      (d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (e) A business entity organized pursuant to chapter 82 or 84 of NRS.

      (f) A credit union organized under the provisions of chapter 678 of NRS or the Federal Credit Union Act.

      (g) A grantor trust as defined by section 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a)(30)(E), all of the grantors and beneficiaries of which are natural persons or charitable entities as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (h) An estate of a natural person as defined by section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. § 7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).

      (i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(i)(2) of the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:

             (1) A real estate investment trust with any amount of its assets in direct holdings of real estate, other than real estate it occupies for business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and

             (2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest in it.

      (j) A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.

      (k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a).

      (l) A passive entity.

      (m) A person whose activities within this State are confined to the owning, maintenance and management of the person’s intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For the purposes of this paragraph, “intangible investments” includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.

 


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investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.

      (n) A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.

      Sec. 5. “Commerce tax” means the tax required to be paid pursuant to this chapter.

      Sec. 5.5. “Credit sales” means a sale of goods by a seller who accepts payments for the goods at a later time.

      Sec. 6. “Engaging in a business” means commencing, conducting or continuing a business, the exercise of corporate or franchise powers regarding a business, and the liquidation of a business which is or was engaging in a business when the liquidator holds itself out to the public as conducting that business.

      Sec. 7. “Governmental entity” means:

      1.  The United States and any of its unincorporated agencies and instrumentalities.

      2.  Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.

      3.  The State of Nevada and any of its unincorporated agencies and instrumentalities.

      4.  Any county, city, district or other political subdivision of this State.

      Sec. 8. 1.  Except as otherwise provided in subsection 3, “gross revenue” means the total amount realized by a business entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income, including, without limitation, the fair market value of any property and any services received, and any debt transferred or forgiven as consideration.

      2.  Except as otherwise provided in subsection 3, the term includes, without limitation:

      (a) Amounts realized from the sale, exchange or other disposition of a business entity’s property;

      (b) Amounts realized from the performance of services by a business entity;

      (c) Amounts realized from another person’s possession of the property or capital of a business entity; and

      (d) Any combination of these amounts.

      3.  The term does not include:

      (a) Amounts realized from the sale, exchange, disposition or other grant of the right to use trademarks, trade names, patents, copyrights and similar intellectual property;

      (b) The value of cash discounts allowed by the business entity and taken by a customer;

      (c) The value of goods or services provided to a customer on a complimentary basis;

      (d) Amounts realized from a transaction subject to, described in, or equivalent to, section 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033 of the Internal Revenue Code, 26 U.S.C. § 118, 331, 332, 336, 338, 351, 355, 368, 721, 731, 1031 or 1033, regardless of the federal tax classification of the business entity under 26 C.F.R. § 301.7701-3;

 


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338, 351, 355, 368, 721, 731, 1031 or 1033, regardless of the federal tax classification of the business entity under 26 C.F.R. § 301.7701-3;

      (e) Amounts indirectly realized from a reduction of an expense or deduction;

      (f) The value of property or services donated to a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), if the donation is tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code, 26 U.S.C. § 170(c); and

      (g) Amounts that are not considered revenue under generally accepted accounting principles.

      Sec. 8.5. “Loan” means any extension of credit or the purchase in whole or in part of an extension of credit from another person, including, without limitation, participations and syndications.

      Sec. 9. “Nevada gross revenue” means the gross revenue of a business entity from engaging in a business in this State, as adjusted pursuant to section 21 of this act and sitused to this State pursuant to section 22 of this act.

      Sec. 10. “North American Industry Classification System” or “NAICS” means the 2012 North American Industry Classification System published by the Bureau of the Census of the United States Department of Commerce.

      Sec. 10.5. “Pass-through entity” means an entity that is disregarded as an entity for the purposes of federal income taxation or is treated as a partnership for the purposes of federal income taxation.

      Sec. 11. 1.  “Pass-through revenue” means:

      (a) Revenue received by a business entity that is required by law or fiduciary duty to be distributed to another person or governmental entity;

      (b) Taxes collected from a third party by a business entity and remitted by the business entity to a taxing authority;

      (c) Reimbursement for advances made by a business entity on behalf of a customer or client, other than with respect to services rendered or with respect to purchases of goods by the business entity in carrying out the business in which it engages;

      (d) Revenue received by a business entity that is mandated by contract or subcontract to be distributed to another person or entity if the revenue constitutes:

             (1) Sales commissions that are paid to a person who is not an employee of the business entity, including, without limitation, a split-fee real estate commission;

             (2) The tax basis of securities underwritten by the business entity, as determined for the purposes of federal income taxation; or

             (3) Subcontracting payments under a contract or subcontract entered into by a business entity to provide services, labor or materials in connection with the actual or proposed design, construction, remodeling, remediation or repair of improvements on real property or the location of the boundaries of real property;

      (e) Revenue received by a business entity that provides legal services if the revenue received by the business entity is:

 


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             (1) Mandated by law, fiduciary duty or contract to be distributed to a claimant by the claimant’s attorney or to another person or entity on behalf of a claimant by the claimant’s attorney, including, without limitation, revenue received:

                   (I) For damages due to a client represented by the business entity;

                   (II) That is subject to a lien or other contractual obligation arising out of the representation provided by the business entity, other than fees owed to the business entity for the provision of legal services;

                   (III) That is subject to a subrogation interest or other third-party contractual claim; and

                   (IV) That is required to be paid to another attorney who provided legal services in a matter and who is not a member, partner, shareholder or employee of the business entity; and

             (2) Reimbursement of the expenses incurred by the business entity in providing legal services to a claimant that are specific to the claimant’s matter and that are not general operating expenses of the business entity; or

      (f) Revenue received by a business entity that is part of an affiliated group from another member of the affiliated group.

      2.  As used in this section:

      (a) “Affiliated group” means a group of two or more business entities, including, without limitation, a business entity described in subsection 2 of section 4 of this act, each of which is controlled by one or more common owners or by one or more members of the group.

      (b) “Controlled by” means the direct or indirect ownership, control or possession of 50 percent or more of a business entity.

      (c) “Sales commission” means:

             (1) Any form of compensation paid to a person for engaging in an act for which a license is required pursuant to chapter 645 of NRS; or

             (2) Compensation paid to a sales representative by a principal in an amount that is based on the amount or level of orders for or sales on behalf of the principal and that the principal is required to report on Internal Revenue Service Form 1099-MISC, Miscellaneous Income.

      Sec. 11.5. “Securities” means United States Treasury securities, obligations of United States governmental agencies and corporations, obligations of a state or political subdivision, corporate stock, bonds, participations in securities backed by mortgages held by United States or state governmental agencies, loan-backed securities, money market instruments, federal funds, securities purchased and sold under agreements to resell or repurchase, commercial paper, banker’s acceptances, purchased certificates of deposit, options, futures contracts, forward contracts, notional principal contracts, including, without limitation, swaps, and other similar securities and instruments.

      Sec. 12. “Taxable year” means the 12-month period beginning on July 1 and ending on June 30 of the following year.

      Sec. 13. “Wages” means any remuneration paid for personal services, including, without limitation, commissions and bonuses, and remuneration payable in any medium other than cash.

      Sec. 13.5. For the purposes of this chapter, unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as amended, and include future amendments to such sections and corresponding provisions of future federal internal revenue laws.

 


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amended, and include future amendments to such sections and corresponding provisions of future federal internal revenue laws.

      Sec. 14. 1.  For the purposes of this chapter, a business is a “passive entity” only if:

      (a) The business is a limited-liability company, general partnership, limited-liability partnership, limited partnership or limited-liability limited partnership, or a trust, other than a business trust;

      (b) During the period for which the gross revenue of the business entity is reported pursuant to section 20 of this act, at least 90 percent of the business entity’s federal gross income consists of the following income:

             (1) Dividends, interest, foreign currency exchange gains, periodic and nonperiodic payments with respect to notional principal contracts, option premiums, cash settlements or termination payments with respect to a financial instrument, and income from a limited-liability company;

             (2) Capital gains from the sale of real property, gains from the sale of commodities traded on a commodities exchange and gains from the sale of securities; and

             (3) Royalties, bonuses or delay rental income from mineral properties and income from other nonoperating mineral interests; and

      (c) The business entity does not receive more than 10 percent of its federal gross income from conducting an active trade or business.

      2.  As used in paragraph (b) of subsection 1, the term “income” does not include any:

      (a) Rent; or

      (b) Income received by a nonoperator from mineral properties under a joint operating agreement if the nonoperator is a member of an affiliated group and another member of that group is the operator under that joint operating agreement.

      3.  For the purposes of paragraph (c) of subsection 1:

      (a) Except as otherwise provided in this subsection, a business entity is “conducting an active trade or business” if:

             (1) The activities being carried on by the business entity include one or more active operations that form a part of the process of earning income or profit, and the business entity performs active management and operating functions; or

             (2) Any assets, including, without limitation, royalties, patents, trademarks and other intangible assets, held by the business entity are used in the active trade or business of one or more related business entities.

      (b) The ownership of a royalty interest or a nonoperating working interest in mineral rights does not constitute the conduct of an active trade or business.

      (c) The payment of compensation to employees or independent contractors for financial or legal services reasonably necessary for the operation of a business does not constitute the conduct of an active trade or business.

      (d) Holding a seat on the board of directors of a business entity does not by itself constitute the conduct of an active trade or business.

      (e) Activities performed by a business entity include activities performed by persons outside the business entity, including independent contractors, to the extent that those persons perform services on behalf of the business entity and those services constitute all or any part of the business entity’s trade or business.

 


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      Sec. 15. For the purposes of this chapter, if a business entity engaging in a business in this State is engaged in business in more than one business category set forth in sections 24 to 49, inclusive, of this act, the business entity shall be deemed to be primarily engaged in the business category in which the highest percentage of its Nevada gross revenue is generated.

      Sec. 16. The Department shall:

      1.  Administer and enforce the provisions of this chapter, and may adopt such regulations as it deems appropriate for that purpose.

      2.  Deposit all fees, interest and penalties it receives pursuant to this chapter in the State Treasury for credit to the State General Fund.

      Sec. 17. 1.  Each person responsible for maintaining the records of a business entity shall:

      (a) Keep such records as may be necessary to determine the amount of the liability of the business entity pursuant to the provisions of this chapter;

      (b) Preserve those records for 4 years or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; and

      (c) Make the records available for inspection by the Department upon demand at reasonable times during regular business hours.

      2.  The Department may by regulation specify the types of records which must be kept to determine the amount of the liability of a business entity pursuant to the provisions of this chapter. The regulations adopted by the Department pursuant to this subsection must specify the type of information that a business entity engaging in a business in this State must keep in the normal course of its financial recordkeeping for the purpose of determining the amount of the commerce tax owed by the business entity.

      Sec. 18. 1.  To verify the accuracy of any return filed or, if no return is filed by a business entity, to determine the amount of the commerce tax required to be paid pursuant to this chapter, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who may be liable for the commerce tax.

      2.  Any person who may be liable for the commerce tax and who keeps outside of this State any books, papers or records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents.

      Sec. 19. The Executive Director may request from any other governmental agency or officer such information as the Executive Director deems necessary to carry out the provisions of this chapter. If the Executive Director obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.

      Sec. 20. 1.  For the privilege of engaging in a business in this State, a commerce tax is hereby imposed upon each business entity whose Nevada gross revenue in a taxable year exceeds $4,000,000 in an amount determined pursuant to sections 23 to 49, inclusive, of this act.

 


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determined pursuant to sections 23 to 49, inclusive, of this act. The commerce tax is due and payable as provided in this section.

      2.  Each business entity engaging in a business in this State during a taxable year shall, on or before the 45th day immediately following the end of that taxable year, file with the Department a report on a form prescribed by the Department. The report required by this subsection must include such information as is required by the Department. A business entity shall remit with the return the amount of commerce tax due pursuant to subsection 1.

      3.  For the purposes of determining the amount of the commerce tax due pursuant to this chapter, the initial report filed by a business entity with the Department pursuant to subsection 2 must designate the business category in which the business entity is primarily engaged. A business entity may not change the business category designated for that business entity unless the person applies to the Department to change such designation and the Department determines that the business is no longer primarily engaged in the designated business category.

      4.  Upon written application made before the date on which payment of the commerce tax due pursuant to this chapter must be made, the Department may for good cause extend by not more than 30 days the time within which a business entity is required to pay the commerce tax. If the commerce tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay the commerce tax at the time required, but the business entity shall pay interest at the rate of 0.75 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.

      Sec. 21. 1.  In computing the commerce tax owed by a business entity pursuant to this chapter, the business entity is entitled to deduct from its gross revenue the following amounts, to the extent such amounts are included in gross revenue of the business entity:

      (a) Any gross revenue which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.

      (b) Any gross revenue of the business entity attributable to dividends and interest upon any bonds or securities of the Federal Government, the State of Nevada or a political subdivision of this State.

      (c) If a business entity is required to pay a license fee pursuant to NRS 463.370, the amount of its gross receipts used to determine the amount of that fee.

      (d) If the business entity is required to pay a tax on the net proceeds from mineral extraction and royalties subject to the excise tax pursuant to the provisions of NRS 362.100 to 362.240, inclusive, the amount of the gross proceeds used to determine the amount of that tax.

      (e) If the business entity is required to pay the tax imposed by chapter 369 of NRS, an amount equal to the amount of the excise tax paid pursuant to that chapter by the business entity.

      (f) If the business entity is required to pay the tax imposed pursuant to chapter 680B of NRS:

 


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             (1) The amount of the total income derived from direct premiums written and all other considerations for insurance, bail or annuity contracts used to determine the amount of the tax imposed pursuant to chapter 680B of NRS;

             (2) Any amounts excluded from total income derived from direct premiums pursuant to NRS 680B.025; and

             (3) Gross premiums upon policies on risks located in this State received by a factory mutual and amounts deducted from such gross premiums to determine the amount of the tax imposed by NRS 680B.027 upon the factory mutual pursuant to NRS 680B.033.

      (g) If the business entity is required to pay the tax imposed pursuant to NRS 694C.450, the amount of the net direct premiums, as defined in that section, used to determine the amount of that tax.

      (h) If the business entity is required to pay the tax imposed pursuant to NRS 685A.180, the amount of the premiums, as defined in that section, used to determine the amount of that tax.

      (i) Except as otherwise provided by paragraph (j), the total amount of payments received by a health care provider:

            (1) From Medicaid, Medicare, the Children’s Health Insurance Program, the Fund for Hospital Care to Indigent Persons created pursuant to NRS 428.175 or TRICARE;

             (2) For professional services provided in relation to a workers’ compensation claim; and

             (3) For the actual cost to the health care provider for any uncompensated care provided by the health care provider, except that if the health care provider later receives payment for all or part of that care, the health care provider must include the amount of the payment in his or her gross receipts for the calendar quarter in which the payment is received.

      (j) If the business entity is engaging in a business in this State as a health care provider that is a health care institution, an amount equal to 50 percent of the amounts described in paragraph (i) that are received by the health care institution.

      (k) If the business entity is engaging in business in this State as an employee leasing company, the amount of any payments received from a client company for wages, payroll taxes on those wages, employee benefits and workers’ compensation benefits for employees leased to the client company.

      (l) The amount of any pass-through revenue of the business entity.

      (m) The tax basis of securities and loans sold by the business entity, as determined for the purposes of federal income taxation.

      (n) The amount of revenue received by the business entity that is directly derived from the operation of a facility that is:

             (1) Located on property owned or leased by the Federal Government; and

             (2) Managed or operated primarily to house members of the Armed Forces of the United States.

      (o) Interest income other than interest on credit sales.

      (p) Dividends and distributions from corporations, and distributive or proportionate shares of receipts and income from a pass-through entity.

 


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      (q) Receipts from the sale, exchange or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code, 26 U.S.C. § 1221 or 1231, without regard to the length of time the business entity held the asset.

      (r) Receipts from a hedging transaction, as defined in section 1221 of the Internal Revenue Code, 26 U.S.C. § 1221, or a transaction accorded hedge accounting treatment under Statement No. 133 of the Financial Accounting Standards Board, Accounting for Derivative Instruments and Hedging Activities, to the extent the transaction is entered into primarily to protect a financial position, including, without limitation, managing the risk of exposure to foreign currency fluctuations that affect assets, liabilities, profits, losses, equity or investments in foreign operations, to interest rate fluctuations or to commodity price fluctuations. For the purposes of this paragraph, receipts from the actual transfer of title of real or tangible personal property to another business entity are not receipts from a hedging transaction or a transaction accorded hedge accounting treatment.

      (s) Proceeds received by a business entity that are attributable to the repayment, maturity or redemption of the principal of a loan, bond, mutual fund, certificate of deposit or marketable instrument.

      (t) The principal amount received under a repurchase agreement or on account of any transaction properly characterized as a loan.

      (u) Proceeds received from the issuance of the business entity’s own stock, options, warrants, puts or calls, from the sale of the business entity’s treasury stock or as contributions to the capital of the business entity.

      (v) Proceeds received on account of payments from insurance policies, except those proceeds received for the loss of business revenue.

      (w) Damages received as a result of litigation in excess of amounts that, if received without litigation, would not have been included in the gross receipts of the business entity pursuant to this section.

      (x) Bad debts expensed for the purposes of federal income taxation.

      (y) Returns and refunds to customers.

      (z) Amounts realized from the sale of an account receivable to the extent the receipts from the underlying transaction were included in the gross receipts of the business entity.

      (aa) If the business entity owns an interest in a passive entity, the business entity’s share of the net income of the passive entity, but only to the extent the net income of the passive entity was generated by the gross revenue of another business entity.

      2.  As used in this section:

      (a) “Children’s Health Insurance Program” means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this State.

      (b) “Client company” has the meaning ascribed to it in NRS 616B.670.

      (c) “Employee leasing company” has the meaning ascribed to it in NRS 616B.670.

      (d) “Health care institution” means:

             (1) A medical facility as defined in NRS 449.0151; and

             (2) A pharmacy as defined in NRS 639.012.

 


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      (e) “Health care provider” means a business that receives any payments listed in paragraph (i) of subsection 1 as a provider of health care services, including, without limitation, mental health care services.

      (f) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (g) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      Sec. 22. 1.  In computing the commerce tax owed by a business entity, the gross revenue of the business entity, as adjusted pursuant to section 21 of this act, must be sitused to this State in accordance with the following rules:

      (a) Gross rents and royalties from real property are sitused to this State if the real property is located in this State.

      (b) Gross revenue from the sale of real property are sitused to this State if the real property is located in this State.

      (c) Gross rents and royalties from tangible personal property is sitused to this State to the extent the tangible personal property is located or used in this State.

      (d) Gross revenue from the sale of tangible personal property is sitused to this State if the property is delivered or shipped to a buyer in this State, regardless of the F.O.B. point or any other condition of sale.

      (e) Gross revenue from the sale of transportation services is sitused to this State if both the origin and the destination point of the transportation are located in this State.

      (f) Gross revenue from the sale of any services not otherwise described in this section is sitused to this State in the proportion that the purchaser’s benefit in this State, with respect to what was purchased, bears to the purchaser’s benefit everywhere with respect to what was purchased. For the purposes of this paragraph, the physical location at which the purchaser of a service ultimately uses or receives the benefit of the service that was purchased is paramount in determining the proportion of the benefit in this State to the benefit everywhere. If the records of a business entity do not allow the taxpayer to determine that location, the business entity may use an alternative method to situs gross revenue pursuant to this section if the alternative method is reasonable, is consistently and uniformly applied and is supported by the taxpayer’s records as those records exist when the service is provided or within a reasonable period of time thereafter.

      (g) Gross revenue not otherwise described in this section is sitused to this State if the gross receipts are from business conducted in this State. For the purposes of this paragraph, the physical location of the purchaser is paramount in determining if business is done in this State. If the records of a business entity do not allow the business entity to determine the location of the purchaser, the gross revenue must not be considered to be from business conducted in this State.

      2.  If the application of the provisions of subsection 1 does not fairly represent the extent of the business conducted in this State by a business entity, the Department may authorize the business entity to the use of an alternative method of situsing gross revenue to this State.

 


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      Sec. 23. Except as otherwise provided in this section, the commerce tax required to be paid by a business entity engaging in a business in this State is equal to the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by the rate set forth in sections 24 to 48, inclusive, of this act for the business category in which the business entity is primarily engaged. If the business entity cannot be categorized in a business category set forth in sections 24 to 48, inclusive, of this act, the commerce tax required to be paid by that business entity is equal to the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by the rate set forth in section 49 of this act.

      Sec. 24. 1.  The agriculture, forestry, fishing and hunting business category (NAICS 11) includes all business entities primarily engaged in agricultural production or agricultural support activities, or both, including, without limitation, growing crops, raising animals, harvesting timber and harvesting fish and other animals from a farm, ranch or their natural habitats.

      2.  Examples of business entities in this category include, without limitation, farms, ranches, dairies, greenhouses, nurseries, orchards and hatcheries.

      3.  This category does not include business entities primarily engaged in agricultural research or administering programs for regulating and conserving land, minerals, wildlife or forest use.

      4.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.063 percent.

      Sec. 25. 1.  The mining, quarrying and oil and gas extraction business category (NAICS 21) includes all business entities primarily engaged in mining operations and mining support activities, including, without limitation, extracting:

      (a) Naturally occurring mineral solids, such as coal and ores;

      (b) Liquid minerals, such as crude petroleum; and

      (c) Gases, such as natural gas.

      2.  Examples of business entities in this category include, without limitation:

      (a) Business entities operating mines, quarries or oil and gas wells on their own account or for others on a contract or fee basis.

      (b) Mining support activities, including business entities that perform exploration or other mining services, or both, on a contract or fee basis, except geophysical surveying, mine site preparation and the construction of oil and gas pipelines.

      3.  As used in subsections 1 and 2, the term “mining” includes quarrying, well operations and beneficiating, including, without limitation, crushing, screening, washing, flotation and other preparation customarily performed at a mine site or as a part of mining activity.

      4.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.051 percent.

 


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      Sec. 26. 1.  The utilities and telecommunications business category (NAICS 22 and 517, respectively) includes:

      (a) All business entities primarily engaged in providing utility services, including, without limitation, electric power, natural gas, steam supply, water supply and sewage removal; and

      (b) All business entities primarily engaged in providing telecommunications and the services related to that activity, including, without limitation, telephony, cable and satellite distribution services, Internet access and telecommunications reselling services.

      2.  This category does not include business entities primarily engaged in waste management and remediation services that are described in section 42 of this act.

      3.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.136 percent.

      Sec. 27. 1.  The construction business category (NAICS 23) includes all business entities primarily engaged in the construction of buildings or engineering projects, such as highways and utility systems. Business entities engaged in the preparation of sites for new construction and business entities primarily engaged in subdividing land for sale as building sites also are included in this category.

      2.  Examples of business entities in this category include, without limitation, general contractors, design-builders, construction managers, turnkey contractors, joint-venture contractors, specialty trade contractors, for-sale builders, speculative builders and merchant builders.

      3.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.083 percent.

      Sec. 28. 1.  The manufacturing business category (NAICS 31, 32 and 33) includes all business entities primarily engaged in the mechanical, physical or chemical transformation of materials, substances or components into new products.

      2.  Examples of business entities in this category include, without limitation, milk bottling and pasteurizing, water bottling and processing, fresh fish packaging, apparel jobbing, contracting on materials owned by others, printing and related activities, ready-mixed concrete production, leather converting, grinding of lenses to prescription, wood preserving, electroplating, plating, metal heat, treating and polishing for the trade, lapidary work for the trade, fabricating signs and advertising displays, rebuilding or remanufacturing machinery, ship repair and renovation, machine shops and tire retreading.

      3.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.091 percent.

      Sec. 29. 1.  The wholesale trade business category (NAICS 42) includes all business entities primarily engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise.

 


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      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.101 percent.

      Sec. 30. 1.  The retail trade business category (NAICS 44 and 45) includes all businesses primarily engaged in retailing merchandise, generally without transformation, and rendering services incidental to the sale of merchandise.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.111 percent.

      Sec. 31. 1.  The air transportation business category (NAICS 481) includes all business entities primarily engaged in providing air transportation of passengers or cargo, or both, using aircraft, such as an airplane and helicopter.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.058 percent.

      Sec. 32. 1.  The truck transportation business category (NAICS 484) includes all business entities primarily engaged in providing over-the-road transportation of cargo using motor vehicles, such as a truck and tractor trailer.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.202 percent.

      Sec. 33. 1.  The rail transportation business category (NAICS 482) includes all business entities primarily engaged in providing rail transportation of passengers or cargo, or both, using railroad rolling stock.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.331 percent.

      Sec. 34. 1.  The other transportation business category (NAICS 483, 485, 486, 487, 488, 491 and 492) includes all business entities primarily engaged in:

      (a) Water transportation, including, without limitation, the transportation of passengers and cargo using watercraft;

      (b) Transit and ground passenger transportation, including, without limitation, charter buses, school buses, interurban bus transportation, taxis and limousine services, street railroads, commuter rail and rapid transit;

      (c) Pipeline transportation, including, without limitation, using transmission pipelines to transport products, such as crude oil, natural gas, refined petroleum products and slurry;

      (d) Scenic and sightseeing transportation, including, without limitation, on land or the water, or in the air;

      (e) Support activities for transportation, including, without limitation, air traffic control services, marine cargo handling, motor vehicle towing, railroad switching and terminals, and ship repair and maintenance not done in a shipyard, such as floating drydock services in a harbor;

 


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      (f) Postal services, including, without limitation, the activities of the United States Postal Service and its subcontractors operating under a universal service obligation to provide mail services, deliver letters and small parcels, and rural post offices on contract to the United States Postal Service; and

      (g) Courier and messenger services, including, without limitation, the provision of intercity, local or international delivery of parcels and documents without operating under a universal service obligation.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.129 percent.

      Sec. 35. 1.  The warehousing and storage business category (NAICS 493) includes all business entities primarily engaged in operating warehousing and storage facilities for general merchandise, refrigerated goods and other warehouse products.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.128 percent.

      Sec. 36. 1.  The publishing, software and data processing business category (NAICS 511, 512, 515 and 518) includes all business entities primarily engaged in:

      (a) Publishing, except on the Internet, including, without limitation, the publishing of newspapers, magazines, other periodicals and books, as well as directory and mailing list and software publishing;

      (b) Motion picture and sound recording, including, without limitation, the production and distribution of motion pictures and sound recordings;

      (c) Broadcasting, except on the Internet, including, without limitation, creating content or acquiring the right to distribute content and subsequently broadcast the content; and

      (d) Data processing, hosting and related services, including, without limitation, the provision of infrastructure for hosting and data processing services.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.253 percent.

      Sec. 37. 1.  The finance and insurance business category (NAICS 52) includes all business entities primarily engaged in financial transactions or in facilitating financial transactions.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.111 percent.

      Sec. 38. 1.  The real estate and rental and leasing business category (NAICS 53) includes all business entities primarily engaged in renting, leasing or otherwise allowing the use of tangible or intangible assets, providing related services, managing real estate for others, selling, renting or buying real estate for others, and appraising real estate.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.25 percent.

 


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Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.25 percent.

      Sec. 39. 1.  The professional, scientific and technical services business category (NAICS 54) includes all business entities primarily engaged in performing professional, scientific and technical activities for others.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.181 percent.

      Sec. 40. 1.  The management of companies and enterprises business category (NAICS 55) includes all business entities primarily engaged in:

      (a) Holding the securities of, or other equity interests in, companies and enterprises for the purpose of owning a controlling interest or influencing management decisions; or

      (b) Administering, overseeing and managing establishments of the company or enterprise and that normally undertake the strategic or organizational planning and decision-making role of the company or enterprise.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.137 percent.

      Sec. 41. 1.  The administrative and support services business category (NAICS 561) includes all business entities primarily engaged in activities that support the day-to-day operations of other organizations.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.154 percent.

      Sec. 42. 1.  The waste management and remediation services business category (NAICS 562) includes all business entities primarily engaged in the collection, treatment and disposal of waste materials.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.261 percent.

      Sec. 43. 1.  The educational services business category (NAICS 61) includes all businesses primarily engaged in providing instruction and training in a wide variety of subjects.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.281 percent.

      Sec. 44. 1.  The health care and social assistance business category (NAICS 62) includes all business entities primarily engaged in providing health care and social assistance for natural persons.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.190 percent.

 


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      Sec. 45. 1.  The arts, entertainment and recreation business category (NAICS 71) includes all business entities primarily engaged in operating facilities or providing services to meet varied cultural, entertainment and recreational interests of their patrons.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.24 percent.

      Sec. 46. 1.  The accommodation business category (NAICS 721) includes all business entities primarily engaged in providing lodging or short-term accommodations for travelers, vacationers and others.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.2 percent.

      Sec. 47. 1.  The food services and drinking places business category (NAICS 722) includes all business entities primarily engaged in preparing meals, snacks and beverages to customer order for immediate on-premises and off-premises consumption.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.194 percent.

      Sec. 48. 1.  The other services business category (NAICS 81) includes all business entities primarily engaged in providing services not included in any of the business categories described in sections 24 to 47, inclusive, of this act. Business entities in this category are primarily engaged in activities such as repairing equipment and machinery, promoting or administering religious activities, grantmaking, advocacy, and providing dry cleaning and laundry services, personal care services, death care services, pet care services, photofinishing services, temporary parking services and dating services.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.142 percent.

      Sec. 49. 1.  The unclassified business category includes any business entity not included in any of the business categories established by sections 24 to 48, inclusive, of this act.

      2.  The amount of the commerce tax for a business entity included in this category is the amount obtained by subtracting $4,000,000 from the Nevada gross revenue of the business entity for the taxable year and multiplying that amount by 0.128 percent.

      Sec. 50. A business entity’s method of accounting for gross revenue for a taxable year for the purposes of determining the amount of the commerce tax owed by the business entity must be the same as the business’s method of accounting for federal income tax purposes for the business’s federal taxable year which includes that calendar quarter. If a business entity’s method of accounting for federal income tax purposes changes, its method of accounting for gross revenue pursuant to this chapter must be changed accordingly.

 


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ê2015 Statutes of Nevada, Page 2895 (Chapter 487, SB 483)ê

 

      Sec. 51. If the Department determines that any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or computed, the Department shall set forth that fact in the records of the Department and certify to the State Board of Examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom it was paid. If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236, be refunded to the person or his or her successors in interest.

      Sec. 52. 1.  Except as otherwise provided in NRS 360.235 and 360.395:

      (a) No refund may be allowed unless a claim for it is filed with the Department within 3 years after the last day of the month following the last month of the taxable year for which the overpayment was made.

      (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.

      2.  Each claim must be in writing and must state the specific grounds upon which the claim is founded.

      3.  Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.

      4.  Within 30 days after rejecting any claim in whole or in part, the Department shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.

      Sec. 53. 1.  Except as otherwise provided in this section and NRS 360.320 or any other specific statute, interest must be paid upon any overpayment of any amount of the commerce tax at the rate set forth in, and in accordance with the provisions of, NRS 360.2937.

      2.  If the Department determines that any overpayment has been made intentionally or by reason of carelessness, the Department shall not allow any interest on the overpayment.

      Sec. 54. 1.  No injunction, writ of mandate or other legal or equitable process may issue in any suit, action or proceeding in any court against this State or against any officer of this State to prevent or enjoin the collection under this chapter of the commerce tax or any amount of tax, penalty or interest required to be collected.

      2.  No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.

      Sec. 55. 1.  Within 90 days after a final decision upon a claim filed pursuant to this chapter is rendered by the Commission, the claimant may bring an action against the Department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City, the county of this State where the claimant resides or maintains his or her principal place of business or a county in which any relevant proceedings were conducted by the Department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      2.  Failure to bring an action within the time specified constitutes a waiver of any demand against the State on account of alleged overpayments.

 


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      Sec. 56. 1.  If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

      2.  If judgment is rendered for the plaintiff, the amount of the judgment must first be credited toward any tax due from the plaintiff.

      3.  The balance of the judgment must be refunded to the plaintiff.

      Sec. 57. In any judgment, interest must be allowed at the rate of 3 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days. The date must be determined by the Department.

      Sec. 58. A judgment may not be rendered in favor of the plaintiff in any action brought against the Department to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.

      Sec. 59. 1.  The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.

      2.  The action must be tried in Carson City or Clark County unless the court, with the consent of the Attorney General, orders a change of place of trial.

      3.  The Attorney General shall prosecute the action, and the provisions of the Nevada Revised Statutes, the Nevada Rules of Civil Procedure and the Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings.

      Sec. 60. 1.  If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify that fact to the State Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.

      2.  If an amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying that fact to the State Board of Examiners, shall authorize the cancellation of the amount upon the records of the Department.

      Sec. 61. The remedies of the State provided for in this chapter are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.

      Sec. 62. Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, on or before September 30 of each even-numbered year, the Department shall determine the combined revenue from the taxes imposed by chapters 363A and 363B of NRS and the commerce tax imposed by sections 2 to 61, inclusive, of this act for the preceding fiscal year.

 


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ê2015 Statutes of Nevada, Page 2897 (Chapter 487, SB 483)ê

 

determine the combined revenue from the taxes imposed by chapters 363A and 363B of NRS and the commerce tax imposed by sections 2 to 61, inclusive, of this act for the preceding fiscal year.

      2.  Except as otherwise provided in subsection 4, if the combined revenue determined pursuant to subsection 1 exceeds by more than 4 percent the amount of the combined anticipated revenue from those taxes for that fiscal year, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year, the Department shall determine the rate at which the taxes imposed pursuant to NRS 363A.130 and 363B.110, in combination with the revenue from the commerce tax imposed by sections 2 to 61, inclusive, of this act, would have generated a combined revenue of 4 percent more than the amount anticipated. In making the determination required by this subsection, the Department shall reduce the rate of the taxes imposed pursuant to NRS 363A.130 and 363B.110 in the proportion that the actual amount collected from each tax for the preceding fiscal year bears to the total combined amount collected from both taxes for the preceding fiscal year.

      3.  Except as otherwise provided in subsection 4, effective on July 1 of the odd-numbered year immediately following the year in which the Department made the determination described in subsection 1, the rates of the taxes imposed pursuant to NRS 363A.130 and 363B.110 that are determined pursuant to subsection 2, rounded to the nearest one-thousandth of a percent, must thereafter be the rate of those taxes, unless further adjusted in a subsequent fiscal year.

      4.  If, pursuant to subsection 3, the rate of the tax imposed pursuant to NRS 363B.110 is 1.17 percent:

      (a) The Department is no longer required to make the determinations required by subsections 1 and 2; and

      (b) The rate of the taxes imposed pursuant to NRS 363A.130 and 363B.110 must not be further adjusted pursuant to subsection 3.

      Sec. 63. NRS 360.2937 is hereby amended to read as follows:

      360.2937  1.  Except as otherwise provided in this section and NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A or 377C of NRS, or sections 2 to 61, inclusive, of this act, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

      2.  No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.

      3.  The interest must be paid:

      (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.

      (b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.

 


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ê2015 Statutes of Nevada, Page 2898 (Chapter 487, SB 483)ê

 

      Sec. 64. NRS 360.300 is hereby amended to read as follows:

      360.300  1.  If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 369, 370, 372, 372A, 374, 377, 377A, 377C or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 2 to 61, inclusive, of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:

      (a) The facts contained in the return;

      (b) Any information within its possession or that may come into its possession; or

      (c) Reasonable estimates of the amount.

      2.  One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.

      3.  In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.

      4.  The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.

      5.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

      Sec. 65. NRS 360.417 is hereby amended to read as follows:

      360.417  Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 369, 370, 372, 374, 377, 377A, 377C, 444A or 585 of NRS, or sections 2 to 61, inclusive, of this act, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

      Sec. 66. NRS 360.510 is hereby amended to read as follows:

      360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:

      (a) Not later than 3 years after the payment became delinquent or the determination became final; or

      (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

 


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ê2015 Statutes of Nevada, Page 2899 (Chapter 487, SB 483)ê

 

Ê give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.

      2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.

      3.  After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.

      4.  Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.

      5.  If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

      6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

      7.  If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 369, 370, 372, 372A, 374, 377, 377A, 377C or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2 to 61, inclusive, of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

 


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ê2015 Statutes of Nevada, Page 2900 (Chapter 487, SB 483)ê

 

      Sec. 67. NRS 363A.030 is hereby amended to read as follows:

      363A.030  [“Employer”]

      1.  Except as otherwise provided in this section, “employer” means any [financial] :

      (a) Financial institution who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter with respect to any business activity of the financial institution . [, except]

      (b) Person who is subject to the tax on the net proceeds of minerals imposed pursuant to the provisions of NRS 362.100 to 362.240, inclusive, whether or not the person is required to pay that tax in a particular calendar year, and who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter with respect to any business activity of the person.

      2.  The term does not include an Indian tribe, a nonprofit organization or a political subdivision.

      3.  For the purposes of this section:

      [1.](a) “Indian tribe” includes any entity described in subsection 10 of NRS 612.055.

      [2.](b) “Nonprofit organization” means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      [3.](c) “Political subdivision” means any entity described in subsection 9 of NRS 612.055.

      Sec. 68. NRS 363A.130 is hereby amended to read as follows:

      363A.130  1.  [There] Except as otherwise provided in section 62 of this act, there is hereby imposed an excise tax on each employer at the rate of 2 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this section for that calendar quarter.

      4.  In determining the amount of the tax due pursuant to this section, an employer is entitled to subtract from the amount calculated pursuant to subsection 1 a credit in an amount equal to 50 percent of the amount of the commerce tax paid by the employer pursuant to sections 2 to 61, inclusive, of this act for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection 1 for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter immediately following the end of the taxable year for which the commerce tax was paid, and a taxpayer is not entitled to a refund of any unused credit.

 


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the end of the taxable year for which the commerce tax was paid, and a taxpayer is not entitled to a refund of any unused credit.

      Sec. 69. NRS 363B.030 is hereby amended to read as follows:

      363B.030  [“Employer”]

      1.  Except as otherwise provided in this section, “employer” means any employer who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter with respect to any business activity of the employer . [, except a]

      2.  The term does not include:

      (a) A financial institution [, an] ;

      (b) Any person who is subject to the tax on the net proceeds of minerals imposed pursuant to the provisions of NRS 362.100 to 362.240, inclusive, whether or not the person is required to pay that tax in a particular calendar year, and who is required to pay a contribution pursuant to NRS 612.535 for any calendar quarter with respect to any business activity of the person;

      (c) An Indian tribe [, a] ;

      (d) A nonprofit organization [, a] ;

      (e) A political subdivision ; or [any]

      (f) Any person who does not supply a product or service, but who only consumes a service.

      3.  For the purposes of this section:

      [1.](a) “Financial institution” has the meaning ascribed to it in NRS 363A.050.

      [2.](b) “Indian tribe” includes any entity described in subsection 10 of NRS 612.055.

      [3.](c) “Nonprofit organization” means a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      [4.](d) “Political subdivision” means any entity described in subsection 9 of NRS 612.055.

      Sec. 70. NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  [There] Except as otherwise provided in section 62 of this act, there is hereby imposed an excise tax on each employer at the rate of [0.63] 1.475 percent of the amount by which the sum of all the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer [.] exceeds $50,000.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

 


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      4.  In determining the amount of the tax due pursuant to this section, an employer is entitled to subtract from the amount calculated pursuant to subsection 1 a credit in an amount equal to 50 percent of the amount of the commerce tax paid by the employer pursuant to sections 2 to 61, inclusive, of this act for the preceding taxable year. The credit may only be used for any of the 4 calendar quarters immediately following the end of the taxable year for which the commerce tax was paid. The amount of credit used for a calendar quarter may not exceed the amount calculated pursuant to subsection 1 for that calendar quarter. Any unused credit may not be carried forward beyond the fourth calendar quarter immediately following the end of the taxable year for which the commerce tax was paid, and a taxpayer is not entitled to a refund of any unused credit.

      Sec. 71. NRS 370.165 is hereby amended to read as follows:

      370.165  There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [40] 90 mills per cigarette. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on the premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.

      Sec. 72. NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the Department in the form of remittances payable to the Department.

      2.  The Department shall:

      (a) As compensation to the State for the costs of collecting the taxes and license fees, transmit each month the sum the Legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the State Treasurer for deposit to the credit of the Department. The deposited money must be expended by the Department in accordance with its work program.

      (b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [35] 85 mills per cigarette to the State Treasurer for deposit to the credit of the Account for the Tax on Cigarettes in the State General Fund.

      (c) Transmit the balance of the payments each month to the State Treasurer for deposit in the Local Government Tax Distribution Account created by NRS 360.660.

      (d) Report to the State Controller monthly the amount of collections.

      3.  The money deposited pursuant to paragraph (c) of subsection 2 in the Local Government Tax Distribution Account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county.

      Sec. 73. NRS 370.350 is hereby amended to read as follows:

      370.350  1.  Except as otherwise provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.

 


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      2.  The amount of the use tax is [40] 90 mills per cigarette.

      3.  The use tax does not apply where:

      (a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.

      (b) Tax exemption is provided for in this chapter.

      Sec. 74. NRS 76.100 is hereby amended to read as follows:

      76.100  1.  A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Secretary of State;

      (b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the entity number as assigned by the Secretary of State, if known, and the location in this State of the place or places of business;

      (c) Be accompanied by a fee in the amount of [$100;] $200, except that if the applicant is a corporation organized pursuant to chapter 78, 78A or 78B of NRS, or a foreign corporation required to file an initial or annual list with the Secretary of State pursuant to chapter 80 of NRS, the application must be accompanied by a fee of $500; and

      (d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

      3.  The application must be signed pursuant to NRS 239.330 by:

      (a) The owner of a business that is owned by a natural person.

      (b) A member or partner of an association or partnership.

      (c) A general partner of a limited partnership.

      (d) A managing partner of a limited-liability partnership.

      (e) A manager or managing member of a limited-liability company.

      (f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

      4.  If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of this chapter, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to this title, other than a business organized pursuant to:

 


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             (1) Chapter 82 or 84 of NRS; or

             (2) Chapter 81 of NRS if the business is a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).

      (b) Has an office or other base of operations in this State;

      (c) Has a registered agent in this State; or

      (d) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid.

      7.  As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

      Sec. 75. NRS 76.130 is hereby amended to read as follows:

      76.130  1.  [A] Except as otherwise provided in subsection 2, a person who applies for renewal of a state business license shall submit a fee in the amount of [$100] $200 to the Secretary of State:

      (a) If the person is an entity required to file an annual list with the Secretary of State pursuant to this title, at the time the person submits the annual list to the Secretary of State, unless the person submits a certificate or other form evidencing the dissolution of the entity; or

      (b) If the person is not an entity required to file an annual list with the Secretary of State pursuant to this title, on the last day of the month in which the anniversary date of issuance of the state business license occurs in each year, unless the person submits a written statement to the Secretary of State, at least 10 days before that date, indicating that the person will not be conducting a business in this State after that date.

      2.  If the person applying for the renewal of a state business license pursuant to subsection 1 is a corporation organized pursuant to chapter 78, 78A or 78B of NRS, or a foreign corporation required to file an initial or annual list with the Secretary of State pursuant to chapter 80 of NRS, the fee for the renewal of a state business license is $500.

      3.  The Secretary of State shall, 90 days before the last day for filing an application for renewal of the state business license of a person who holds a state business license, provide to the person a notice of the state business license fee due pursuant to this section and a reminder to file the application for renewal required pursuant to this section. Failure of any person to receive a notice does not excuse the person from the penalty imposed by law.

      [3.]4.  If a person fails to submit the annual state business license fee required pursuant to this section in a timely manner and the person is:

      (a) An entity required to file an annual list with the Secretary of State pursuant to this title, the person:

             (1) Shall pay a penalty of $100 in addition to the annual state business license fee;

             (2) Shall be deemed to have not complied with the requirement to file an annual list with the Secretary of State; and

             (3) Is subject to all applicable provisions relating to the failure to file an annual list, including, without limitation, the provisions governing default and revocation of its charter or right to transact business in this State, except that the person is required to pay the penalty set forth in subparagraph (1).

      (b) Not an entity required to file an annual list with the Secretary of State, the person shall pay a penalty in the amount of $100 in addition to the annual state business license fee. The Secretary of State shall provide to the person a written notice that:

 


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             (1) Must include a statement indicating the amount of the fees and penalties required pursuant to this section and the costs remaining unpaid.

             (2) May be provided electronically, if the person has requested to receive communications by electronic transmission, by electronic mail or other electronic communication.

      Sec. 75.5. NRS 78.150 is hereby amended to read as follows:

      78.150  1.  A corporation organized pursuant to the laws of this State shall, on or before the last day of the first month after the filing of its articles of incorporation with the Secretary of State or, if the corporation has selected an alternative due date pursuant to subsection 11, on or before that alternative due date, file with the Secretary of State a list, on a form furnished by the Secretary of State, containing:

      (a) The name of the corporation;

      (b) The file number of the corporation, if known;

      (c) The names and titles of the president, secretary and treasurer, or the equivalent thereof, and of all the directors of the corporation;

      (d) The address, either residence or business, of each officer and director listed, following the name of the officer or director; and

      (e) The signature of an officer of the corporation, or some other person specifically authorized by the corporation to sign the list, certifying that the list is true, complete and accurate.

      2.  The corporation shall annually thereafter, on or before the last day of the month in which the anniversary date of incorporation occurs in each year or, if, pursuant to subsection 11, the corporation has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.

      3.  Each list required by subsection 1 or 2 must be accompanied by:

      (a) A declaration under penalty of perjury that:

             (1) The corporation has complied with the provisions of chapter 76 of NRS;

             (2) The corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and

             (3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

      (b) A statement as to whether the corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of State’s Internet website the Central Index Key of a corporation provided pursuant to this paragraph and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.

      4.  Upon filing the list required by:

      (a) Subsection 1, the corporation shall pay to the Secretary of State a fee of [$125.] $150.

 


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      (b) Subsection 2, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:

 

$75,000 or less........................................................................... [$125] $150

Over $75,000 and not over $200,000........................................ [175] 200

Over $200,000 and not over $500,000..................................... [275] 300

Over $500,000 and not over $1,000,000.................................. [375] 400

Over $1,000,000:

       For the first $1,000,000.......................................................... [375] 400

       For each additional $500,000 or fraction thereof....................... 275

Ê The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is [$11,100.] $11,125.

 

      5.  If a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.

      6.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 2, provide to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 4 and a reminder to file the annual list required by subsection 2. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by law.

      7.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective in any respect or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.

      8.  An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and must be accompanied by the appropriate fee as provided in subsection 4 for filing. A payment submitted pursuant to this subsection does not satisfy the requirements of subsection 2 for the year to which the due date is applicable.

      9.  A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.

      11.  The Secretary of State may allow a corporation to select an alternative due date for filing the list required by subsection 1.

      12.  The Secretary of State may adopt regulations to administer the provisions of subsection 11.

      Sec. 76. NRS 78.245 is hereby amended to read as follows:

      78.245  [No]

      1.  Except as otherwise provided in subsection 2, no stocks, bonds or other securities issued by any corporation organized under this chapter, nor the income or profits therefrom, nor the transfer thereof by assignment, descent, testamentary disposition or otherwise, shall be taxed by this State when such stocks, bonds or other securities shall be owned by nonresidents of this State or by foreign corporations.

 


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State when such stocks, bonds or other securities shall be owned by nonresidents of this State or by foreign corporations.

      2.  The provisions of subsection 1 do not apply to the commerce tax imposed pursuant to sections 2 to 61, inclusive, of this act.

      Sec. 76.1. NRS 80.110 is hereby amended to read as follows:

      80.110  1.  Each foreign corporation doing business in this State shall, on or before the last day of the first month after the information required by NRS 80.010 is filed with the Secretary of State or, if the foreign corporation has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The names and addresses, either residence or business, of its president, secretary and treasurer, or the equivalent thereof, and all of its directors; and

      (b) The signature of an officer of the corporation or some other person specifically authorized by the corporation to sign the list.

      2.  Each list filed pursuant to subsection 1 must be accompanied by:

      (a) A declaration under penalty of perjury that:

             (1) The foreign corporation has complied with the provisions of chapter 76 of NRS;

             (2) The foreign corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and

             (3) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

      (b) A statement as to whether the foreign corporation is a publicly traded company. If the corporation is a publicly traded company, the corporation must list its Central Index Key. The Secretary of State shall include on the Secretary of State’s Internet website the Central Index Key of a corporation provided pursuant to this subsection and instructions describing the manner in which a member of the public may obtain information concerning the corporation from the Securities and Exchange Commission.

      3.  Upon filing:

      (a) The initial list required by subsection 1, the corporation shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, the corporation shall pay to the Secretary of State, if the amount represented by the total number of shares provided for in the articles is:

 

$75,000 or less........................................................................... [$125] $150

Over $75,000 and not over $200,000........................................ [175] 200

Over $200,000 and not over $500,000..................................... [275] 300

Over $500,000 and not over $1,000,000.................................. [375] 400

Over $1,000,000:

       For the first $1,000,000.......................................................... [375] 400

       For each additional $500,000 or fraction thereof....................... 275

 


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Ê The maximum fee which may be charged pursuant to paragraph (b) for filing the annual list is [$11,100.] $11,125.

 

      4.  If a director or officer of a corporation resigns and the resignation is not reflected on the annual or amended list of directors and officers, the corporation or the resigning director or officer shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each corporation which is required to comply with the provisions of NRS 80.110 to 80.175, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list pursuant to subsection 1. Failure of any corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.175, inclusive.

      6.  An annual list for a corporation not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      7.  A person who files with the Secretary of State a list required by subsection 1 which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  For the purposes of this section, a stockholder is not deemed to exercise actual control of the daily operations of a corporation based solely on the fact that the stockholder has voting control of the corporation.

      9.  The Secretary of State may allow a foreign corporation to select an alternative due date for filing the initial list required by subsection 1.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 76.15. NRS 82.193 is hereby amended to read as follows:

      82.193  1.  A corporation shall have a registered agent in the manner provided in NRS 78.090 and 78.097. The registered agent and the corporation shall comply with the provisions of those sections.

      2.  Upon notification from the Administrator of the Real Estate Division of the Department of Business and Industry that a corporation which is a unit-owners’ association as defined in NRS 116.011 or 116B.030 has failed to register pursuant to NRS 116.31158 or 116B.625 or failed to pay the fees pursuant to NRS 116.31155 or 116B.620, the Secretary of State shall deem the corporation to be in default. If, after the corporation is deemed to be in default, the Administrator notifies the Secretary of State that the corporation has registered pursuant to NRS 116.31158 or 116B.625 and paid the fees pursuant to NRS 116.31155 or 116B.620, the Secretary of State shall reinstate the corporation if the corporation complies with the requirements for reinstatement as provided in this section and NRS 78.180 and 78.185.

      3.  A corporation is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:

      (a) The fee for filing a list is [$25;] $50;

      (b) The penalty added for default is $50; and

      (c) The fee for reinstatement is $100.

 


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      Sec. 76.2. NRS 82.523 is hereby amended to read as follows:

      82.523  1.  Each foreign nonprofit corporation doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign nonprofit corporation with the Secretary of State or, if the foreign nonprofit corporation has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign nonprofit corporation;

      (b) The file number of the foreign nonprofit corporation, if known;

      (c) The names and titles of the president, the secretary and the treasurer, or the equivalent thereof, and all the directors of the foreign nonprofit corporation;

      (d) The address, either residence or business, of the president, secretary and treasurer, or the equivalent thereof, and each director of the foreign nonprofit corporation; and

      (e) The signature of an officer of the foreign nonprofit corporation, or some other person specifically authorized by the foreign nonprofit corporation to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign nonprofit corporation has complied with the provisions of chapter 76 of NRS;

      (b) The foreign nonprofit corporation acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and

      (c) None of the officers or directors identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct.

      3.  Upon filing the initial list and each annual list pursuant to this section, the foreign nonprofit corporation must pay to the Secretary of State a fee of [$25.] $50.

      4.  The Secretary of State shall, 60 days before the last day for filing each annual list, provide to each foreign nonprofit corporation which is required to comply with the provisions of NRS 82.523 to 82.5239, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign nonprofit corporation to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 82.523 to 82.5239, inclusive.

      5.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      6.  An annual list for a foreign nonprofit corporation not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

 


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shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      7.  A person who files with the Secretary of State a list pursuant to this section which identifies an officer or director with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of an officer or director in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  For the purposes of this section, a member of a foreign nonprofit corporation is not deemed to exercise actual control of the daily operations of the foreign nonprofit corporation based solely on the fact that the member has voting control of the foreign nonprofit corporation.

      9.  The Secretary of State may allow a foreign nonprofit corporation to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 76.25. NRS 84.110 is hereby amended to read as follows:

      84.110  1.  Every corporation sole must have a registered agent in the manner provided in NRS 78.090 and 78.097. The registered agent shall comply with the provisions of those sections.

      2.  A corporation sole is subject to the provisions of NRS 78.150 to 78.185, inclusive, except that:

      (a) The fee for filing a list is [$25;] $50;

      (b) The penalty added for default is $50; and

      (c) The fee for reinstatement is $100.

      Sec. 76.3. NRS 86.263 is hereby amended to read as follows:

      86.263  1.  A limited-liability company shall, on or before the last day of the first month after the filing of its articles of organization with the Secretary of State or, if the limited-liability company has selected an alternative due date pursuant to subsection 11, on or before that alternative due date, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited-liability company;

      (b) The file number of the limited-liability company, if known;

      (c) The names and titles of all of its managers or, if there is no manager, all of its managing members;

      (d) The address, either residence or business, of each manager or managing member listed, following the name of the manager or managing member; and

      (e) The signature of a manager or managing member of the limited-liability company, or some other person specifically authorized by the limited-liability company to sign the list, certifying that the list is true, complete and accurate.

      2.  The limited-liability company shall thereafter, on or before the last day of the month in which the anniversary date of its organization occurs or, if, pursuant to subsection 11, the limited-liability company has selected an alternative due date for filing the list required by subsection 1, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, an annual list containing all of the information required in subsection 1.

 


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ê2015 Statutes of Nevada, Page 2911 (Chapter 487, SB 483)ê

 

      3.  Each list required by subsections 1 and 2 must be accompanied by a declaration under penalty of perjury that:

      (a) The limited-liability company has complied with the provisions of chapter 76 of NRS;

      (b) The limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.

      4.  Upon filing:

      (a) The initial list required by subsection 1, the limited-liability company shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 2, the limited-liability company shall pay to the Secretary of State a fee of [$125.] $150.

      5.  If a manager or managing member of a limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.

      6.  The Secretary of State shall, 90 days before the last day for filing each list required by subsection 2, provide to each limited-liability company which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due under subsection 4 and a reminder to file the list required by subsection 2. Failure of any company to receive a notice does not excuse it from the penalty imposed by law.

      7.  If the list to be filed pursuant to the provisions of subsection 1 or 2 is defective or the fee required by subsection 4 is not paid, the Secretary of State may return the list for correction or payment.

      8.  An annual list for a limited-liability company not in default received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.

      9.  A person who files with the Secretary of State a list required by subsection 1 or 2 which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a limited-liability company based solely on the fact that the member has voting control of the limited-liability company.

      11.  The Secretary of State may allow a limited-liability company to select an alternative due date for filing the list required by subsection 1.

      12.  The Secretary of State may adopt regulations to administer the provisions of subsection 11.

      Sec. 76.35. NRS 86.5461 is hereby amended to read as follows:

      86.5461  1.  Each foreign limited-liability company doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited-liability company with the Secretary of State or, if the foreign limited-liability company has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list on a form furnished by the Secretary of State that contains:

 


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ê2015 Statutes of Nevada, Page 2912 (Chapter 487, SB 483)ê

 

alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list on a form furnished by the Secretary of State that contains:

      (a) The name of the foreign limited-liability company;

      (b) The file number of the foreign limited-liability company, if known;

      (c) The names and titles of all its managers or, if there is no manager, all its managing members;

      (d) The address, either residence or business, of each manager or managing member listed pursuant to paragraph (c); and

      (e) The signature of a manager or managing member of the foreign limited-liability company, or some other person specifically authorized by the foreign limited-liability company to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign limited-liability company has complied with the provisions of chapter 76 of NRS;

      (b) The foreign limited-liability company acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and

      (c) None of the managers or managing members identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing member in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by this section, the foreign limited-liability company shall pay to the Secretary of State a fee of [$125.] $150.

      4.  If a manager or managing member of a foreign limited-liability company resigns and the resignation is not reflected on the annual or amended list of managers and managing members, the foreign limited-liability company or the resigning manager or managing member shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by this section, provide to each foreign limited-liability company which is required to comply with the provisions of NRS 86.5461 to 86.5468, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited-liability company to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 86.5461 to 86.5468, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited-liability company not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of this section for the year to which the due date is applicable.

 


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ê2015 Statutes of Nevada, Page 2913 (Chapter 487, SB 483)ê

 

date shall be deemed an amended list for the previous year and does not satisfy the requirements of this section for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a manager or managing member with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a manager or managing members in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  For the purposes of this section, a member is not deemed to exercise actual control of the daily operations of a foreign limited-liability company based solely on the fact that the member has voting control of the foreign limited-liability company.

      10.  The Secretary of State may allow a foreign limited-liability company to select an alternative due date for filing the initial list required by this section.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 76.4. NRS 87.510 is hereby amended to read as follows:

      87.510  1.  A registered limited-liability partnership shall, on or before the last day of the first month after the filing of its certificate of registration with the Secretary of State or, if the registered limited-liability partnership has selected an alternative due date pursuant to subsection 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of registration with the Secretary of State occurs or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the registered limited-liability partnership;

      (b) The file number of the registered limited-liability partnership, if known;

      (c) The names of all of its managing partners;

      (d) The address, either residence or business, of each managing partner; and

      (e) The signature of a managing partner of the registered limited-liability partnership, or some other person specifically authorized by the registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the registered limited-liability partnership has complied with the provisions of chapter 76 of NRS, that the registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State and that none of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.

      2.  Upon filing:

      (a) The initial list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of [$125.] $150.

 


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ê2015 Statutes of Nevada, Page 2914 (Chapter 487, SB 483)ê

 

      (b) Each annual list required by subsection 1, the registered limited-liability partnership shall pay to the Secretary of State a fee of [$125.] $150.

      3.  If a managing partner of a registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the registered limited-liability partnership or the resigning managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      4.  The Secretary of State shall, at least 90 days before the last day for filing each annual list required by subsection 1, provide to the registered limited-liability partnership a notice of the fee due pursuant to subsection 2 and a reminder to file the annual list required by subsection 1. The failure of any registered limited-liability partnership to receive a notice does not excuse it from complying with the provisions of this section.

      5.  If the list to be filed pursuant to the provisions of subsection 1 is defective, or the fee required by subsection 2 is not paid, the Secretary of State may return the list for correction or payment.

      6.  An annual list that is filed by a registered limited-liability partnership which is not in default more than 90 days before it is due shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      7.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      8.  The Secretary of State may allow a registered limited-liability partnership to select an alternative due date for filing the initial list required by subsection 1.

      9.  The Secretary of State may adopt regulations to administer the provisions of subsection 8.

      Sec. 76.45. NRS 87.541 is hereby amended to read as follows:

      87.541  1.  Each foreign registered limited-liability partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign registered limited-liability partnership with the Secretary of State or, if the foreign registered limited-liability partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign registered limited-liability partnership;

      (b) The file number of the foreign registered limited-liability partnership, if known;

      (c) The names of all its managing partners;

      (d) The address, either residence or business, of each managing partner; and

      (e) The signature of a managing partner of the foreign registered limited-liability partnership, or some other person specifically authorized by the foreign registered limited-liability partnership to sign the list, certifying that the list is true, complete and accurate.

 


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ê2015 Statutes of Nevada, Page 2915 (Chapter 487, SB 483)ê

 

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign registered limited-liability partnership has complied with the provisions of chapter 76 of NRS;

      (b) The foreign registered limited-liability partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the managing partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a managing partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by this section, the foreign registered limited-liability partnership shall pay to the Secretary of State a fee of [$125.] $150.

      4.  If a managing partner of a foreign registered limited-liability partnership resigns and the resignation is not reflected on the annual or amended list of managing partners, the foreign registered limited-liability partnership or the managing partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign registered limited-liability partnership which is required to comply with the provisions of NRS 87.541 to 87.544, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign registered limited-liability partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87.541 to 87.544, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign registered limited-liability partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a managing partner with the fraudulent intent of concealing the identity of any person or persons exercising the power and authority of a managing partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  The Secretary of State may allow a foreign registered limited-liability partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 76.5. NRS 87A.290 is hereby amended to read as follows:

      87A.290  1.  A limited partnership shall, on or before the last day of the first month after the filing of its certificate of limited partnership with the Secretary of State or, if the limited partnership has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

 


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ê2015 Statutes of Nevada, Page 2916 (Chapter 487, SB 483)ê

 

Secretary of State or, if the limited partnership has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited partnership;

      (b) The file number of the limited partnership, if known;

      (c) The names of all of its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) The signature of a general partner of the limited partnership, or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 76 of NRS, that the limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State, and that none of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      2.  Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      3.  A registered limited-liability limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      4.  If a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 87A.300.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.

 


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ê2015 Statutes of Nevada, Page 2917 (Chapter 487, SB 483)ê

 

      7.  An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A filing made pursuant to this section does not satisfy the provisions of NRS 87A.240 and may not be substituted for filings submitted pursuant to NRS 87A.240.

      9.  A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 76.55. NRS 87A.560 is hereby amended to read as follows:

      87A.560  1.  Each foreign limited partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State or, if the foreign limited partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign limited partnership;

      (b) The file number of the foreign limited partnership, if known;

      (c) The names of all its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) The signature of a general partner of the foreign limited partnership, or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign limited partnership has complied with the provisions of chapter 76 of NRS;

      (b) The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of [$125.] $150.

 


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ê2015 Statutes of Nevada, Page 2918 (Chapter 487, SB 483)ê

 

      (b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of [$125.] $150.

      4.  If a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 87A.560 to 87A.600, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 87A.560 to 87A.600, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 76.6. NRS 88.395 is hereby amended to read as follows:

      88.395  1.  A limited partnership shall, on or before the last day of the first month after the filing of its certificate of limited partnership with the Secretary of State or, if the limited partnership has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State, on a form furnished by the Secretary of State, a list that contains:

      (a) The name of the limited partnership;

      (b) The file number of the limited partnership, if known;

      (c) The names of all of its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) The signature of a general partner of the limited partnership, or some other person specifically authorized by the limited partnership to sign the list, certifying that the list is true, complete and accurate.

 


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ê2015 Statutes of Nevada, Page 2919 (Chapter 487, SB 483)ê

 

Ê Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that the limited partnership has complied with the provisions of chapter 76 of NRS, that the limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State, and that none of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      2.  Except as otherwise provided in subsection 3, a limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      3.  A registered limited-liability limited partnership shall, upon filing:

      (a) The initial list required by subsection 1, pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, pay to the Secretary of State a fee of [$175.] $200.

      4.  If a general partner of a limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each limited partnership which is required to comply with the provisions of this section, and which has not become delinquent, a notice of the fee due pursuant to the provisions of subsection 2 or 3, as appropriate, and a reminder to file the annual list required pursuant to subsection 1. Failure of any limited partnership to receive a notice does not excuse it from the penalty imposed by NRS 88.400.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 2 or 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a limited partnership not in default that is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A filing made pursuant to this section does not satisfy the provisions of NRS 88.355 and may not be substituted for filings submitted pursuant to NRS 88.355.

      9.  A person who files with the Secretary of State a list required by subsection 1 which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      10.  The Secretary of State may allow a limited partnership to select an alternative due date for filing the initial list required by subsection 1.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

 


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ê2015 Statutes of Nevada, Page 2920 (Chapter 487, SB 483)ê

 

      Sec. 76.65. NRS 88.591 is hereby amended to read as follows:

      88.591  1.  Each foreign limited partnership doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign limited partnership with the Secretary of State or, if the foreign limited partnership has selected an alternative due date pursuant to subsection 9, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign limited partnership;

      (b) The file number of the foreign limited partnership, if known;

      (c) The names of all its general partners;

      (d) The address, either residence or business, of each general partner; and

      (e) The signature of a general partner of the foreign limited partnership, or some other person specifically authorized by the foreign limited partnership to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign limited partnership has complied with the provisions of chapter 76 of NRS;

      (b) The foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the general partners identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct.

      3.  Upon filing:

      (a) The initial list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by this section, the foreign limited partnership shall pay to the Secretary of State a fee of [$125.] $150.

      4.  If a general partner of a foreign limited partnership resigns and the resignation is not reflected on the annual or amended list of general partners, the foreign limited partnership or the resigning general partner shall pay to the Secretary of State a fee of $75 to file the resignation of the general partner.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign limited partnership, which is required to comply with the provisions of NRS 88.591 to 88.5945, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign limited partnership to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88.591 to 88.5945, inclusive.

 


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      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign limited partnership not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a general partner with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a general partner in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  The Secretary of State may allow a foreign limited partnership to select an alternative due date for filing the initial list required by this section.

      10.  The Secretary of State may adopt regulations to administer the provisions of subsection 9.

      Sec. 76.7. NRS 88A.600 is hereby amended to read as follows:

      88A.600  1.  A business trust formed pursuant to this chapter shall, on or before the last day of the first month after the filing of its certificate of trust with the Secretary of State or, if the business trust has selected an alternative due date pursuant to subsection 8, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of the filing of its certificate of trust with the Secretary of State occurs, file with the Secretary of State or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, on a form furnished by the Secretary of State, a list signed by at least one trustee, or by some other person specifically authorized by the business trust to sign the list, that contains the name and street address of at least one trustee. Each list filed pursuant to this subsection must be accompanied by a declaration under penalty of perjury that:

      (a) The business trust has complied with the provisions of chapter 76 of NRS;

      (b) The business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.

      2.  Upon filing:

      (a) The initial list required by subsection 1, the business trust shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by subsection 1, the business trust shall pay to the Secretary of State a fee of [$125.] $150.

      3.  If a trustee of a business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.

      4.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each business trust which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 2 and a reminder to file the list required pursuant to subsection 1.

 


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which is required to comply with the provisions of NRS 88A.600 to 88A.660, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 2 and a reminder to file the list required pursuant to subsection 1. Failure of a business trust to receive a notice does not excuse it from the penalty imposed by law.

      5.  An annual list for a business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year.

      6.  A person who files with the Secretary of State an initial list or annual list required by subsection 1 which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      7.  For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a business trust based solely on the fact that the person is a beneficial owner.

      8.  The Secretary of State may allow a business trust to select an alternative due date for filing the initial list required by subsection 1.

      9.  The Secretary of State may adopt regulations to administer the provisions of subsection 8.

      Sec. 76.75. NRS 88A.732 is hereby amended to read as follows:

      88A.732  1.  Each foreign business trust doing business in this State shall, on or before the last day of the first month after the filing of its application for registration as a foreign business trust with the Secretary of State or, if the foreign business trust has selected an alternative due date pursuant to subsection 10, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

      (a) The name of the foreign business trust;

      (b) The file number of the foreign business trust, if known;

      (c) The name of at least one of its trustees;

      (d) The address, either residence or business, of the trustee listed pursuant to paragraph (c); and

      (e) The signature of a trustee of the foreign business trust, or some other person specifically authorized by the foreign business trust to sign the list, certifying that the list is true, complete and accurate.

      2.  Each list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

      (a) The foreign business trust has complied with the provisions of chapter 76 of NRS;

      (b) The foreign business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

      (c) None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.

      3.  Upon filing:

 


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      (a) The initial list required by this section, the foreign business trust shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of [$125.] $150.

      4.  If a trustee of a foreign business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the foreign business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.

      5.  The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign business trust which is required to comply with the provisions of NRS 88A.732 to 88A.738, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign business trust to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88A.732 to 88A.738, inclusive.

      6.  If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

      7.  An annual list for a foreign business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

      8.  A person who files with the Secretary of State a list required by this section which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      9.  For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a foreign business trust based solely on the fact that the person is a beneficial owner.

      10.  The Secretary of State may allow a foreign business trust to select an alternative due date for filing the initial list required by this section.

      11.  The Secretary of State may adopt regulations to administer the provisions of subsection 10.

      Sec. 76.8. NRS 89.250 is hereby amended to read as follows:

      89.250  1.  Except as otherwise provided in subsection 2, a professional association shall, on or before the last day of the first month after the filing of its articles of association with the Secretary of State or, if the professional association has selected an alternative due date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list showing the names and addresses, either residence or business, of all members and employees in the professional association and certifying that all members and employees are licensed to render professional service in this State.

      2.  A professional association organized and practicing pursuant to the provisions of this chapter and NRS 623.349 shall, on or before the last day of the first month after the filing of its articles of association with the Secretary of State or, if the professional association has selected an alternative due date pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list:

 


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pursuant to subsection 7, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its organization occurs in each year or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list:

      (a) Showing the names and addresses, either residence or business, of all members and employees of the professional association who are licensed or otherwise authorized by law to render professional service in this State;

      (b) Certifying that all members and employees who render professional service are licensed or otherwise authorized by law to render professional service in this State; and

      (c) Certifying that all members who are not licensed to render professional service in this State do not render professional service on behalf of the professional association except as authorized by law.

      3.  Each list filed pursuant to this section must be:

      (a) Made on a form furnished by the Secretary of State and must not contain any fiscal or other information except that expressly called for by this section.

      (b) Signed by the chief executive officer of the professional association or by some other person specifically authorized by the chief executive officer to sign the list.

      (c) Accompanied by a declaration under penalty of perjury that:

             (1) The professional association has complied with the provisions of chapter 76 of NRS;

             (2) The professional association acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

             (3) None of the members or employees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct.

      4.  Upon filing:

      (a) The initial list required by this section, the professional association shall pay to the Secretary of State a fee of [$125.] $150.

      (b) Each annual list required by this section, the professional association shall pay to the Secretary of State a fee of [$125.] $150.

      5.  A person who files with the Secretary of State an initial list or annual list required by this section which identifies a member or an employee of a professional association with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a member or employee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

      6.  For the purposes of this section, a person is not deemed to exercise actual control of the daily operations of a professional association based solely on the fact that the person holds an ownership interest in the professional association.

      7.  The Secretary of State may allow a professional association to select an alternative due date for filing the initial list required by this section.

      8.  The Secretary of State may adopt regulations to administer the provisions of subsection 7.

 


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      Sec. 77. NRS 90.420 is hereby amended to read as follows:

      90.420  1.  The Administrator by order may deny, suspend or revoke any license, fine any licensed person, limit the activities governed by this chapter that an applicant or licensed person may perform in this State, bar an applicant or licensed person from association with a licensed broker-dealer or investment adviser or bar from employment with a licensed broker-dealer or investment adviser a person who is a partner, officer, director, sales representative, investment adviser or representative of an investment adviser, or a person occupying a similar status or performing a similar function for an applicant or licensed person, if the Administrator finds that the order is in the public interest and that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, any partner, officer, director, sales representative, investment adviser, representative of an investment adviser, or person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser, or any transfer agent or any person directly or indirectly controlling the transfer agent:

      (a) Has filed an application for licensing with the Administrator which, as of its effective date, or as of any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;

      (b) Has violated or failed to comply with a provision of this chapter as now or formerly in effect or a regulation or order adopted or issued under this chapter;

      (c) Is the subject of an adjudication or determination after notice and opportunity for hearing, within the last 5 years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act or the securities law of any other state, but only if the acts constituting the violation of that state’s law would constitute a violation of this chapter had the acts taken place in this State;

      (d) Has been convicted of a felony or, within the previous 10 years has been convicted of a misdemeanor, which the Administrator finds:

             (1) Involves the purchase or sale of a security, taking a false oath, making a false report, bribery, perjury, burglary, robbery or conspiracy to commit any of the foregoing offenses;

             (2) Arises out of the conduct of business as a broker-dealer, investment adviser, depository institution, insurance company or fiduciary;

             (3) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion or misappropriation of money or securities or conspiracy to commit any of the foregoing offenses; or

             (4) Involves moral turpitude;

      (e) Is or has been permanently or temporarily enjoined by any court of competent jurisdiction, unless the order has been vacated, from acting as an investment adviser, representative of an investment adviser, underwriter, broker-dealer or as an affiliated person or employee of an investment company, depository institution or insurance company or from engaging in or continuing any conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of a security;

 


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      (f) Is or has been the subject of an order of the Administrator, unless the order has been vacated, denying, suspending or revoking the person’s license as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent;

      (g) Is or has been the subject of any of the following orders which were issued within the last 5 years, unless the order has been vacated:

             (1) An order by the securities agency or administrator of another state, jurisdiction, Canadian province or territory, the Commodity Futures Trading Commission, or by the Securities and Exchange Commission or a comparable regulatory agency of another country, entered after notice and opportunity for hearing, denying, suspending or revoking the person’s license as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent;

             (2) A suspension or expulsion from membership in or association with a member of a self-regulatory organization;

             (3) An order by a self-regulatory organization that prohibits the person from serving, indefinitely or for a specified period, as a principal or in a supervisory capacity within a business or organization which is a member of a self-regulatory organization;

             (4) An order of the United States Postal Service relating to fraud;

             (5) An order to cease and desist entered after notice and opportunity for hearing by the Administrator, the securities agency or administrator of another state, jurisdiction, Canadian province or territory, the Securities and Exchange Commission or a comparable regulatory agency of another country, or the Commodity Futures Trading Commission; or

             (6) An order by the Commodity Futures Trading Commission denying, suspending or revoking registration under the Commodity Exchange Act;

      (h) Has engaged in unethical or dishonest practices in the securities business;

      (i) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the Administrator may not enter an order against a broker-dealer or investment adviser under this paragraph without a finding of insolvency as to the broker-dealer or investment adviser;

      (j) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (k) Is determined by the Administrator in compliance with NRS 90.430 not to be qualified on the basis of lack of training, experience and knowledge of the securities business; or

      (l) Has failed reasonably to supervise a sales representative, employee or representative of an investment adviser.

      2.  The Administrator may not institute a proceeding on the basis of a fact or transaction known to the director when the license became effective unless the proceeding is instituted within 90 days after issuance of the license.

      3.  If the Administrator finds that an applicant or licensed person is no longer in existence or has ceased to do business as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent or is adjudicated mentally incompetent or subjected to the control of a committee, conservator or guardian or cannot be located after reasonable search, the Administrator may by order deny the application or revoke the license.

 


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control of a committee, conservator or guardian or cannot be located after reasonable search, the Administrator may by order deny the application or revoke the license.

      Sec. 78. NRS 90.730 is hereby amended to read as follows:

      90.730  1.  Except as otherwise provided in subsection 2, information and records filed with or obtained by the Administrator are public information and are available for public examination.

      2.  Except as otherwise provided in subsections 3 and 4 and NRS 239.0115, the following information and records do not constitute public information under subsection 1 and are confidential:

      (a) Information or records obtained by the Administrator in connection with an investigation concerning possible violations of this chapter; and

      (b) Information or records filed with the Administrator in connection with a registration statement filed under this chapter or a report under NRS 90.390 which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      3.  The Administrator may submit any information or evidence obtained in connection with an investigation to the:

      (a) Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action under this chapter; and

      (b) Department of Taxation for its use in carrying out the provisions of chapter 363A of NRS [.] and the chapter consisting of sections 2 to 61, inclusive, of this act.

      4.  The Administrator may disclose any information obtained in connection with an investigation pursuant to NRS 90.620 to the agencies and administrators specified in subsection 1 of NRS 90.740 but only if disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding, and the receiving agency or administrator represents in writing that under applicable law protections exist to preserve the integrity, confidentiality and security of the information.

      5.  This chapter does not create any privilege or diminish any privilege existing at common law, by statute, regulation or otherwise.

      Sec. 78.1. NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State [Highway] General Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

 


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district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City.......... 1.07 percent            Lincoln..................... 3.12 percent

Churchill................ 5.21 percent            Lyon......................... 2.90 percent

Clark.................... 22.54 percent            Mineral..................... 2.40 percent

Douglas................. 2.52 percent            Nye........................... 4.09 percent

Elko..................... 13.31 percent            Pershing.................... 7.00 percent

Esmeralda............. 2.52 percent            Storey....................... 0.19 percent

Eureka................... 3.10 percent            Washoe.................. 12.24 percent

Humboldt............. 8.25 percent            White Pine............... 5.66 percent

Lander................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 78.3. NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to the State General Fund and the State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

 


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ê2015 Statutes of Nevada, Page 2929 (Chapter 487, SB 483)ê

 

taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 

Carson City.......... 1.07 percent            Lincoln..................... 3.12 percent

Churchill................ 5.21 percent            Lyon......................... 2.90 percent

Clark.................... 22.54 percent            Mineral..................... 2.40 percent

Douglas................. 2.52 percent            Nye........................... 4.09 percent

Elko..................... 13.31 percent            Pershing.................... 7.00 percent

Esmeralda............. 2.52 percent            Storey....................... 0.19 percent

Eureka................... 3.10 percent            Washoe.................. 12.24 percent

Humboldt............. 8.25 percent            White Pine............... 5.66 percent

Lander................... 3.88 percent

 


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ê2015 Statutes of Nevada, Page 2930 (Chapter 487, SB 483)ê

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 78.5. NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 5, after deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180, and the amount transferred to [the State General Fund and the] State Highway Fund pursuant to NRS 482.182, the Department shall certify monthly to the State Board of Examiners the amount of the basic and supplemental governmental services taxes collected for each county by the Department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental governmental services tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.043, 371.045 and 371.047.

      3.  The distribution of the basic governmental services tax received or collected for each county must be made to the county school district within each county before any distribution is made to a local government, special district or enterprise district. For the purpose of calculating the amount of the basic governmental services tax to be distributed to the county school district, the taxes levied by each local government, special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  After making the distributions set forth in subsection 3, the remaining money received or collected for each county must be deposited in the Local Government Tax Distribution Account created by NRS 360.660 for distribution to local governments, special districts and enterprise districts within each county pursuant to the provisions of NRS 360.680 and 360.690.

      5.  An amount equal to any basic governmental services tax distributed to a redevelopment agency in the Fiscal Year 1987-1988 must continue to be distributed to that agency as long as it exists but must not be increased.

      6.  The Department shall make distributions of the basic governmental services tax directly to county school districts.

      7.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

      (b) “Local government” has the meaning ascribed to it in NRS 360.640.

      (c) “Received or collected for each county” means:

             (1) For the basic governmental services tax collected on vehicles subject to the provisions of chapter 706 of NRS, the amount determined for each county based on the following percentages:

 


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Carson City.......... 1.07 percent            Lincoln..................... 3.12 percent

Churchill................ 5.21 percent            Lyon......................... 2.90 percent

Clark.................... 22.54 percent            Mineral..................... 2.40 percent

Douglas................. 2.52 percent            Nye........................... 4.09 percent

Elko..................... 13.31 percent            Pershing.................... 7.00 percent

Esmeralda............. 2.52 percent            Storey....................... 0.19 percent

Eureka................... 3.10 percent            Washoe.................. 12.24 percent

Humboldt............. 8.25 percent            White Pine............... 5.66 percent

Lander................... 3.88 percent

 

             (2) For all other basic and supplemental governmental services tax received or collected by the Department, the amount attributable to each county based on the county of registration of the vehicle for which the tax was paid.

      (d) “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 78.7. NRS 482.182 is hereby amended to read as follows:

      482.182  1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the State [Highway] General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

 


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which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 78.8. NRS 482.182 is hereby amended to read as follows:

      482.182  1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the :

      (a) State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month 50 percent of the amounts indicated pursuant to this section.

      (b) State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month 50 percent of the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 78.9. NRS 482.182 is hereby amended to read as follows:

      482.182  1.  After deducting the amount withheld by the Department and the amount credited to the Department pursuant to subsection 6 of NRS 482.180 and before carrying out the provisions of NRS 482.181 each month, the Department shall direct the State Controller to transfer to the [:

 


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      (a) State General Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month 50 percent of the amounts indicated pursuant to this section.

      (b)] State Highway Fund from the proceeds of the basic governmental services tax collected by the Department and its agents during the preceding month [50 percent of] the amounts indicated pursuant to this section.

      2.  Except as otherwise provided in subsection 3, the amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles depreciated in accordance with:

      (a) Subsection 1 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 11 percent of those proceeds;

             (2) Two years, is a sum equal to 12 percent of those proceeds;

             (3) Three years, is a sum equal to 13 percent of those proceeds;

             (4) Four years, is a sum equal to 15 percent of those proceeds;

             (5) Five years, is a sum equal to 18 percent of those proceeds;

             (6) Six years, is a sum equal to 22 percent of those proceeds;

             (7) Seven years, is a sum equal to 29 percent of those proceeds;

             (8) Eight years, is a sum equal to 40 percent of those proceeds; and

             (9) Nine years or more, is a sum equal to 67 percent of those proceeds; and

      (b) Subsection 2 of NRS 371.060 based upon an age of:

             (1) One year, is a sum equal to 12 percent of those proceeds;

             (2) Two years, is a sum equal to 14 percent of those proceeds;

             (3) Three years, is a sum equal to 18 percent of those proceeds;

             (4) Four years, is a sum equal to 21 percent of those proceeds;

             (5) Five years, is a sum equal to 26 percent of those proceeds;

             (6) Six years, is a sum equal to 30 percent of those proceeds;

             (7) Seven years, is a sum equal to 33 percent of those proceeds;

             (8) Eight years, is a sum equal to 37 percent of those proceeds;

             (9) Nine years, is a sum equal to 40 percent of those proceeds; and

             (10) Ten years or more, is a sum equal to 43 percent of those proceeds.

      3.  The amount required to be transferred pursuant to subsection 1 from the proceeds of the basic governmental services tax imposed on vehicles to which the minimum amount of that tax applies pursuant to paragraph (b) of subsection 3 of NRS 371.060 is a sum equal to 63 percent of those proceeds.

      Sec. 79. NRS 604A.820 is hereby amended to read as follows:

      604A.820  1.  If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, the Commissioner shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order either dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the licensee by registered or certified mail.

      (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any regulation adopted pursuant thereto.

 


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      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorney’s fees of the Commissioner.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted pursuant thereto;

      (c) The licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the licensee’s original application for a license pursuant to the provisions of this chapter; or

      (e) The licensee:

             (1) Failed to open an office for the conduct of the business authorized by his or her license within 180 days after the date the license was issued; or

             (2) Has failed to remain open for the conduct of the business for a period of 180 days without good cause therefor.

      4.  Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

      5.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Sec. 80. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

 


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Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS [.]

 


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Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS [.] and the chapter consisting of sections 2 to 61, inclusive, of this act. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the preceding month and request that the Administrator compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 81. NRS 616B.012 is hereby amended to read as follows:

      616B.012  1.  Except as otherwise provided in this section and NRS 239.0115, 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or legal representative of the claimant is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      3.  The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

 


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      (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance.

      4.  Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested information.

      5.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit to the Administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.

      6.  Upon request by the Department of Taxation, the Administrator shall provide:

      (a) Lists containing the names and addresses of employers; and

      (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS,

Ê to the Department for its use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS [.] and the chapter consisting of sections 2 to 61, inclusive, of this act. The Administrator may charge a reasonable fee to cover any related administrative expenses.

      7.  Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor.

      8.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

 


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letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      9.  The provisions of this section do not prohibit the Administrator or the Division from disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance.

      Sec. 82. NRS 645B.060 is hereby amended to read as follows:

      645B.060  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage brokers and mortgage agents doing business in this State.

      2.  In addition to the other duties imposed upon him or her by law, the Commissioner shall:

      (a) Adopt regulations:

             (1) Setting forth the requirements for an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property. The regulations must include, without limitation, the minimum financial conditions that the investor must comply with before becoming an investor.

             (2) Establishing reasonable limitations and guidelines on loans made by a mortgage broker to a director, officer, mortgage agent or employee of the mortgage broker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      (d) Except as otherwise provided in subsection 4, conduct an annual examination of each mortgage broker doing business in this State. The annual examination must include, without limitation, a formal exit review with the mortgage broker. The Commissioner shall adopt regulations prescribing:

             (1) Standards for determining the rating of each mortgage broker based upon the results of the annual examination; and

             (2) Procedures for resolving any objections made by the mortgage broker to the results of the annual examination. The results of the annual examination may not be opened to public inspection pursuant to NRS 645B.090 until after a period of time set by the Commissioner to determine any objections made by the mortgage broker.

      (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary for the efficient administration of the laws of this State regarding mortgage brokers and mortgage agents. The Commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

      (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

 


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             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapter 363A of NRS [.] and sections 2 to 61, inclusive, of this act.

      (g) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers and mortgage agents meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage broker or mortgage agent shall pay a fee based on the rate established pursuant to NRS 645F.280.

      4.  The Commissioner may conduct examinations of a mortgage broker, as described in paragraph (d) of subsection 2, on a biennial instead of an annual basis if the mortgage broker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage broker;

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division; and

      (d) Does not maintain any trust accounts pursuant to NRS 645B.170 or 645B.175 or arrange loans funded by private investors.

      Sec. 83. NRS 645B.670 is hereby amended to read as follows:

      645B.670  1.  Except as otherwise provided in NRS 645B.690:

      (a) For each violation committed by an applicant for a license issued pursuant to this chapter, whether or not the applicant is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $25,000 if the applicant:

             (1) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

             (2) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by the applicant, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

             (3) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his or her application for a license or during the course of the investigation of his or her application for a license.

      (b) For each violation committed by a mortgage broker, the Commissioner may impose upon the mortgage broker an administrative fine of not more than $25,000, may suspend, revoke or place conditions upon the mortgage broker’s license, or may do both, if the mortgage broker, whether or not acting as such:

             (1) Is insolvent;

             (2) Is grossly negligent or incompetent in performing any act for which the mortgage broker is required to be licensed pursuant to the provisions of this chapter;

             (3) Does not conduct his or her business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

 


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             (4) Is in such financial condition that the mortgage broker cannot continue in business with safety to his or her customers;

             (5) Has made a material misrepresentation in connection with any transaction governed by this chapter;

             (6) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage broker knew or, by the exercise of reasonable diligence, should have known;

             (7) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage broker possesses and which, if submitted by the mortgage broker, would have rendered the mortgage broker ineligible to be licensed pursuant to the provisions of this chapter;

             (8) Has failed to account to persons interested for all money received for a trust account;

             (9) Has refused to permit an examination by the Commissioner of his or her books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

             (10) Has been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering;

             (11) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the mortgage broker is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

             (12) Has failed to satisfy a claim made by a client which has been reduced to judgment;

             (13) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

             (14) Has commingled the money or other property of a client with his or her own or has converted the money or property of others to his or her own use;

             (15) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

             (16) Has repeatedly violated the policies and procedures of the mortgage broker;

             (17) Has failed to exercise reasonable supervision and control over the activities of a mortgage agent as required by NRS 645B.460;

             (18) Has instructed a mortgage agent to commit an act that would be cause for the revocation of the license of the mortgage broker, whether or not the mortgage agent commits the act;

             (19) Has employed a person as a mortgage agent or authorized a person to be associated with the mortgage broker as a mortgage agent at a time when the mortgage broker knew or, in light of all the surrounding facts and circumstances, reasonably should have known that the person:

                   (I) Had been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering; or

 


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any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering; or

                   (II) Had a license or registration as a mortgage agent, mortgage banker, mortgage broker or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license or registration revoked within the immediately preceding 10 years;

             (20) Has violated NRS 645C.557;

             (21) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act; or

             (22) Has, directly or indirectly, paid any commission, fees, points or any other compensation as remuneration for the services of a mortgage agent to a person other than a mortgage agent who:

                   (I) Is an employee of or associated with the mortgage broker; or

                   (II) If the mortgage agent is required to register with the Registry, is an employee of and whose sponsorship has been entered with the Registry by the mortgage broker as required by subsection 2 of NRS 645B.450.

      (c) For each violation committed by a mortgage agent, the Commissioner may impose upon the mortgage agent an administrative fine of not more than $25,000, may suspend, revoke or place conditions upon the mortgage agent’s license, or may do both, if the mortgage agent, whether or not acting as such:

             (1) Is grossly negligent or incompetent in performing any act for which the mortgage agent is required to be licensed pursuant to the provisions of this chapter;

             (2) Has made a material misrepresentation in connection with any transaction governed by this chapter;

             (3) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the mortgage agent knew or, by the exercise of reasonable diligence, should have known;

             (4) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the mortgage agent possesses and which, if submitted by the mortgage agent, would have rendered the mortgage agent ineligible to be licensed pursuant to the provisions of this chapter;

             (5) Has been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering;

             (6) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

             (7) Has commingled the money or other property of a client with his or her own or has converted the money or property of others to his or her own use;

             (8) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice;

             (9) Has violated NRS 645C.557;

             (10) Has repeatedly violated the policies and procedures of the mortgage broker with whom the mortgage agent is associated or by whom he or she is employed;

 


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            (11) Has, directly or indirectly, received any commission, fees, points or any other compensation as remuneration for his or her services as a mortgage agent:

                   (I) From a person other than the mortgage broker with whom the mortgage agent is associated or by whom he or she is employed; or

                   (II) If the mortgage agent is required to be registered with the Registry, from a person other than the mortgage broker by whom the mortgage agent is employed and on whose behalf sponsorship was entered as required by subsection 2 of NRS 645B.450; or

             (12) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner or has assisted or offered to assist another person to commit such a violation.

      2.  This section does not prohibit the co-brokering of a commercial loan through the cooperation of two or more mortgage brokers so long as such a transaction is not inconsistent with any other provision of this chapter.

      Sec. 84. NRS 645E.300 is hereby amended to read as follows:

      645E.300  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage bankers doing business in this State.

      2.  In addition to the other duties imposed upon him or her by law, the Commissioner shall:

      (a) Adopt regulations establishing reasonable limitations and guidelines on loans made by a mortgage banker to a director, officer or employee of the mortgage banker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan fees.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      (d) Except as otherwise provided in subsection 4, conduct an annual examination of each mortgage banker doing business in this State.

      (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary for the efficient administration of the laws of this State regarding mortgage bankers.

      (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapter 363A of NRS [.] and sections 2 to 61, inclusive, of this act.

      (g) Conduct such examinations and investigations as are necessary to ensure that mortgage bankers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage banker shall pay a fee based on the rate established pursuant to NRS 645F.280.

 


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      4.  The Commissioner may conduct biennial examinations of a mortgage banker instead of annual examinations, as described in paragraph (d) of subsection 2, if the mortgage banker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage banker; and

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division.

      Sec. 85. NRS 645E.670 is hereby amended to read as follows:

      645E.670  1.  For each violation committed by an applicant, whether or not the applicant is issued a license, the Commissioner may impose upon the applicant an administrative fine of not more than $25,000 if the applicant:

      (a) Has knowingly made or caused to be made to the Commissioner any false representation of material fact;

      (b) Has suppressed or withheld from the Commissioner any information which the applicant possesses and which, if submitted by the applicant, would have rendered the applicant ineligible to be licensed pursuant to the provisions of this chapter; or

      (c) Has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner in completing and filing his or her application for a license or during the course of the investigation of his or her application for a license.

      2.  For each violation committed by a licensee, the Commissioner may impose upon the licensee an administrative fine of not more than $25,000, may suspend, revoke or place conditions upon the license, or may do both, if the licensee, whether or not acting as such:

      (a) Is insolvent;

      (b) Is grossly negligent or incompetent in performing any act for which the licensee is required to be licensed pursuant to the provisions of this chapter;

      (c) Does not conduct his or her business in accordance with law or has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

      (d) Is in such financial condition that the licensee cannot continue in business with safety to his or her customers;

      (e) Has made a material misrepresentation in connection with any transaction governed by this chapter;

      (f) Has suppressed or withheld from a client any material facts, data or other information relating to any transaction governed by the provisions of this chapter which the licensee knew or, by the exercise of reasonable diligence, should have known;

      (g) Has knowingly made or caused to be made to the Commissioner any false representation of material fact or has suppressed or withheld from the Commissioner any information which the licensee possesses and which, if submitted by the licensee, would have rendered the licensee ineligible to be licensed pursuant to the provisions of this chapter;

      (h) Has failed to account to persons interested for all money received for a trust account;

      (i) Has refused to permit an examination by the Commissioner of his or her books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

 


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furnish any information or make any report that may be required by the Commissioner pursuant to the provisions of this chapter or a regulation adopted pursuant to this chapter;

      (j) Has been convicted of, or entered or agreed to enter a plea of nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering;

      (k) Has refused or failed to pay, within a reasonable time, any fees, assessments, costs or expenses that the licensee is required to pay pursuant to this chapter or a regulation adopted pursuant to this chapter;

      (l) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (m) Has failed to satisfy a claim made by a client which has been reduced to judgment;

      (n) Has failed to account for or to remit any money of a client within a reasonable time after a request for an accounting or remittal;

      (o) Has violated NRS 645C.557;

      (p) Has commingled the money or other property of a client with his or her own or has converted the money or property of others to his or her own use; or

      (q) Has engaged in any other conduct constituting a deceitful, fraudulent or dishonest business practice.

      3.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 86. NRS 658.151 is hereby amended to read as follows:

      658.151  1.  The Commissioner may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the depository institution:

      (a) Has violated its charter or any laws applicable thereto.

      (b) Is conducting its business in an unauthorized or unsafe manner.

      (c) Is in an unsafe or unsound condition to transact its business.

      (d) Has an impairment of its stockholders’ or members’ equity.

      (e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which those certificates of indebtedness or investment were sold.

      (f) Has become or is in imminent danger of becoming otherwise insolvent.

      (g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.

      (h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.

      (i) Has made a voluntary assignment of its assets to trustees.

      (j) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [.] or sections 2 to 61, inclusive, of this act.

      2.  The Commissioner also may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the officers of the depository institution have refused to be examined upon oath regarding its affairs.

 


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      Sec. 87. NRS 665.133 is hereby amended to read as follows:

      665.133  1.  The records and information described in NRS 665.130 may be disclosed to:

      (a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;

      (b) The Director of the Department of Business and Industry for the Director’s confidential use;

      (c) The State Board of Finance for its confidential use, if the report or other information is necessary for the State Board of Finance to perform its duties under this title;

      (d) The Department of Taxation for its use in carrying out the provisions of chapter 363A of NRS [;] and the chapter consisting of sections 2 to 61, inclusive, of this act;

      (e) An entity which insures or guarantees deposits;

      (f) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;

      (g) A person preparing a proposal for merging with or acquiring an institution or holding company, but only after notice of the disclosure has been given to the institution or holding company;

      (h) Any person to whom the subject of the report has authorized the disclosure;

      (i) Any other person if the Commissioner determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its stockholders, members, depositors and creditors; and

      (j) Any court in a proceeding initiated by the Commissioner concerning the financial institution.

      2.  All the reports made available pursuant to this section remain the property of the Division of Financial Institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.

      Sec. 88. NRS 669.275 is hereby amended to read as follows:

      669.275  1.  The Commissioner may require a licensee to provide an audited financial statement prepared by an independent certified public accountant licensed to do business in this State.

      2.  On the fourth Monday in January of each year, each licensee shall submit to the Commissioner a list of stockholders required to be maintained pursuant to paragraph (c) of subsection 1 of NRS 78.105 or the list of members required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241, verified by the president or a manager, as appropriate.

      3.  The list of members required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241 must include the percentage of each member’s interest in the company, in addition to the requirements set forth in that section.

      4.  Except as otherwise provided in NRS 239.0115, any document submitted pursuant to this section is confidential. This subsection does not limit the examination of any document by the Department of Taxation if necessary to carry out the provisions of sections 2 to 61, inclusive, of this act.

 


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      Sec. 89. NRS 669.2825 is hereby amended to read as follows:

      669.2825  1.  The Commissioner may institute disciplinary action or forthwith initiate proceedings to take possession of the business and property of any retail trust company when it appears that the retail trust company:

      (a) Has violated its charter or any state or federal laws applicable to the business of a trust company.

      (b) Is conducting its business in an unauthorized or unsafe manner.

      (c) Is in an unsafe or unsound condition to transact its business.

      (d) Has an impairment of its stockholders’ equity.

      (e) Has refused to pay or transfer account assets to its account holders as required by the terms of the accounts’ governing instruments.

      (f) Has become insolvent.

      (g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.

      (h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.

      (i) Has made a voluntary assignment of its assets to receivers, conservators, trustees or creditors without complying with NRS 669.230.

      (j) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [.] or sections 2 to 61, inclusive, of this act.

      (k) Has materially and willfully breached its fiduciary duties to its customers.

      (l) Has failed to properly disclose all fees, interest and other charges to its customers.

      (m) Has willfully engaged in material conflicts of interest regarding a customer’s account.

      (n) Has made intentional material misrepresentations regarding any aspect of the services performed or proposed to be performed by the retail trust company.

      2.  The Commissioner also may forthwith initiate proceedings to take possession of the business and property of any trust company when it appears that the officers of the trust company have refused to be examined upon oath regarding its affairs.

      Sec. 90. NRS 669.2847 is hereby amended to read as follows:

      669.2847  1.  If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, the Commissioner shall give at least 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the licensee by registered or certified mail.

      (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any regulation adopted pursuant thereto.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his or her investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

 


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      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any regulation adopted pursuant thereto or any lawful order of the Division of Financial Institutions;

      (c) The licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the licensee’s original application for a license pursuant to the provisions of this chapter; or

      (e) The licensee:

             (1) Failed to open an office for the conduct of the business authorized by his or her license within 180 days after the date the license was issued; or

             (2) Has failed to remain open for the conduct of the business for a period of 30 days without good cause therefor.

      4.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Sec. 91. NRS 669.285 is hereby amended to read as follows:

      669.285  Except as otherwise provided in NRS 239.0115, any application and personal or financial records submitted by a person pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division of Financial Institutions pursuant to an examination or audit conducted by the Division are confidential and may be disclosed only to:

      1.  The Division, any authorized employee of the Division and any state or federal agency investigating the activities covered under the provisions of this chapter; [and]

      2.  The Department of Taxation for its use in carrying out the provisions of sections 2 to 61, inclusive, of this act; and

      3.  Any person when the Commissioner, in the Commissioner’s discretion, determines that the interests of the public that would be protected by disclosure outweigh the interest of any person in the confidential information not being disclosed.

      Sec. 92. NRS 669A.310 is hereby amended to read as follows:

      669A.310  1.  Except as otherwise provided in this section, any application and personal or financial records submitted by a person pursuant to the provisions of this chapter, any personal or financial records or other documents obtained by the Division of Financial Institutions pursuant to an examination or audit conducted by the Division pursuant to this chapter and any other private information relating to a family trust company are confidential and may be disclosed only to:

      (a) The Division, any authorized employee of the Division and a state or federal agency investigating activities regulated pursuant to this chapter; [and]

      (b) The Department of Taxation for its use in carrying out the provisions of sections 2 to 61, inclusive, of this act; and

      (c) Any other person if the Commissioner, in the Commissioner’s discretion, determines that the interests of the public in disclosing the information outweigh the interests of the person about whom the information pertains in not disclosing the information.

 


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      2.  The Commissioner shall give to the family trust company to which the information relates 10-days’ prior written notice of intent to disclose confidential information directly or indirectly to a person pursuant to paragraph [(b)] (c) of subsection 1. Any family trust company which receives such a notice may object to the disclosure of the confidential information and will be afforded the right to a hearing in accordance with the provisions of chapter 233B of NRS. If a family trust company requests a hearing, the Commissioner may not reveal confidential information prior to the conclusion of the hearing and a ruling. Prior to dissemination of any confidential information, the Commissioner shall require a written agreement not to reveal the confidential information by the party receiving the confidential information. In no event shall the Commissioner disclose confidential information to the general public, any competitor or any potential competitor of a family trust company.

      3.  Nothing in this chapter is intended to preclude a law enforcement officer from gaining access to otherwise confidential records by subpoena, court order, search warrant or other lawful means. Notwithstanding any other provision of this chapter, the Commissioner shall have the ability to share information with other out of state or federal regulators with whom the Department of Business and Industry has an agreement regarding the sharing of information. Nothing in this chapter is intended to preclude any agency of this State from gaining access to otherwise confidential records in accordance with any applicable law.

      Sec. 93. NRS 673.484 is hereby amended to read as follows:

      673.484  The Commissioner may after notice and hearing suspend or revoke the charter of any association for:

      1.  Repeated failure to abide by the provisions of this chapter or the regulations adopted thereunder.

      2.  Failure to pay a tax as required pursuant to the provisions of chapter 363A of NRS [.] or sections 2 to 61, inclusive, of this act.

      Sec. 94. NRS 675.440 is hereby amended to read as follows:

      675.440  1.  If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he or she shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order either dismissing the charges, revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of the order must be sent by registered or certified mail to the licensee.

      (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted under it.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his or her investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter or any lawful regulation adopted under it;

 


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      (c) The licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the licensee’s original application for a license hereunder; or

      (e) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days after the date the license was issued, or has failed to remain open for the conduct of the business for a period of 120 days without good cause therefor.

      4.  Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

      5.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

      Sec. 95. NRS 677.510 is hereby amended to read as follows:

      677.510  1.  If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he or she shall give 20 days’ written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.

      2.  At the conclusion of a hearing, the Commissioner shall:

      (a) Enter a written order either dismissing the charges, or revoking the license, or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. A copy of the order must be sent by registered or certified mail to the licensee.

      (b) Impose upon the licensee an administrative fine of not more than $10,000 for each violation by the licensee of any provision of this chapter or any lawful regulation adopted pursuant thereto.

      (c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including his or her investigative costs and attorney’s fees.

      3.  The grounds for revocation or suspension of a license are that:

      (a) The licensee has failed to pay the annual license fee;

      (b) The licensee, either knowingly or without any exercise of due care to prevent it, has violated any provision of this chapter, or any lawful regulation adopted pursuant thereto;

      (c) The licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (d) Any fact or condition exists which would have justified the Commissioner in denying the licensee’s original application for a license hereunder; or

      (e) The applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days after the date the license was issued, or has failed to remain open for the conduct of the business for a period of 120 days without good cause therefor.

      4.  Any revocation or suspension applies only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.

      5.  An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.

 


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      Sec. 96. NRS 680B.037 is hereby amended to read as follows:

      680B.037  [Payment]

      1.  Except as otherwise provided in subsection 2, payment by an insurer of the tax imposed by NRS 680B.027 is in lieu of all taxes imposed by the State or any city, town or county upon premiums or upon income of insurers and of franchise, privilege or other taxes measured by income of the insurer.

      2.  The provisions of subsection 1 do not apply to the commerce tax imposed pursuant to the provisions of sections 2 to 61, inclusive, of this act.

      Sec. 97. NRS 683A.451 is hereby amended to read as follows:

      683A.451  The Commissioner may refuse to issue a license or certificate pursuant to this chapter or may place any person to whom a license or certificate is issued pursuant to this chapter on probation, suspend the person for not more than 12 months, or revoke or refuse to renew his or her license or certificate, or may impose an administrative fine or take any combination of the foregoing actions, for one or more of the following causes:

      1.  Providing incorrect, misleading, incomplete or partially untrue information in his or her application for a license.

      2.  Violating a law regulating insurance, or violating a regulation, order or subpoena of the Commissioner or an equivalent officer of another state.

      3.  Obtaining or attempting to obtain a license through misrepresentation or fraud.

      4.  Misappropriating, converting or improperly withholding money or property received in the course of the business of insurance.

      5.  Intentionally misrepresenting the terms of an actual or proposed contract of or application for insurance.

      6.  Conviction of a felony.

      7.  Admitting or being found to have committed an unfair trade practice or fraud.

      8.  Using fraudulent, coercive or dishonest practices, or demonstrated incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this State or elsewhere.

      9.  Denial, suspension or revocation of a license as a producer of insurance, or its equivalent, in any other state, territory or province.

      10.  Forging another’s name to an application for insurance or any other document relating to the transaction of insurance.

      11.  Improperly using notes or other reference material to complete an examination for a license related to insurance.

      12.  Knowingly accepting business related to insurance from an unlicensed person.

      13.  Failing to comply with an administrative or judicial order imposing an obligation of child support.

      14.  Failing to pay a tax as required pursuant to the provisions of chapter 363A of NRS [.] or sections 2 to 61, inclusive, of this act.

      Sec. 98. NRS 686C.360 is hereby amended to read as follows:

      686C.360  The Association is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions, except taxes on property [.] and the commerce tax imposed pursuant to sections 2 to 61, inclusive, of this act.

 


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      Sec. 99. NRS 687A.130 is hereby amended to read as follows:

      687A.130  The Association is exempt from payment of all fees and all taxes levied by this State or any of its subdivisions, except taxes:

      1.  Levied on real or personal property; or

      2.  Imposed pursuant to the provisions of chapter 363A or 363B of NRS [.] or sections 2 to 61, inclusive, of this act.

      Sec. 100. NRS 688C.210 is hereby amended to read as follows:

      688C.210  1.  After notice, and after a hearing if requested, the Commissioner may suspend, revoke, refuse to issue or refuse to renew a license under this chapter if the Commissioner finds that:

      (a) There was material misrepresentation in the application for the license;

      (b) The licensee or an officer, partner, member or significant managerial employee has been convicted of fraudulent or dishonest practices, is subject to a final administrative action for disqualification, or is otherwise shown to be untrustworthy or incompetent;

      (c) A provider of viatical settlements has engaged in a pattern of unreasonable payments to viators;

      (d) The applicant or licensee has been found guilty or guilty but mentally ill of, or pleaded guilty, guilty but mentally ill or nolo contendere to, a felony or a misdemeanor involving fraud, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude, whether or not a judgment of conviction has been entered by the court;

      (e) A provider of viatical settlements has entered into a viatical settlement in a form not approved pursuant to NRS 688C.220;

      (f) A provider of viatical settlements has failed to honor obligations of a viatical settlement or an agreement to purchase a viatical settlement;

      (g) The licensee no longer meets a requirement for initial licensure;

      (h) A provider of viatical settlements has assigned, transferred or pledged a viaticated policy to a person other than another provider licensed under this chapter, a purchaser of the viatical settlement or a special organization;

      (i) The applicant or licensee has provided materially untrue information to an insurer that issued a policy that is the subject of a viatical settlement;

      (j) The applicant or licensee has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS [;] or sections 2 to 61, inclusive, of this act;

      (k) The applicant or licensee has violated a provision of this chapter or other applicable provisions; or

      (l) The applicant or licensee has acted in bad faith with regard to a viator.

      2.  A suspension imposed for grounds set forth in paragraph (k) or (l) of subsection 1 must not exceed a period of 12 months.

      3.  If the Commissioner takes action as described in subsection 1, the applicant or licensee may apply in writing for a hearing before the Commissioner to determine the reasonableness of the action taken by the Commissioner, pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive.

 


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      Sec. 101. NRS 694C.450 is hereby amended to read as follows:

      694C.450  1.  Except as otherwise provided in this section, a captive insurer shall pay to the Division, not later than March 1 of each year, a tax at the rate of:

      (a) Two-fifths of 1 percent on the first $20,000,000 of its net direct premiums;

      (b) One-fifth of 1 percent on the next $20,000,000 of its net direct premiums; and

      (c) Seventy-five thousandths of 1 percent on each additional dollar of its net direct premiums.

      2.  Except as otherwise provided in this section, a captive insurer shall pay to the Division, not later than March 1 of each year, a tax at a rate of:

      (a) Two hundred twenty-five thousandths of 1 percent on the first $20,000,000 of revenue from assumed reinsurance premiums;

      (b) One hundred fifty thousandths of 1 percent on the next $20,000,000 of revenue from assumed reinsurance premiums; and

      (c) Twenty-five thousandths of 1 percent on each additional dollar of revenue from assumed reinsurance premiums.

Ê The tax on reinsurance premiums pursuant to this subsection must not be levied on premiums for risks or portions of risks which are subject to taxation on a direct basis pursuant to subsection 1. A captive insurer is not required to pay any reinsurance premium tax pursuant to this subsection on revenue related to the receipt of assets by the captive insurer in exchange for the assumption of loss reserves and other liabilities of another insurer that is under common ownership and control with the captive insurer, if the transaction is part of a plan to discontinue the operation of the other insurer and the intent of the parties to the transaction is to renew or maintain such business with the captive insurer.

      3.  If the sum of the taxes to be paid by a captive insurer calculated pursuant to subsections 1 and 2 is less than $5,000 in any given year, the captive insurer shall pay a tax of $5,000 for that year. The maximum aggregate tax for any year must not exceed $175,000. The maximum aggregate tax to be paid by a sponsored captive insurer applies only to each protected cell and does not apply to the sponsored captive insurer as a whole.

      4.  Two or more captive insurers under common ownership and control must be taxed as if they were a single captive insurer.

      5.  Notwithstanding any specific statute to the contrary and except as otherwise provided in this subsection, the tax provided for by this section constitutes all the taxes collectible pursuant to the laws of this State from a captive insurer, and no occupation tax or other taxes may be levied or collected from a captive insurer by this State or by any county, city or municipality within this State, except for taxes imposed pursuant to chapter 363A or 363B of NRS or sections 2 to 61, inclusive, of this act and ad valorem taxes on real or personal property located in this State used in the production of income by the captive insurer.

      6.  Twenty-five percent of the revenues collected from the tax imposed pursuant to this section must be deposited with the State Treasurer for credit to the Account for the Regulation and Supervision of Captive Insurers created pursuant to NRS 694C.460. The remaining 75 percent of the revenues collected must be deposited with the State Treasurer for credit to the State General Fund.

 


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      7.  A captive insurer that is issued a license pursuant to this chapter after July 1, 2003, is entitled to receive a nonrefundable credit of $5,000 applied against the aggregate taxes owed by the captive insurer for the first year in which the captive insurer incurs any liability for the payment of taxes pursuant to this section. A captive insurer is entitled to a nonrefundable credit pursuant to this section not more than once after the captive insurer is initially licensed pursuant to this chapter.

      8.  As used in this section, unless the context otherwise requires:

      (a) “Common ownership and control” means:

             (1) In the case of a stock insurer, the direct or indirect ownership of 80 percent or more of the outstanding voting stock of two or more corporations by the same member or members.

             (2) In the case of a mutual insurer, the direct or indirect ownership of 80 percent or more of the surplus and the voting power of two or more corporations by the same member or members.

      (b) “Net direct premiums” means the direct premiums collected or contracted for on policies or contracts of insurance written by a captive insurer during the preceding calendar year, less the amounts paid to policyholders as return premiums, including dividends on unabsorbed premiums or premium deposits returned or credited to policyholders.

      Sec. 102. NRS 695A.550 is hereby amended to read as follows:

      695A.550  Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and is exempt from every state, county, district, municipal and school tax other than the commerce tax imposed pursuant to sections 2 to 61, inclusive, of this act and taxes on real property and office equipment.

      Sec. 103.  Section 16 of chapter 4, Statutes of Nevada 2008, 25th Special Session, as last amended by chapter 518, Statutes of Nevada 2013, at page 3425, is hereby amended to read as follows:

       Sec. 16.  1.  This section and sections 2, 4, 14 and 15 of this act become effective upon passage and approval.

       2.  Sections 6 to 12, inclusive, of this act become effective on January 1, 2009.

       3.  Sections 4 and 6 to 12, inclusive, of this act expire by limitation on June 30, 2009.

       4.  Sections 1, 3, 5 and 13 of this act become effective on July 1, 2009.

       5.  Sections 1, 2, 3 and 5 of this act expire by limitation on June 30, [2015.] 2016.

      Sec. 104. Section 20 of chapter 395, Statutes of Nevada 2009, as last amended by chapter 518, Statutes of Nevada 2013, at p. 3426, is hereby amended to read as follows:

       Sec. 20.  1.  This section and section 19 of this act become effective upon passage and approval.

       2.  Sections 1 and 2 of this act become effective on July 1, 2009.

       3.  Section 3 of this act becomes effective on July 1, 2009, and expires by limitation on June 30, 2011.

       4.  Sections 6 to 12, inclusive, of this act become effective on July 1, 2009 . [, and expire by limitation on June 30, 2015.]

       5.  Sections 4, 5, 13, 14, 15, 16, 17 and 18 of this act become effective:

 


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       (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

       (b) On September 1, 2009, for all other purposes.

      6.  Sections 15.5 and 18.5 of this act become effective on July 1, 2015.

      7.  Section 18 of this act expires by limitation on June 30, [2015.] 2017.

      Sec. 105.  Section 17.5 of chapter 449, Statutes of Nevada 2011, as amended by chapter 518, Statutes of Nevada 2013, at page 3426, is hereby amended to read as follows:

       Sec. 17.5.  The amendatory provisions of section 12.7 of this act:

       1.  Do not apply to or affect any determination of gross yield or net proceeds required pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year [2015.] 2016.

       2.  Apply for the purposes of estimating and determining gross yield and net proceeds pursuant to NRS 362.100 to 362.240, inclusive, for the calendar year [2016] 2017 and each calendar year thereafter.

      Sec. 106.  Section 19 of chapter 449, Statutes of Nevada 2011, as amended by chapter 518, Statutes of Nevada 2013, at p. 3426, is hereby amended to read as follows:

       Sec. 19.  1.  This section and sections 1 to 12, inclusive, and 13 to 18, inclusive, of this act become effective upon passage and approval.

       2.  Section 12.5 of this act becomes effective on January 1, 2012.

      3.  Section 12.7 of this act becomes effective on January 1, [2016.] 2017.

      Sec. 107. Section 15 of chapter 476, Statutes of Nevada 2011, as amended by chapter 518, Statutes of Nevada 2013, at page 3427, is hereby amended to read as follows:

       Sec. 15.  1.  When preparing its certificate of the tax due from a taxpayer pursuant to NRS 362.130 during the calendar year [2016,] 2017, the Department of Taxation shall reduce the amount of the tax due from the taxpayer by the amount of:

       (a) Any estimated payments of the tax made by or on behalf of the taxpayer during the calendar year [2015] 2016 pursuant to NRS 362.115, as that section read on January 1, [2015;] 2016; and

       (b) Any unused credit to which the taxpayer may be entitled as a result of any previous overpayment of the tax.

       2.  Notwithstanding any provision of NRS 362.170 to the contrary:

       (a) The amount appropriated to each county pursuant to that section for distribution to the county during the calendar year [2016] 2017 must be reduced by the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year [2015,] 2016, excluding any portion of the amount appropriated to the county pursuant to that section for distribution to the county during the calendar year [2015] 2016 which is attributable to a pro rata share of any penalties and interest collected by the Department of Taxation for the late payment of taxes distributed to the county.

 


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to a pro rata share of any penalties and interest collected by the Department of Taxation for the late payment of taxes distributed to the county.

       (b) In calculating the amount required to be apportioned to each local government or other local entity pursuant to subsection 2 of that section for the calendar year [2016,] 2017, the county treasurer shall reduce the amount required to be determined pursuant to paragraph (a) of that subsection for that calendar year by the amount determined pursuant to that paragraph for the calendar year [2015.] 2016.

      Sec. 108. Section 17 of chapter 476, Statutes of Nevada 2011, as amended by chapter 518, Statutes of Nevada 2013, at page 3427, is hereby amended to read as follows:

       Sec. 17.  1.  This section and sections 1 and 7 to 16, inclusive, of this act become effective upon passage and approval.

       2.  Sections 4.5 , [and] 6 and 6.5 of this act become effective on July 1, 2011.

       3.  [Sections] Section 4 [and 6.5] of this act [become] becomes effective on July 1, 2011, and [expire] expires by limitation on June 30, 2015.

       4.  Section 5 of this act becomes effective on the date that the balance of the separate account required by subsection 8 of NRS 408.235 is reduced to zero.

      Sec. 109. Section 4 of chapter 373, Statutes of Nevada 2013, at page 1992, is hereby amended to read as follows:

      Sec. 4.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, [2015.] 2017.

      Sec. 110.  Notwithstanding the provisions of sections 2 to 61, inclusive, of this act, the Department shall waive payment of any penalty or interest for a person’s failure to timely file a report or pay the commerce tax pursuant to sections 2 to 61, inclusive, of this act for any failure to comply with the provisions of those sections, which occurs before February 15, 2017, regardless of when the Department makes the determination that the person failed to file a report or pay the commerce tax, if the failure:

      1.  Occurred despite the person’s exercise of ordinary care; and

      2.  Was not intentional or the result of willful neglect.

      Sec. 111.  Any rate of the tax imposed by NRS 363A.130 or 363B.110 determined pursuant to section 62 of this act does not apply to any taxes due for any period ending on or before June 30 of the year in which the rate becomes effective.

      Sec. 112.  The amendatory provisions of sections 67 to 70, inclusive, of this act do not apply to taxes due for any period ending on or before June 30, 2015.

      Sec. 113.  1.  The amendatory provisions of sections 71 and 73 of this act apply to cigarettes to which a stamp is affixed on or after July 1, 2015, regardless of the date on which a wholesale dealer purchased the stamp from the Department of Taxation.

      2.  As used in this section:

      (a) “Stamp” has the meaning ascribed to it in NRS 370.048.

      (b) “Wholesale dealer” has the meaning ascribed to it in NRS 370.055.

      Sec. 114.  1.  This section and sections 103 to 113, inclusive, of this act become effective upon passage and approval.

 


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      2.  Sections 1 to 78, inclusive, and 79 to 102, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On July 1, 2015, for all other purposes.

      3.  Sections 78.1 and 78.7 of this act become effective on July 1, 2015.

      4.  Sections 78.3 and 78.8 of this act become effective on July 1, 2016.

      5.  Sections 78.5 and 78.9 of this act become effective on July 1, 2017.

________

CHAPTER 488, AB 83

Assembly Bill No. 83–Committee on Taxation

 

CHAPTER 488

 

[Approved: June 9, 2015]

 

AN ACT relating to tobacco; expanding the definition of “manufacturer” to include certain persons manufacturing cigarettes using certain cigarette rolling machines; prohibiting a manufacturer from operating a cigarette rolling machine without a license from the Department of Taxation; authorizing the seizure and destruction of cigarette rolling machines under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides for the regulation of cigarettes and other tobacco products, including the regulation and licensing of persons engaged in the manufacturing of cigarettes and other tobacco products. (Chapter 370 of NRS) Sections 2 and 5 of this bill expand the definition of “manufacturer” to include certain persons producing, filling, rolling, dispensing or otherwise manufacturing cigarettes using certain commercial-grade cigarette rolling machines. Section 7 of this bill prohibits a manufacturer from operating a cigarette rolling machine without a license from the Department of Taxation. Section 9 of this bill provides for the seizure and destruction of cigarette rolling machines being used in violation of chapter 370 of NRS.

      Existing law generally prohibits a person from conducting business in this State without first obtaining a state business license. Certain persons are deemed to conduct a business in this State for the purpose of obtaining a business license, including a person who is responsible for a business that has a registered agent in this State. (NRS 76.100) Sections 3 and 10 of this bill provide that certain manufacturers of tobacco are not deemed to conduct a business in this State if the manufacturer maintains a registered agent in this State solely because of the requirement to maintain such an agent pursuant to a provision of existing law requiring certain nonresident and foreign manufacturers to maintain a registered agent in this State for certain purposes.

 


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ê2015 Statutes of Nevada, Page 2957 (Chapter 488, AB 83)ê

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  “Cigarette rolling machine” means any machine that:

      (a) May be loaded with loose tobacco, cigarette tubes, cigarette papers or any other component related to the production of cigarettes;

      (b) Is designed to automatically or mechanically produce, roll, fill, dispense or otherwise manufacture cigarettes;

      (c) Is of a commercial grade or otherwise designed or suitable for commercial use; and

      (d) Is designed to be powered or operated by a primary source of power other than human power.

      2.  The term does not include any handheld or manually operated machine or device if the machine or device is:

      (a) Used to make cigarettes for the personal consumption of the owner of the machine or device; or

      (b) Held by a retail establishment solely for sale to a consumer for the purpose of making cigarettes off the premises of the retail establishment and for personal consumption.

      Sec. 3. A manufacturer who maintains a registered agent in this State solely because of the requirements set forth in NRS 370.680 and who is not otherwise required to obtain a state business license pursuant to NRS 76.100 is not deemed, pursuant to paragraph (c) of subsection 6 of NRS 76.100, to conduct a business in this State.

      Sec. 4. NRS 370.001 is hereby amended to read as follows:

      370.001  As used in NRS 370.001 to 370.430, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 370.005 to 370.055, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 370.0315 is hereby amended to read as follows:

      370.0315  1.  “Manufacturer” means any person who:

      [1.](a) Manufactures, fabricates, assembles, processes or labels a finished cigarette; [or

      2.](b) Imports, whether directly or indirectly, a finished cigarette into the United States for sale or distribution in this State [.] ; or

      (c) Owns, maintains, operates or permits any other person to operate a cigarette rolling machine for the purpose of producing, filling, rolling, dispensing or otherwise manufacturing cigarettes.

      2.  The term does not include a natural person who uses a handheld or manually operated machine or device to produce cigarettes using “roll-your-own” tobacco if the cigarettes produced are for personal consumption and not for sale, resale or any other profit-making endeavor.

      Sec. 6. NRS 370.070 is hereby amended to read as follows:

      370.070  The provisions of NRS 370.001 to 370.430, inclusive, and sections 2 and 3 of this act do not apply to:

      1.  Common carriers while engaged in interstate commerce which sell or furnish cigarettes on their trains, buses or airplanes;

 


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      2.  A person entering this state with a quantity of cigarettes for household or personal use which is exempt from federal import duty; and

      3.  A duty-free sales enterprise as defined in 19 U.S.C. § 1555(b)(8)(D) that:

      (a) Operates pursuant to the provisions of 19 U.S.C. § 1555(b); and

      (b) To the extent it sells cigarettes, only sells cigarettes that are duty-free merchandise as defined in 19 U.S.C. § 1555(b)(8)(E).

      Sec. 7. NRS 370.080 is hereby amended to read as follows:

      370.080  1.  A person shall not engage in business as a wholesale dealer in the State of Nevada unless that person first secures a license to engage in that activity from the Department.

      2.  A person shall not engage in business as a retail dealer in the State of Nevada unless that person first secures a license to engage in that activity from the Department.

      3.  A manufacturer shall not [sell] :

      (a) Sell any cigarettes to a wholesale dealer in the State of Nevada ; or

      (b) Operate or permit any person other than the manufacturer to operate a cigarette rolling machine for the purpose of producing, filling, rolling, dispensing or otherwise manufacturing cigarettes,

Ê unless that manufacturer first secures a license to engage in that activity from the Department.

      4.  A separate license is required to engage in each of the activities described in this section.

      Sec. 8. NRS 370.250 is hereby amended to read as follows:

      370.250  1.  The Department may temporarily suspend or permanently revoke a license as a wholesale dealer in accordance with the regulations adopted pursuant to NRS 370.253 if the licensee:

      (a) Fails to file or files an incomplete or inaccurate report or certification required by this chapter;

      (b) Fails to pay any tax owed upon cigarettes required by this chapter;

      (c) Fails to cure any shortfall for which the wholesale dealer is liable pursuant to NRS 370.683;

      (d) Sells in this State, purchases or possesses any cigarettes or cigarette packages in violation of any provision of this chapter; or

      (e) Imports into or exports from this State any cigarettes or cigarette packages in violation of any provision of this chapter.

      2.  Except as otherwise provided in subsection 1 or 3, the Department may temporarily suspend or permanently revoke the license of any licensee for violating, or causing or permitting to be violated, any of the provisions of NRS 370.001 to 370.430, inclusive, and sections 2 and 3 of this act or any regulations adopted for the administration or enforcement of any of those provisions.

      3.  The Department shall permanently revoke the license of any licensee convicted of any felony pursuant to NRS 370.405.

      Sec. 9. NRS 370.415 is hereby amended to read as follows:

      370.415  1.  The Department, its agents, sheriffs within their respective counties and all other peace officers of the State of Nevada shall seize any counterfeit stamps , [and any] contraband tobacco products , [and] machinery used to manufacture contraband tobacco products [,] and cigarette rolling machines being used in violation of any provision of this chapter that are found or located in the State of Nevada.

 


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      2.  A sheriff or other peace officer who seizes stamps, contraband tobacco products , [or] machinery or cigarette rolling machines pursuant to this section shall provide written notification of the seizure to the Department not later than 5 working days after the seizure. The notification must include the reason for the seizure.

      3.  After consultation with the Department, the sheriff or other peace officer shall transmit the contraband tobacco products to the Department if:

      (a) The contraband tobacco products consist of cigarettes and:

             (1) Except for revenue stamps or metered machine impressions being properly affixed as required by this chapter, the cigarettes comply with all state and federal statutes and regulations; and

             (2) The Department approves the transmission of the cigarettes; or

      (b) The contraband tobacco products consist of any other tobacco products and the Department approves the transmission of the other tobacco products.

      4.  Upon the receipt of any:

      (a) Cigarettes pursuant to subsection 3, the Department shall dispose of the cigarettes as provided in subsection 4 of NRS 370.270; or

      (b) Other tobacco products pursuant to subsection 3, the Department shall:

             (1) Sell the other tobacco products to the highest bidder among the licensed wholesale dealers in this State after due notice to all licensed Nevada wholesale dealers has been given by mail to the addresses contained in the Department’s records; or

             (2) If there is no bidder, or in the opinion of the Department the quantity of the other tobacco products is insufficient, or for any other reason such disposition would be impractical, destroy or dispose of the other tobacco products as the Department may see fit.

Ê The proceeds of all sales pursuant to this paragraph must be classed as revenues derived under the provisions of NRS 370.440 to 370.503, inclusive.

      5.  The sheriff or other peace officer who seizes any stamps, contraband tobacco products , [or] machinery or cigarette rolling machines pursuant to this section shall:

      (a) Destroy the stamps , [and] machinery [;] and cigarette rolling machines; and

      (b) If he or she does not transmit the contraband tobacco products to the Department, destroy the contraband tobacco products.

      Sec. 10. NRS 76.100 is hereby amended to read as follows:

      76.100  1.  A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Secretary of State;

      (b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the entity number as assigned by the Secretary of State, if known, and the location in this State of the place or places of business;

 


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Secretary of State, the entity number as assigned by the Secretary of State, if known, and the location in this State of the place or places of business;

      (c) Be accompanied by a fee in the amount of $200; and

      (d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

      3.  The application must be signed pursuant to NRS 239.330 by:

      (a) The owner of a business that is owned by a natural person.

      (b) A member or partner of an association or partnership.

      (c) A general partner of a limited partnership.

      (d) A managing partner of a limited-liability partnership.

      (e) A manager or managing member of a limited-liability company.

      (f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

      4.  If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of this chapter, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to this title, other than a business organized pursuant to:

             (1) Chapter 82 or 84 of NRS; or

             (2) Chapter 81 of NRS if the business is a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c);

      (b) Has an office or other base of operations in this State;

      (c) [Has] Except as otherwise provided in section 3 of this act, has a registered agent in this State; or

      (d) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid.

      7.  As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

      Sec. 11.  This act becomes effective upon passage and approval.

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