[Rev. 6/2/2018 2:37:08 PM--2017]

CHAPTER 75A - STATE BUSINESS PORTAL

GENERAL PROVISIONS

NRS 75A.050          “Health district” defined.

CREATION; OPERATION

NRS 75A.100          Creation; duties of Secretary of State; powers of state and local agencies and health districts; confidentiality.

NRS 75A.150          Confidentiality of records and files collected by Secretary of State.

NRS 75A.200          Powers of Secretary of State: Contracting for certain services.

NRS 75A.300          Powers of Secretary of State: Applying for and accepting gifts and grants.

NRS 75A.350          Provision of information concerning programs for small businesses and disadvantaged business enterprises to minority-owned, woman-owned and veteran-owned businesses.

GENDER EQUALITY SURVEY

NRS 75A.400          “Business” defined. [Effective through December 31, 2022.]

NRS 75A.410          Design and conduct of survey of business to collect data and information on issues of gender equality in the workplace. [Effective through December 31, 2022.]

NRS 75A.420          Secretary of State responses and data available on Internet website; submission of annual report to Governor and Legislature. [Effective through December 31, 2022.]

NRS 75A.430          Regulations. [Effective through December 31, 2022.]

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GENERAL PROVISIONS

      NRS 75A.050  “Health district” defined.  As used in this chapter, unless the context otherwise requires, “health district” means a health district created pursuant to NRS 439.362 or 439.370.

      (Added to NRS by 2015, 2656, 3359)

CREATION; OPERATION

      NRS 75A.100  Creation; duties of Secretary of State; powers of state and local agencies and health districts; confidentiality.

      1.  The Secretary of State shall provide for the establishment of a state business portal to facilitate interaction among businesses and governmental agencies in this State by allowing businesses to conduct necessary transactions with governmental agencies in this State through use of the state business portal.

      2.  The Secretary of State shall:

      (a) Establish, through cooperative efforts and consultation with representatives of state agencies, local governments, health districts and businesses, the standards and requirements necessary to design, build and implement the state business portal;

      (b) Establish the standards and requirements necessary for a state or local agency to participate in the state business portal;

      (c) Authorize a state or local agency to participate in the state business portal if the Secretary of State determines that the agency meets the standards and requirements necessary for such participation and the agency has entered into an agreement for access to the state business portal with the Secretary of State;

      (d) Determine the appropriate requirements to be used by businesses and governmental agencies conducting transactions through use of the state business portal;

      (e) Cause the state business portal to interface with the system established by the Secretary of State to assign business identification numbers;

      (f) For the purpose of coordinating the collection of common information from businesses using the state business portal:

             (1) Establish common business registration information to be collected from businesses by state and local agencies and health districts which issue licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State, which collect taxes or fees or which conduct other necessary transactions with businesses in this State; and

             (2) Cause the state business portal to exchange the common business registration information among state and local agencies and health districts which participate in the state business portal and which use the common business registration information to issue licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State, to collect taxes or fees or to conduct other necessary transactions with businesses in this State;

      (g) In carrying out the provisions of this section, consult with the Executive Director of the Office of Economic Development to ensure that the activities of the Secretary of State are consistent with the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and

      (h) Adopt such regulations and take any appropriate action as necessary to carry out the provisions of this chapter.

      3.  Each state agency or health district that issues a license, certificate, registration, permit or similar type of authorization to conduct a business in this State may, to the extent practicable, and each local agency that issues a license, certificate, registration, permit or similar type of authorization to conduct a business in the jurisdiction of the local agency may, as approved by the governing body of the local government:

      (a) Make available on its Internet website any of its applications for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (b) Accept the electronic transfer of common business registration information from the state business portal for use in any electronic application for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State or for use in any application processing system.

      (c) Integrate with the state business portal any of its applications for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State. As used in this paragraph, “integrate” means to consolidate an electronic application process so that it is capable of collecting and disseminating information to a state or local agency or health district for the processing of the application for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (d) Allow for the acceptance of an electronic signature for a declaration or affirmation under penalty of perjury or as provided for in statute.

      (e) Require an applicant for a license, certificate, registration, permit or similar type of authorization to conduct a business in this State to include in the application the applicant’s business identification number.

      (f) Ensure that the state or local agency or health district, as applicable, is capable of using the state business portal to accept and disseminate to participating state and local agencies and health districts the common business registration information established pursuant to subparagraph (1) of paragraph (f) of subsection 2 which is needed by the state or local agency or health district to issue a license, certificate, registration, permit or similar type of authorization to conduct a business in this State.

      (g) Establish and maintain its rules, data and processes relating to businesses in accordance with the agreement entered into by the state or local agency or health district pursuant to paragraph (c) of subsection 2 and any corresponding technical documentation.

      4.  The provisions of subsection 3 do not require a state or local agency or health district to:

      (a) Disseminate or release information if such action would result in the state or local agency or health district violating any provision of state or federal law relating to the confidentiality of the information.

      (b) Upgrade its information technology system or incur significant expense to comply with the provisions of this section.

      5.  Except as otherwise provided in NRS 239.0115, all records containing technical specifications, processing protocols or programmatic or system architecture of the state business portal, and any other records containing information the disclosure of which would endanger the security of the state business portal, or proprietary information related to the functions, operations, processes or architecture of the state business portal, are deemed confidential and privileged.

      6.  As used in this section:

      (a) “Business identification number” means the number assigned by the Secretary of State pursuant to NRS 225.082 to an entity organized pursuant to this title or to a person who is issued a state business license or who claims to be excluded or exempt from the requirement to obtain a state business license pursuant to chapter 76 of NRS.

      (b) “Disseminate” means to distribute in an electronic format that is capable of being accepted by participating state and local agencies and health districts and used by participants as the common business registration information used to issue a license, certificate, registration, permit or similar type of authorization, to collect taxes or fees or to conduct other necessary transactions with businesses in this State.

      (Added to NRS by 2009, 2028; A 2011, 3450; 2015, 2657, 3360) — (Substituted in revision for NRS 75.100)

      NRS 75A.150  Confidentiality of records and files collected by Secretary of State.

      1.  Except as otherwise provided in subsection 2 and NRS 239.0115, the records and files collected by the Secretary of State pursuant to paragraph (f) of subsection 2 of NRS 75A.100 are confidential and privileged. The Secretary of State and any employee of the Secretary of State who is authorized to view or use the information in such records or files:

      (a) Shall not disclose any information obtained from such records or files other than specific information contained in the record or file that is deemed a public record; and

      (b) May not be required to produce any of the records, files and information for the inspection of any person or governmental entity or for use in any action or proceeding.

      2.  The records and files collected pursuant to paragraph (f) of subsection 2 of NRS 75A.100 are not confidential and privileged in the following cases:

      (a) Testimony by the Secretary of State or any employee of the Secretary of State and the production of records, files and information on behalf of the Secretary of State or a person in any action or proceeding before the Secretary of State or a court in this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to this chapter.

      (c) Publication by a governmental agency of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Secretary of State or a federal agency in accordance with any agreement made and provided for in such cases, or disclosure in confidence to any federal agency that requests the information for use by the agency in a civil or criminal investigation or prosecution.

      (e) Disclosure in confidence to the Attorney General or other legal representative of the State or a federal agency in connection with an action or proceeding relating to a taxpayer, or to any agency of this or any other state or the Federal Government charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming or which issues licenses, certificates, registrations, permits or similar types of authorization to conduct a business in this State.

      (f) Disclosure by the Secretary of State for the purpose of collection of a debt, fee or obligation owed to the Secretary of State.

      (g) A business that submits information to the state business portal and agrees to a provision authorizing the release of information contained in the records and files of the state business portal for a purpose which must be specified in the provision.

      (Added to NRS by 2015, 2657, 3359)

      NRS 75A.200  Powers of Secretary of State: Contracting for certain services.  Within the limit of money authorized to the Secretary of State and subject to the approval of the State Board of Examiners, the Secretary of State may enter into contracts and other lawful agreements with private or public entities to assist the Secretary of State in establishing, operating or maintaining the state business portal and carrying out the provisions of this chapter.

      (Added to NRS by 2009, 2028) — (Substituted in revision for NRS 75.200)

      NRS 75A.300  Powers of Secretary of State: Applying for and accepting gifts and grants.  The Secretary of State may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this chapter.

      (Added to NRS by 2009, 2028) — (Substituted in revision for NRS 75.300)

      NRS 75A.350  Provision of information concerning programs for small businesses and disadvantaged business enterprises to minority-owned, woman-owned and veteran-owned businesses.

      1.  The Secretary of State shall ensure that the state business portal enables a person who applies through the state business portal for the issuance or renewal of a state business license pursuant to chapter 76 of NRS to indicate whether the applicant is a minority-owned business, a woman-owned business or a veteran-owned business.

      2.  If a person who applies through the state business portal for the issuance or renewal of a state business license pursuant to chapter 76 of NRS indicates that the business is a minority-owned business, a woman-owned business or a veteran-owned business, the Secretary of State shall provide the following information to the person in electronic form through the state business portal:

      (a) Information concerning programs to provide financing for small businesses. The information must include, without limitation, information concerning:

             (1) Grants or loans of money from the Catalyst Account created by NRS 231.1573;

             (2) The issuance of revenue bonds for industrial development pursuant to NRS 349.400 to 349.670, inclusive;

             (3) The Nevada Collateral Support Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (4) The Nevada Microenterprise Initiative Program pursuant to 12 U.S.C. §§ 5701 et seq.;

             (5) The Nevada New Markets Jobs Act pursuant to chapter 231A of NRS;

             (6) The Nevada Silver State Opportunities Fund pursuant to NRS 355.275;

             (7) Loans from the Small Business Administration pursuant to 15 U.S.C. §§ 631 et seq.; and

             (8) Any other program to provide financing for small businesses designated by the Secretary of State.

      (b) Information concerning the process by which the business may become certified as a disadvantaged business enterprise for the purposes of 49 C.F.R. § 26.5 or a program to provide financing for disadvantaged business enterprises.

      3.  The Secretary of State may adopt regulations as he or she deems necessary to carry out the provisions of this section.

      4.  As used in this section:

      (a) “Veteran” has the meaning ascribed to it in NRS 417.005.

      (b) “Veteran-owned business” means a business that:

             (1) Is owned by a natural person who is a veteran; or

             (2) Has at least 51 percent of its ownership interest held by one or more veterans.

      (Added to NRS by 2017, 2861)

GENDER EQUALITY SURVEY

      NRS 75A.400  “Business” defined. [Effective through December 31, 2022.]  As used in NRS 75A.400 to 75A.430, inclusive, “business” has the meaning ascribed to it in NRS 76.020.

      (Added to NRS by 2017, 2894, 2896)

      NRS 75A.410  Design and conduct of survey of business to collect data and information on issues of gender equality in the workplace. [Effective through December 31, 2022.]

      1.  The Secretary of State shall design and conduct an annual survey of businesses in this State for the purpose of collecting data and information related to issues of gender equality in the workplace.

      2.  The Secretary of State shall work in consultation with the Nevada Commission for Women created by NRS 233I.020 regarding the content of the survey.

      3.  The Secretary of State shall cause the survey to be offered through the state business portal to each business with operations and employees in this State at the time the business submits to the Secretary of State an online application for a state business license pursuant to NRS 76.100 or an online renewal of a state business license pursuant to NRS 76.130.

      4.  A business is not required to respond to the survey, and neither the Secretary of State nor the Nevada Commission for Women may penalize or otherwise take any adverse action against a business that does not respond to the survey.

      5.  If a business responds to the survey, the response must be signed under penalty of perjury by, as applicable:

      (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; or

      (f) An officer of a corporation.

      (Added to NRS by 2017, 2894, 2896)

      NRS 75A.420  Secretary of State responses and data available on Internet website; submission of annual report to Governor and Legislature. [Effective through December 31, 2022.]

      1.  The Secretary of State shall make available on the Internet website of the Office of the Secretary of State:

      (a) The responses to the survey conducted pursuant to NRS 75A.410 in such a manner that the responses may be searched electronically by the name of the business that submitted the response; and

      (b) Aggregate data relating to the survey conducted pursuant to NRS 75A.410.

      2.  The Secretary of State shall annually compile the responses to the survey received during the immediately preceding year into a report and submit the report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.

      (Added to NRS by 2017, 2895, 2896)

      NRS 75A.430  Regulations. [Effective through December 31, 2022.]  The Secretary of State may adopt such regulations as he or she determines to be necessary or advisable to carry out the provisions of NRS 75A.410 and 75A.420.

      (Added to NRS by 2017, 2895, 2896)