[Rev. 2/10/2015 4:40:11
PM--2014R2]
CHAPTER 231 - ECONOMIC DEVELOPMENT, TOURISM
AND CULTURAL AFFAIRS
GENERAL PROVISIONS
NRS 231.002 Definitions.
NRS 231.003 “Administrative
or operating purposes” defined.
NRS 231.004 “Board”
defined.
NRS 231.005 “Development
resource” defined.
NRS 231.006 “Executive
Director” defined.
NRS 231.007 “Office”
defined.
NRS 231.008 “Organization
for economic development” defined.
NRS 231.009 “Regional
development authority” defined.
INTERAGENCY COMMITTEE FOR COORDINATING TOURISM AND ECONOMIC
DEVELOPMENT
NRS 231.015 Creation;
membership; meetings; duties; subcommittees. [Repealed.]
ECONOMIC DEVELOPMENT
General Provisions
NRS 231.020 “Motion
pictures” defined.
NRS 231.025 Advisory
Council on Economic Development: Creation; membership; expenses; duties.
[Repealed.]
NRS 231.033 Board
of Economic Development: Creation; membership; terms; officers; quorum;
meetings; expenses.
NRS 231.037 Board
of Economic Development: Duties.
NRS 231.043 Office
of Economic Development: Creation; divisions; budget; status of employees.
NRS 231.047 Office
of Economic Development: Executive Director.
NRS 231.053 Executive
Director of Office of Economic Development: Powers and duties; regulations.
NRS 231.054 Executive
Director of Office of Economic Development: Regional development authorities to
submit plans.
NRS 231.055 Office
of Economic Development: Powers and duties.
NRS 231.057 Office
of Economic Development: Powers specific to contracts with regional development
authorities.
NRS 231.060 Office
of Economic Development: Powers and duties; policies and programs of Division
of Motion Pictures; special advisory committees.
NRS 231.064 Office
of Economic Development: Powers and duties; research; dissemination of
information.
NRS 231.068 Office
of Economic Development: Powers and duties; grants for programs for
occupational education.
NRS 231.0685 Office
of Economic Development: Biennial report to Director of Legislative Counsel
Bureau; contents of report. [Effective through June 30, 2023.]
NRS 231.0685 Office
of Economic Development: Biennial report to Director of Legislative Counsel
Bureau; contents of report. [Effective July 1, 2023.]
NRS 231.069 Office
of Economic Development: Confidentiality of records and documents submitted by
client.
NRS 231.0695 Office
of Economic Development: Approval of partial tax abatement.
NRS 231.075 Inland
Ports: Office of Economic Development to assist in development.
NRS 231.125 Office
of Economic Development: Fees to support activities.
NRS 231.127 Division
of Motion Pictures: Program to promote production of motion pictures.
NRS 231.128 Registration
and permits required for production of motion picture.
NRS 231.130 Office
of Economic Development: Use of records and assistance of other state agencies.
NRS 231.139 Office
of Economic Development: Certification of businesses for certain benefits;
requirements for certification; allocations from Contingency Account; fees;
regulations.
Outreach Program for Local Emerging Small Business
NRS 231.1401 Definitions.
NRS 231.1402 “Local
emerging small business” defined.
NRS 231.1403 “Local
purchasing contract” defined.
NRS 231.1404 “State
purchasing contract” defined.
NRS 231.1405 Requirements
for certification.
NRS 231.14055 Application
for certification.
NRS 231.1406 Full-time
equivalent employee: Determination.
NRS 231.14065 Duties
of Department of Business and Industry, Purchasing Division and State Public
Works Division.
NRS 231.1407 Office
of Economic Development: Duties.
NRS 231.14075 Office
of Economic Development: Annual report.
NRS 231.1408 Office
of Economic Development: Regulations.
Program of Training for Employees of Business
NRS 231.141 Definitions.
NRS 231.143 “Community
college” defined.
NRS 231.146 “Program”
defined.
NRS 231.147 Application
for approval of program; contents of application; assistance in completing
application; approval or denial of application by Office; matching money;
notification of approval or denial.
NRS 231.149 Office
authorized to accept gifts, grants, donations and contributions; deposit of
money in State Treasury.
NRS 231.151 Disposition
of certain money received by Office; administration of account.
NRS 231.152 Adoption
of regulations by Office.
Catalyst Account
NRS 231.1573 Creation;
nature of Account; disposition of interest, income and principal;
administration.
NRS 231.1577 Duties
of Executive Director; applications for grant or loan from Account; review and
approval of applications; conditions; annual report.
NRS 231.1579 Grants
from regional development authority to certain other organizations: Procedures;
requirements; reports.
Knowledge Account
NRS 231.1591 Definitions.
NRS 231.1592 Creation;
nature of Account; disposition of interest and income; duties of Executive
Director.
NRS 231.1593 Commercialization
revenue: Authority of Executive Director to enter into agreements with certain
entities; disposition and allocation.
NRS 231.1594 Executive
Director to establish procedures for applying for allocation from Account;
requirements; applications; use of money; factors to be considered in making
allocations.
NRS 231.1595 Powers
and duties of Executive Director: Economic development goals; expansion,
enhancement, transfer and commercialization of research; encouragement of
investment; reports; agreements.
NRS 231.1596 Technology
outreach program: Executive Director to establish; required functions; duties
of Board.
NRS 231.1597 Allocation
of money in Account to provide for certain expenditures.
DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS
General Provisions
NRS 231.161 Definitions.
NRS 231.163 “Department”
defined.
NRS 231.165 “Director”
defined.
NRS 231.167 Creation;
divisions.
NRS 231.169 Bequests
and gifts unaffected by creation of Department.
NRS 231.170 Commission
on Tourism: Appointment and qualifications of members.
NRS 231.180 Commission
on Tourism: Meetings; quorum; Secretary; removal of appointed members.
NRS 231.190 Commission
on Tourism: Salary of appointed members.
NRS 231.200 Commission
on Tourism: Powers and duties.
NRS 231.210 Director:
Qualifications; appointment; restrictions on other employment.
NRS 231.220 Director:
Powers and duties.
NRS 231.230 Employees.
NRS 231.240 Fees
for materials prepared for distribution.
NRS 231.250 Fund
for the Promotion of Tourism.
Division of Tourism
NRS 231.260 Duties.
NRS 231.270 Formation
of councils on tourism; production of promotional films; dissemination of
information.
Nevada Magazine; Records
NRS 231.290 Fund
for the Nevada Magazine.
NRS 231.300 Use
of records and assistance of other state agencies.
Development of Projects Relating to Tourism
NRS 231.310 Definitions.
NRS 231.320 “Commission”
defined.
NRS 231.330 “Development
of projects relating to tourism” defined.
NRS 231.340 “Grant
Program” defined.
NRS 231.360 Powers
and duties of Commission on Tourism: Development and administration of Grant
Program for Development of Projects Relating to Tourism; sources of money for
Program; administration of account.
_________
GENERAL PROVISIONS
NRS 231.002 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 231.003 to 231.009, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2011, 3427)
NRS 231.003 “Administrative or operating purposes” defined. “Administrative or operating purposes”
includes, without limitation, the dissemination of program information,
marketing, grant writing, accounting services, legal services, travel and
training.
(Added to NRS by 2011, 3428)
NRS 231.004 “Board” defined. “Board”
means the Board of Economic Development created by NRS
231.033.
(Added to NRS by 2011, 3428)
NRS 231.005 “Development resource” defined. “Development
resource” means any funding or other resource for economic development,
including, without limitation, a structured lease of real property. The term
does not include any funding for administrative or operating purposes or any
grant, loan or allocation of money from the Catalyst Account created by NRS 231.1573 or the Knowledge Account created by NRS 231.1592.
(Added to NRS by 2011, 3428;
A 2013,
2748)
NRS 231.006 “Executive Director” defined. “Executive
Director” means the Executive Director of the Office of Economic Development.
(Added to NRS by 2011, 3428)
NRS 231.007 “Office” defined. “Office”
means the Office of Economic Development created by NRS
231.043.
(Added to NRS by 2011, 3428)
NRS 231.008 “Organization for economic development” defined. “Organization for economic development” means
an organization which promotes, aids or encourages economic development in this
State or a locality or region of this State.
(Added to NRS by 2011, 3428)
NRS 231.009 “Regional development authority” defined. “Regional development authority” means an
organization for economic development which is:
1. A local governmental entity, composed
solely of two or more local governmental entities or a private nonprofit
entity; and
2. Designated by the Executive Director as
a regional development authority pursuant to subsection 4 of NRS 231.053.
(Added to NRS by 2011, 3428)
INTERAGENCY COMMITTEE FOR COORDINATING TOURISM AND ECONOMIC
DEVELOPMENT
NRS 231.015 Creation; membership; meetings; duties; subcommittees. Repealed. (See chapter 112, Statutes of Nevada
2013, at page 404.)
ECONOMIC DEVELOPMENT
General Provisions
NRS 231.020 “Motion pictures” defined. As
used in NRS 231.020 to 231.139,
inclusive, unless the context otherwise requires, “motion pictures” includes
feature films, movies made for broadcast or other electronic transmission, and
programs made for broadcast or other electronic transmission in episodes.
[2:322:1955]—(NRS A 1969, 230; 1983, 1167; 1987, 1589, 1672; 1989, 554; 1997, 2479; 1999, 1750; 2005,
22nd Special Session, 112; 2011, 750, 3441; 2013, 1144)
NRS 231.025 Advisory Council on Economic Development: Creation; membership;
expenses; duties. Repealed. (See
chapter 112, Statutes of Nevada 2013, at page 404.)
NRS 231.033 Board of Economic Development: Creation; membership; terms;
officers; quorum; meetings; expenses.
1. There is hereby created the Board of
Economic Development, consisting of:
(a) The following voting members:
(1) The Governor;
(2) The Lieutenant Governor;
(3) The Secretary of State; and
(4) Six members who must be selected from
the private sector and appointed as follows:
(I) Three members appointed by the
Governor;
(II) One member appointed by the
Speaker of the Assembly;
(III) One member appointed by the
Majority Leader of the Senate; and
(IV) One member appointed by the
Minority Leader of the Assembly or the Minority Leader of the Senate. The
Minority Leader of the Senate shall appoint the member for the initial term,
the Minority Leader of the Assembly shall appoint the member for the next
succeeding term, and thereafter, the authority to appoint the member for each
subsequent term alternates between the Minority Leader of the Assembly and the
Minority Leader of the Senate.
(b) The following nonvoting members:
(1) The Chancellor of the Nevada System of
Higher Education or his or her designee; and
(2) The Director of the Department of
Employment, Training and Rehabilitation.
2. In appointing the members of the Board
described in subsection 1, the appointing authorities shall coordinate the
appointments when practicable so that the members of the Board represent the
diversity of this State, including, without limitation, different strategically
important industries, different geographic regions of this State and different
professions.
3. The Governor shall serve as the Chair
of the Board.
4. Except as otherwise provided in this
subsection, the members of the Board appointed pursuant to subparagraph (4) of
paragraph (a) of subsection 1 are appointed for terms of 4 years. The initial
members of the Board shall by lot select three of the initial members of the
Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1
to serve an initial term of 2 years.
5. The Governor, the Lieutenant Governor
or the Secretary of State may designate a person to serve as a member of the
Board for the Governor, Lieutenant Governor or Secretary of State,
respectively. Any person designated to serve pursuant to this subsection shall
serve for the term of the officer appointing him or her and serves at the pleasure
of that officer. If the Governor designates a person to serve on his or her
behalf, that person shall serve as the Chair of the Board. Vacancies in the
appointed positions on the Board must be filled by the appointing authority for
the unexpired term.
6. The Executive Director shall serve as
the nonvoting Secretary of the Board.
7. A majority of the Board constitutes a
quorum, and a majority of the Board is required to exercise any power conferred
on the Board.
8. The Board shall meet at least once each
quarter but may meet more often at the call of the Chair or a majority of the
members of the Board.
9. The members of the Board serve without
compensation but are entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally while engaged in
the official business of the Board.
(Added to NRS by 2011, 3431;
A 2013, 399)
NRS 231.037 Board of Economic Development: Duties. The
Board shall:
1. Review and evaluate all programs of
economic development in this State and make recommendations to the Legislature
for legislation to improve the effectiveness of those programs in implementing
the State Plan for Economic Development developed by the Executive Director
pursuant to subsection 2 of NRS 231.053.
2. Recommend to the Executive Director a
State Plan for Economic Development and make recommendations to the Executive
Director for carrying out the State Plan for Economic Development, including,
without limitation, recommendations regarding the development and
implementation of a recruiting and marketing effort to attract professionals
and businesses to this State.
3. Recommend to the Executive Director the
criteria for the designation of regional development authorities.
4. Make recommendations to the Executive
Director for the designation for the southern region of this State, the
northern region of this State and the rural region of this State, one or more
regional development authorities for each region.
5. Provide advice and recommendations to
the Executive Director concerning:
(a) The procedures to be followed by any entity
seeking to obtain any development resource, allocation, grant or loan from the
Office;
(b) The criteria to be used by the Office in
providing development resources and making allocations, grants and loans;
(c) The requirements for reports from the
recipients of development resources, allocations, grants and loans from the
Office concerning the use thereof; and
(d) Any other activities of the Office.
6. Review each proposal by the Executive
Director to enter into a contract pursuant to NRS
231.057 for more than $100,000 or allocate, grant or loan more than
$100,000 to any entity and, as the Board determines to be in the best interests
of the State, approve or disapprove the proposed allocation, grant or loan.
Notwithstanding any other statutory provision to the contrary, the Executive
Director shall not enter into any contract pursuant to NRS
231.057 for more than $100,000 or make any allocation, grant or loan of
more than $100,000 to any entity unless the allocation, grant or loan is
approved by the Board.
(Added to NRS by 2011, 3432;
A 2011,
3484; 2013,
1145)
NRS 231.043 Office of Economic Development: Creation; divisions; budget;
status of employees.
1. There is hereby created within the
Office of the Governor the Office of Economic Development, consisting of:
(a) A Division of Economic Development; and
(b) A Division of Motion Pictures.
2. The Governor shall propose a budget for
the Office.
3. Employees of the Office are not in the
classified or unclassified service of this State and serve at the pleasure of
the Executive Director.
(Added to NRS by 2011, 3432;
A 2011,
3485)
NRS 231.047 Office of Economic Development: Executive Director. The Executive Director:
1. Must be appointed by the Governor from
a list of three persons recommended by the Board.
2. Is not in the classified or
unclassified service of this State.
3. Serves at the pleasure of the Board,
except that he or she may be removed by the Board only if the Board finds that
his or her performance is unsatisfactory.
4. Shall devote his or her entire time to
the duties of his or her office and shall not engage in any other gainful
employment or occupation.
(Added to NRS by 2011, 3432)
NRS 231.053 Executive Director of Office of Economic Development: Powers and
duties; regulations. After
considering any pertinent advice and recommendations of the Board, the
Executive Director:
1. Shall direct and supervise the
administrative and technical activities of the Office.
2. Shall develop and may periodically
revise a State Plan for Economic Development, which must include a statement
of:
(a) New industries which have the potential to be
developed in this State;
(b) The strengths and weaknesses of this State
for business incubation;
(c) The competitive advantages and weaknesses of
this State;
(d) The manner in which this State can leverage
its competitive advantages and address its competitive weaknesses;
(e) A strategy to encourage the creation and
expansion of businesses in this State and the relocation of businesses to this
State; and
(f) Potential partners for the implementation of
the strategy, including, without limitation, the Federal Government, local
governments, local and regional organizations for economic development,
chambers of commerce, and private businesses, investors and nonprofit entities.
3. Shall develop criteria for the
designation of regional development authorities pursuant to subsection 4.
4. Shall designate as many regional
development authorities for each region of this State as the Executive Director
determines to be appropriate to implement the State Plan for Economic
Development. In designating regional development authorities, the Executive
Director must consult with local governmental entities affected by the
designation. The Executive Director may, if he or she determines that such
action would aid in the implementation of the State Plan for Economic
Development, remove the designation of any regional development authority
previously designated pursuant to this section and declare void any contract
between the Office and that regional development authority.
5. Shall establish procedures for entering
into contracts with regional development authorities to provide services to
aid, promote and encourage the economic development of this State.
6. May apply for and accept any gift,
donation, bequest, grant or other source of money to carry out the provisions
of NRS 231.020 to 231.139,
inclusive, and 231.1573 to 231.1597,
inclusive.
7. May adopt such regulations as may be
necessary to carry out the provisions of NRS 231.020
to 231.139, inclusive, and 231.1573
to 231.1597, inclusive.
8. In a manner consistent with the laws of
this State, may reorganize the programs of economic development in this State
to further the State Plan for Economic Development. If, in the opinion of the
Executive Director, changes to the laws of this State are necessary to
implement the economic development strategy for this State, the Executive Director
must recommend the changes to the Governor and the Legislature.
(Added to NRS by 2011, 3433;
A 2011,
3485; 2013,
400, 1145)
NRS 231.054 Executive Director of Office of Economic Development: Regional
development authorities to submit plans. Each
regional development authority shall present a plan to the Executive Director
regarding the development and enhancement of a recruiting and marketing effort
to attract professionals and businesses to the region of this State served by
the regional development authority. The Executive Director shall consider any
plan presented pursuant to this section in carrying out the provisions of NRS 231.053.
(Added to NRS by 2013, 1144)
NRS 231.055 Office of Economic Development: Powers and duties. Under the direction of the Executive Director,
the Office:
1. Shall provide administrative and
technical support to the Board.
2. Shall support the efforts of the Board,
the regional development authorities designated by the Executive Director
pursuant to subsection 4 of NRS 231.053 and the
private sector to encourage the creation and expansion of businesses in Nevada
and the relocation of businesses to Nevada.
3. Shall coordinate and oversee all
economic development programs in this State to ensure that such programs are
consistent with the State Plan for Economic Development developed by the
Executive Director pursuant to subsection 2 of NRS
231.053, including, without limitation:
(a) Coordinating the economic development
activities of agencies of this State, local governments in this State and local
and regional organizations for economic development to avoid duplication of
effort or conflicting efforts;
(b) Working with local, state and federal
authorities to streamline the process for obtaining abatements, financial
incentives, grants, loans and all necessary permits and licenses for the creation
or expansion of businesses in Nevada or the relocation of businesses to Nevada;
and
(c) Reviewing, analyzing and making
recommendations for the approval or disapproval of applications for abatements,
financial incentives, development resources, and grants and loans of money
provided by the Office.
4. May:
(a) Participate in any federal programs for
economic development that are consistent with the State Plan for Economic
Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(b) When practicable and authorized by federal
law, act as the agency of this State to administer such federal programs.
(Added to NRS by 2011, 3433;
A 2011,
3486)
NRS 231.057 Office of Economic Development: Powers specific to contracts
with regional development authorities.
1. In accordance with the provisions of
this section and under the direction of the Executive Director, the Office may
enter into contracts with regional development authorities for services which
promote the economic development of this State and aid the implementation of
the State Plan for Economic Development developed by the Executive Director
pursuant to subsection 2 of NRS 231.053. A contract
entered into pursuant to this section must only provide funding for
administrative or operating purposes.
2. Before entering into a contract
pursuant to subsection 1, the Office, in consultation with the Board, must
issue a request for proposals. The request for proposals must include, without
limitation, provisions requiring a bid submitted by a regional development
authority to state:
(a) The services to be provided by the regional
development authority;
(b) The plans, projects and programs for which
the regional development authority is seeking to enter into the contract;
(c) The expected benefits of the contract; and
(d) The short-term and long-term impacts of the
contract.
3. A contract entered into pursuant to
this section must:
(a) Set forth the services to be provided, and
the plans, projects and programs to be carried out, by the regional development
authority;
(b) Include a provision requiring the regional
development authority to refund any funding provided pursuant to the contract
if it is not used in accordance with the contract;
(c) Promote, aid or encourage the economic
development of this State and aid in the implementation of the State Plan for
Economic Development developed by the Executive Director pursuant to subsection
2 of NRS 231.053; and
(d) Require the regional development authority to
submit the reports required by subsection 4.
4. A regional development authority which
enters into a contract pursuant to this section must submit to the Office
reports concerning the use of the funding provided pursuant to the contract.
The reports must include, without limitation:
(a) A description of each activity undertaken
with funding provided pursuant to the contract and the amount of funding used
for each such activity;
(b) The return on the funding provided pursuant
to the contract;
(c) A statement of the benefit to the public from
the funding provided pursuant to the contract; and
(d) Such documentation as the Executive Director
deems appropriate to support the information provided in the report.
(Added to NRS by 2011, 3434)
NRS 231.060 Office of Economic Development: Powers and duties; policies and
programs of Division of Motion Pictures; special advisory committees. The Office:
1. Shall establish the policies and
approve the programs of the Division of Motion Pictures concerning the
promotion of the production of motion pictures in this State.
2. May from time to time create special
advisory committees to advise it on special problems of economic development.
Members of special advisory committees may be paid the per diem allowance and
travel expenses provided for state officers and employees, as the budget of the
Office permits.
[6:322:1955]—(NRS A 1969, 231, 1455; 1983, 1168; 1985, 403; 2011, 3442)
NRS 231.064 Office of Economic Development: Powers and duties; research;
dissemination of information. In
addition to its other duties, the Office shall:
1. Investigate and study conditions
affecting Nevada business, industry and commerce, and engage in technical
studies, scientific investigations, statistical research and educational
activities necessary or useful for the proper execution of the function of the
Office in promoting and developing Nevada business, industry and commerce, both
within and outside the State.
2. Conduct or encourage research designed
to further new and more extensive uses of the natural and other resources of
the State and designed to develop new products and industrial processes.
3. Serve as a center of public information
for the State of Nevada by answering general inquiries concerning the resources
and economic advantages of this state and by furnishing information and data on
these and related subjects.
4. Prepare, and disseminate in any medium,
informational material designed to promote community, economic and industrial
development in Nevada.
5. Plan and develop an effective service
for business information, both for the direct assistance of business and
industry of the State and for the encouragement of business and industry
outside the State to use economic facilities within the State, including
readily accessible information on state and local taxes, local zoning
regulations and environmental standards, the availability and cost of real
estate, labor, energy, transportation and occupational education and related
subjects.
(Added to NRS by 1983, 1166; A 1985, 814; 2003, 1425; 2011, 3442)
NRS 231.068 Office of Economic Development: Powers and duties; grants for
programs for occupational education.
1. The Office, to the extent of
legislative appropriations, may grant money to a postsecondary educational
institution to develop a program for occupational education which is designed
to teach skills in a short period to persons who are needed for employment by
new or existing businesses.
2. Any money appropriated to the Office
for awarding grants to develop a program specified in subsection 1 must be
accounted for separately in the State General Fund. The money in the account:
(a) Does not revert to the State General Fund at
the end of any fiscal year; and
(b) Must be carried forward to the next fiscal
year.
(Added to NRS by 1985, 623; A 1999, 3114; 2011, 3442)
NRS 231.0685 Office of Economic Development: Biennial report to Director of
Legislative Counsel Bureau; contents of report. [Effective through June 30,
2023.] The Office shall, on or
before January 15 of each odd-numbered year, prepare and submit to the Director
of the Legislative Counsel Bureau for transmission to the Legislature a report
concerning the abatements from taxation that the Office approved pursuant to NRS 274.310, 274.320, 274.330, 360.750 or 360.752. The report must set forth, for
each abatement from taxation that the Office approved during the fiscal years
which are 3 fiscal years and 6 fiscal years immediately preceding the
submission of the report:
1. The dollar amount of the abatement;
2. The location of the business for which
the abatement was approved;
3. The value of infrastructure included as
an incentive for the business;
4. If applicable, the number of employees
that the business for which the abatement was approved employs or will employ;
5. Whether the business for which the
abatement was approved is a new business or an existing business;
6. The economic sector in which the
business operates, the number of primary jobs related to the business, the average
wage paid to employees of the business and the assessed values of personal
property and real property of the business; and
7. Any other information that the Office
determines to be useful.
(Added to NRS by 1999, 1749; A 2001, 113; 2005, 643; 2011, 3443;
2013, 573,
2811)
NRS 231.0685 Office of Economic
Development: Biennial report to Director of Legislative Counsel Bureau;
contents of report. [Effective July 1, 2023.] The
Office shall, on or before January 15 of each odd-numbered year, prepare and
submit to the Director of the Legislative Counsel Bureau for transmission to
the Legislature a report concerning the abatements from taxation that the
Office approved pursuant to NRS 274.310,
274.320, 274.330 or 360.750. The report must set forth, for
each abatement from taxation that the Office approved during the fiscal years
which are 3 fiscal years and 6 fiscal years immediately preceding the
submission of the report:
1. The dollar amount of the abatement;
2. The location of the business for which
the abatement was approved;
3. The value of infrastructure included as
an incentive for the business;
4. If applicable, the number of employees
that the business for which the abatement was approved employs or will employ;
5. Whether the business for which the
abatement was approved is a new business or an existing business;
6. The economic sector in which the
business operates, the number of primary jobs related to the business, the
average wage paid to employees of the business and the assessed values of
personal property and real property of the business; and
7. Any other information that the Office
determines to be useful.
(Added to NRS by 1999, 1749; A 2001, 113; 2005, 643; 2011, 3443;
2013, 573,
2811,
effective July 1, 2023)
NRS 231.069 Office of Economic Development: Confidentiality of records and
documents submitted by client.
1. Except as otherwise provided in NRS 239.0115, if so requested by a
client, the Office shall keep confidential any record or other document in its
possession concerning the initial contact with and research and planning for
that client. If such a request is made, the Executive Director shall attach to
the file containing the record or document a certificate signed by him or her
stating that a request for confidentiality was made by the client and the date
of the request.
2. Records and documents that are
confidential pursuant to subsection 1 remain confidential until the client:
(a) Initiates any process regarding the location
of his or her business in Nevada which is within the jurisdiction of a state
agency other than the Office; or
(b) Decides to locate his or her business in
Nevada.
(Added to NRS by 1987, 1671; A 1989, 554; 2007, 2080; 2011, 3443)
NRS 231.0695 Office of Economic Development: Approval of partial tax
abatement.
1. For the purpose of any partial tax
abatement which the Office is required or authorized to approve, the Office
shall be deemed to have approved the partial tax abatement:
(a) Upon approval by the Board for partial tax
abatements with a projected value to a single entity of $250,000 or more; and
(b) Upon approval by the Director for partial tax
abatements with a projected value to a single entity of less than $250,000.
2. For the purposes of this section,
“projected value” means the dollar value of the abatement requested by an
entity plus the accumulated value of all tax abatements received by that entity
for the immediately preceding 2 years.
(Added to NRS by 2013, 399)
NRS 231.075 Inland Ports: Office of Economic Development to assist in
development.
1. The Office of Economic Development
shall:
(a) Promote, encourage and aid in the development
of inland ports in this State.
(b) Identify sources of financing to assist local
governments in developing or expanding inland ports.
(c) Encourage and assist local governments in
planning and preparing projects for inland ports.
(d) Promote close cooperation between local
governments, other public agencies and private persons that have an interest in
creating, operating or maintaining inland ports in the State.
2. As used in this section, “inland port”
has the meaning ascribed to it in NRS
277B.050.
(Added to NRS by 2011, 750;
A 2013, 401)
NRS 231.125 Office of Economic Development: Fees to support activities.
1. The Office may charge such fees for:
(a) Materials prepared for distribution by the
Office;
(b) Advertising in materials prepared by the
Office; and
(c) Services performed by the Office on behalf of
others, such as the procurement of permits,
Ê as it deems
necessary to support the activities of the Office.
2. All such fees must be deposited with
the State Treasurer for credit to the Office and may be expended in addition to
other money appropriated for the support of the Office.
(Added to NRS by 1967, 1247; A 1981, 254; 1983, 1170; 1993, 2278; 2011, 3444)
NRS 231.127 Division of Motion Pictures: Program to promote production of
motion pictures.
1. The Division of Motion Pictures shall
formulate a program to promote the production of motion pictures in Nevada. The
program must include development of:
(a) A directory of the names of persons, firms
and governmental agencies in this State which are capable of furnishing the
skills and facilities needed in all phases of the production of motion
pictures; and
(b) A library containing audiovisual recordings
which depict the variety and extent of the locations in this State which are
available for the production of motion pictures.
Ê The
directory of names and the library of audiovisual recordings must be kept
current and be cross-referenced.
2. The program may include:
(a) The preparation and distribution of other
appropriate promotional and informational material, including advertising,
which points out desirable locations within the State for the production of
motion pictures, explains the benefits and advantages of producing motion
pictures in this State, and describes the services and assistance available
from this State and its local governments;
(b) Assistance to motion picture companies in
securing permits to film at certain locations and in obtaining other services
connected with the production of motion pictures; and
(c) Encouragement of cooperation among local,
state and federal agencies and public organizations in the location and
production of motion pictures.
(Added to NRS by 1983, 1166; A 2011, 3444)
NRS 231.128 Registration and permits required for production of motion
picture.
1. Before a motion picture company begins
production of a motion picture in this State, the motion picture company must:
(a) Register with the Division of Motion
Pictures; and
(b) Obtain any applicable permits otherwise
required by other agencies and political subdivisions of this State.
2. The registration filed with the
Division of Motion Pictures must:
(a) Contain a provision which provides that the
motion picture company agrees to pay, within 30 days after the filming of the
motion picture is completed in this State, all of the debts and obligations
incurred by the motion picture company in the production of the motion picture
in this State.
(b) Be signed by:
(1) A person who is authorized to enter
into an agreement on behalf of the motion picture company; and
(2) The Administrator of the Division of
Motion Pictures or, in a county whose population is 700,000 or more, by the
head of the department or agency within that county which is authorized to
issue business licenses on behalf of the county.
(Added to NRS by 1997, 2479; A 2011, 1152)
NRS 231.130 Office of Economic Development: Use of records and assistance of
other state agencies. Except as
otherwise provided by law, in performing their duties, the Executive Director
of the Office and the Administrator of the Division of Motion Pictures shall
not interfere with the functions of any other state agencies, but those
agencies shall, from time to time, on request, furnish the Executive Director
with data and other information from their records bearing on the objectives of
the Office. The Executive Director shall avail himself or herself of records
and assistance of such other state agencies as in the opinion of the Governor
or Executive Director might make a contribution to the work of the Office.
[13:322:1955]—(NRS A 1969, 32, 1561; 1973, 903; 1977, 1123; 1979, 904, 1788; 1983, 1170; 2011, 3445)
NRS 231.139 Office of Economic Development: Certification of businesses for
certain benefits; requirements for certification; allocations from Contingency
Account; fees; regulations.
1. The Office shall certify a business for
the benefits provided pursuant to NRS
704.223 if the Office finds that:
(a) The business is consistent with the State
Plan for Economic Development developed by the Executive Director pursuant to
subsection 2 of NRS 231.053;
(b) The business is engaged in the primary trade
of preparing, fabricating, manufacturing or otherwise processing raw material
or an intermediate product through a process in which at least 50 percent of
the material or product is recycled on-site;
(c) Establishing the business will require the
business to make a capital investment of $50,000,000 in Nevada; and
(d) The economic benefit to the State of
approving the certification exceeds the cost to the State.
2. The Office may:
(a) Request an allocation from the Contingency
Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the
Office pursuant to this section and NRS
704.032.
(b) Impose a reasonable fee for an application for
certification pursuant to this section to cover the costs incurred by the
Office in investigating and ruling on the application.
(c) Adopt such regulations as it deems necessary
to carry out the provisions of this section.
(Added to NRS by 1993, 818; A 1995, 1143; 2001, 1584; 2011, 3445)
Outreach Program for Local Emerging Small Business
NRS 231.1401 Definitions. As used
in NRS 231.1401 to 231.1408,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 231.1402, 231.1403
and 231.1404 have the meanings ascribed to them in
those sections.
(Added to NRS by 2013, 3692)
NRS 231.1402 “Local emerging small business” defined. “Local emerging small business” means a
business that has been certified by the Office pursuant to NRS 231.14055.
(Added to NRS by 2013, 3692)
NRS 231.1403 “Local purchasing contract” defined. “Local
purchasing contract” has the meaning ascribed to it in NRS 332.201.
(Added to NRS by 2013, 3692)
NRS 231.1404 “State purchasing contract” defined. “State
purchasing contract” has the meaning ascribed to it in NRS 333.177.
(Added to NRS by 2013, 3692)
NRS 231.1405 Requirements for certification.
1. To be eligible for certification as a
local emerging small business, a business must:
(a) Be in existence, operational and operated for
a profit;
(b) Maintain its principal place of business in
this State;
(c) Be in compliance with all applicable
licensing and registration requirements in this State;
(d) Not be a subsidiary or parent company
belonging to a group of firms that are owned or controlled by the same persons
if, in the aggregate, the group of firms does not qualify pursuant to
subsection 2 or 3 for designation as a tier 1 firm or a tier 2 firm; and
(e) Qualify pursuant to subsection 2 or 3 for
designation as a tier 1 firm or a tier 2 firm.
2. To be designated a tier 1 firm, a
business must not employ more than 20 full-time or full-time equivalent employees
and:
(a) If the business is involved in providing
construction services, the average annual gross receipts for the business must
not exceed $1.7 million for the 3 years immediately preceding the date of
application for certification as a local emerging small business; or
(b) If the business is involved in the sale of
goods or in providing services other than construction services, the average
annual gross receipts for the business must not exceed $700,000 for the 3 years
immediately preceding the date of application for certification as a local
emerging small business.
3. To be designated a tier 2 firm, a
business must not employ more than 30 full-time or full-time equivalent
employees and:
(a) If the business is involved in providing
construction services, the average annual gross receipts for the business must
not exceed $3.5 million for the 3 years immediately preceding the date of
application for certification as a local emerging small business; or
(b) If the business is involved in the sale of
goods or in providing services other than construction services, the average
annual gross receipts for the business must not exceed $1.3 million for the 3
years immediately preceding the date of application for certification as a
local emerging small business.
4. In determining if a business qualifies
for a designation as a tier 1 firm or a tier 2 firm pursuant to subsection 2 or
3, the Office shall use the criteria set forth in NRS
231.1406 to determine whether an employee is a full-time equivalent
employee for the purposes of such a designation.
(Added to NRS by 2013, 3692)
NRS 231.14055 Application for certification.
1. A business may apply, on a form
prescribed by regulation of the Office, to the Office for certification as a
local emerging small business. The application must be accompanied by such
proof as the Office requires to demonstrate that the applicant is in compliance
with the criteria set forth in NRS 231.1405 and
any regulations adopted pursuant to NRS 231.1408.
2. Upon receipt of the application and
when satisfied that the applicant meets the requirements set forth in this
section, NRS 231.1405 and any regulations adopted
pursuant to NRS 231.1408, the Office shall certify
the business as a local emerging small business.
3. The Office shall compile a list of the
local emerging small businesses certified pursuant to this section and post the
list on its Internet website.
(Added to NRS by 2013, 3692)
NRS 231.1406 Full-time equivalent employee: Determination. To determine whether an employee is a
full-time equivalent employee pursuant to NRS 231.1405:
1. An owner of a business applying for
certification as a local emerging small business must not be considered a
full-time equivalent employee;
2. The period during which the full-time
equivalency of an employee is determined must be based on the same period as
the tax year for the business applying for certification as a local emerging
small business; and
3. The hours worked by part-time and
seasonal employees must be converted into full-time equivalent hours by
dividing by 2,080 the total hours worked for the business applying for
certification by all part-time and seasonal employees.
(Added to NRS by 2013, 3693)
NRS 231.14065 Duties of Department of Business and Industry, Purchasing
Division and State Public Works Division.
1. The Office shall, in consultation with
the Department of Business and Industry, establish an outreach program for
local emerging small businesses to connect those businesses with state agencies
seeking state purchasing contracts and contracts for public works of this
State. To the extent practicable, such an outreach program must include private
contractors to increase the awareness of those private contractors of the
option of using local emerging small businesses to fulfill the contract needs
of the private contractors.
2. The Office shall encourage the
Purchasing Division of the Department of Administration and the State Public
Works Division of the Department of Administration to:
(a) Use the list of the local emerging small
businesses compiled by the Office pursuant to NRS
231.14055; and
(b) Develop outreach programs for local emerging
small businesses.
(Added to NRS by 2013, 3693)
NRS 231.1407 Office of Economic Development: Duties.
1. The Office shall establish goals for:
(a) The submission of bids or proposals by local
emerging small businesses for state purchasing contracts and for the awarding of
those contracts to local emerging small businesses; and
(b) The submission of bids or proposals by local
emerging small businesses for contracts for public works of this State for
which the estimated cost is less than $100,000 and for the awarding of those
contracts to local emerging small businesses.
2. The Office shall encourage:
(a) Local governments to award local purchasing
contracts and contracts for public works of the local government to local
emerging small businesses;
(b) Local governments to establish goals for the
awarding of local purchasing contracts and contracts for public works of the
local government to local emerging small businesses; and
(c) Each local government in a county whose
population is less than 100,000 to submit reports to the Office that are
similar in nature and frequency to the reports required pursuant to NRS 332.201.
3. The Office, in cooperation with the
Office of the Governor, shall establish an annual recognition program for the
state agencies that meet the goals established pursuant to subsection 1.
(Added to NRS by 2013, 3693)
NRS 231.14075 Office of Economic Development: Annual report. On or before September 15 of each year, the
Office shall submit a report to the Governor and to the Director of the
Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if
the report is received during an odd-numbered year, or to the next session of
the Legislature, if the report is received during an even-numbered year. The
report must include, without limitation, for the fiscal year immediately
preceding the submission of the report:
1. A summary of the information submitted
to the Office pursuant to NRS 332.201, 333.177 and 338.1427 and, if applicable, paragraph
(c) of subsection 2 of NRS 231.1407, including,
without limitation, efforts undertaken to achieve any goals established by the
Office which were not achieved in the current fiscal year and proposed action
plans for achieving those goals in the subsequent fiscal year; and
2. The number of local emerging small
businesses which are designated as tier 1 firms and tier 2 firms pursuant to NRS 231.1405. The numbers must be reported separately
for businesses involved in providing construction services and for businesses
involved in the sale of goods or in providing services other than construction
services.
(Added to NRS by 2013, 3694)
NRS 231.1408 Office of Economic Development: Regulations.
1. The Office shall adopt regulations
prescribing:
(a) The application form and procedure for
certification as a local emerging small business; and
(b) The forms for the reports required pursuant
to NRS 332.201, 333.177 and 338.1427.
2. The Office may adopt regulations to
carry out the provisions of NRS 231.1401 to 231.1408, inclusive.
(Added to NRS by 2013, 3693)
Program of Training for Employees of Business
NRS 231.141 Definitions. As
used in NRS 231.141 to 231.152,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 231.143 and 231.146
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1262; A 2003, 2646; 2011, 3446)
NRS 231.143 “Community college” defined. “Community
college” means a community college of the Nevada System of Higher Education.
(Added to NRS by 1999, 1263)
NRS 231.146 “Program” defined. “Program”
means a course of training administered by a community college for employees of
a business.
(Added to NRS by 1999, 1263)
NRS 231.147 Application for approval of program; contents of application;
assistance in completing application; approval or denial of application by
Office; matching money; notification of approval or denial.
1. A person who operates a business or
will operate a business in this State may apply to the Office for approval of a
program. The application must be submitted on a form prescribed by the Office.
2. Each application must include:
(a) The name, address and telephone number of the
business;
(b) The number and types of jobs for the business
that are available or will be available upon completion of the program;
(c) A statement of the objectives of the proposed
program;
(d) The estimated cost for each person enrolled
in the program; and
(e) A statement signed by the applicant
certifying that, if the program set forth in the application is approved and
money is granted by the Office to a community college for the program, each
employee who completes the program:
(1) Will be employed in a full-time and
permanent position in the business; and
(2) While employed in that position, will
be paid not less than 80 percent of the lesser of the average industrial hourly
wage in:
(I) This State; or
(II) The county in which the
business is located,
Ê as
determined by the Employment Security Division of the Department of Employment,
Training and Rehabilitation on July 1 of each fiscal year.
3. Upon request, the Office may assist an
applicant in completing an application pursuant to the provisions of this
section.
4. Except as otherwise provided in
subsection 5, the Office shall approve or deny each application within 45 days
after receipt of the application. When considering an application, the Office
shall give priority to a business that:
(a) Provides high-skill and high-wage jobs to
residents of this State;
(b) To the greatest extent practicable, uses
materials for the business that are produced or bought in this State; and
(c) Is consistent with the State Plan for
Economic Development developed by the Executive Director pursuant to subsection
2 of NRS 231.053.
5. Before approving an application, the
Office shall establish the amount of matching money that the applicant must
provide for the program. The amount established by the Office for that
applicant must not be less than 25 percent of the amount the Office approves
for the program.
6. If the Office approves an application,
it shall notify the applicant, in writing, within 10 days after the application
is approved.
7. If the Office denies an application, it
shall, within 10 days after the application is denied, notify the applicant in
writing. The notice must include the reason for denying the application.
(Added to NRS by 1999, 1263; A 2003, 2646; 2011, 3446)
NRS 231.149 Office authorized to accept gifts, grants, donations and
contributions; deposit of money in State Treasury.
1. The Office may apply for or accept any
gifts, grants, donations or contributions from any source to carry out the
provisions of NRS 231.141 to 231.152,
inclusive.
2. Any money the Office receives pursuant
to subsection 1 must be deposited in the State Treasury pursuant to NRS 231.151.
(Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447)
NRS 231.151 Disposition of certain money received by Office; administration
of account.
1. Any money the Office receives pursuant
to NRS 231.149 or that is appropriated to carry out
the provisions of NRS 231.141 to 231.152, inclusive:
(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and
(b) May only be used to carry out those
provisions.
2. Except as otherwise provided in
subsection 3, the balance remaining in the account that has not been committed
for expenditure on or before June 30 of a fiscal year reverts to the State
General Fund.
3. In calculating the uncommitted
remaining balance in the account at the end of a fiscal year, any money in the
account that is attributable to a gift, grant, donation or contribution:
(a) To the extent not inconsistent with a term of
the gift, grant, donation or contribution, shall be deemed to have been
committed for expenditure before any money that is attributable to a
legislative appropriation; and
(b) Must be excluded from the calculation of the
uncommitted remaining balance in the account at the end of the fiscal year if
necessary to comply with a term of the gift, grant, donation or contribution.
4. The Office shall administer the
account. Any interest or income earned on the money in the account must be
credited to the account. Any claims against the account must be paid as other
claims against the State are paid.
(Added to NRS by 1999, 1264; A 2003, 2647; 2011, 3447)
NRS 231.152 Adoption of regulations by Office. The
Office may adopt such regulations as are necessary to carry out the provisions
of NRS 231.147.
(Added to NRS by 1999, 1264; A 2003, 2648; 2011, 3447)
Catalyst Account
NRS 231.1573 Creation; nature of Account; disposition of interest, income and
principal; administration.
1. The Catalyst Account is hereby created
in the State General Fund.
2. The interest and income earned on:
(a) Money in the Catalyst Account, after
deducting any applicable charges; and
(b) Unexpended appropriations made to the Account
from the State General Fund,
Ê must be
credited to the Catalyst Account.
3. All payments of principal and interest
on any loan made with money from the Catalyst Account must be deposited in the
Account.
4. Any money in the Catalyst Account and
any unexpended appropriations made to the Account from the State General Fund
remaining at the end of a fiscal year do not revert to the State General Fund,
and the balance in the Catalyst Account must be carried forward to the next
fiscal year.
5. The Executive Director shall administer
the Catalyst Account and may apply for and accept any gift, grant, donation,
bequest or other source of money for deposit in the Catalyst Account.
(Added to NRS by 2011, 3434;
A 2011,
3486; 2013,
2748)
NRS 231.1577 Duties of Executive Director; applications for grant or loan
from Account; review and approval of applications; conditions; annual report.
1. The Executive Director shall, after
considering the advice and recommendations of the Board, establish procedures
for applying to the Office for a grant or loan of money from the Catalyst
Account created by NRS 231.1573. The procedures
must:
(a) Include, without limitation, a requirement
that applications for grants or loans must set forth:
(1) The proposed use of the grant or loan;
(2) The plans, projects and programs for
which the grant or loan will be used;
(3) The expected benefits of the grant or
loan; and
(4) A statement of the short-term and
long-term impacts of the use of the grant or loan; and
(b) Allow an applicant to revise his or her
application upon the recommendation of the Executive Director.
2. In accordance with the procedures
established pursuant to subsection 1, any county or incorporated city in this
State may apply for a grant or loan of money from the Catalyst Account.
3. Upon receipt of an application pursuant
to subsection 2, the Executive Director shall review the application and
determine whether the approval of the application would promote the economic
development of this State and aid the implementation of the State Plan for
Economic Development developed by the Executive Director pursuant to subsection
2 of NRS 231.053. If the Executive Director determines
that approving the application will promote the economic development of this
State and aid the implementation of the State Plan for Economic Development,
the Executive Director may approve the application and make a grant or loan of
money from the Catalyst Account to the applicant if the applicant is requesting
$100,000 or less. If the applicant is requesting more than $100,000, the Board
may approve the application and make a grant or loan of money from the Catalyst
Account to the applicant.
4. On or before November 1, 2012, and on
or before November 1 of every year thereafter, the Executive Director shall
submit a report to the Governor and to the Director of the Legislative Counsel
Bureau for transmittal to the Interim Finance Committee, if the report is
received during an odd-numbered year, or to the next session of the
Legislature, if the report is received during an even-numbered year. The report
must include, without limitation:
(a) The amount of grants and loans awarded from
the Catalyst Account;
(b) The amount of all grants, gifts and donations
to the Catalyst Account from public and private sources;
(c) The number of businesses which have been
created or expanded in this State, or which have relocated to this State,
because of grants and loans from the Catalyst Account; and
(d) The number of jobs which have been created or
saved because of grants and loans from the Catalyst Account.
(Added to NRS by 2011, 3435;
A 2013, 402,
2749)
NRS 231.1579 Grants from regional development authority to certain other
organizations: Procedures; requirements; reports. After
considering the advice and recommendations of the Board, the Executive Director
shall establish procedures pursuant to which a regional development authority
may grant to another organization for economic development any money granted by
the Office to the regional development authority to be used for administrative
or operating purposes. The procedures must include, without limitation, a
requirement that:
1. The applications for the grants must
set forth:
(a) The proposed use of the grant;
(b) The plans, projects and programs for which
the grant will be used;
(c) The expected benefits of the grant; and
(d) A statement of the short-term and long-term
impacts of the use of the grant.
2. The grants must:
(a) Promote the economic development of this
State and aid in the implementation of the State Plan for Economic Development
developed by the Executive Director pursuant to subsection 2 of NRS 231.053; and
(b) Be used by the organizations for economic
development receiving the grants for administrative or operating purposes.
3. The regional development authorities
making the grants and the organizations for economic development receiving the
grants must submit to the Office reports concerning the use of the grants,
which must include, without limitation:
(a) A description of each activity undertaken
with money from the grant and the amount of money used for each such activity;
(b) The return on the money provided by the
grant;
(c) A statement of the benefit to the public from
the grant; and
(d) Such documentation as the Executive Director
deems appropriate to support the information provided in the report.
(Added to NRS by 2011, 3437)
Knowledge Account
NRS 231.1591 Definitions. As
used in NRS 231.1591 to 231.1597,
inclusive, unless the context otherwise requires:
1. “Chancellor” means the Chancellor of
the Nevada System of Higher Education or his or her designee.
2. “Research universities” means the
University of Nevada, Las Vegas, and the University of Nevada, Reno.
(Added to NRS by 2011, 3437)
NRS 231.1592 Creation; nature of Account; disposition of interest and income;
duties of Executive Director.
1. The Knowledge Account is hereby created
in the State General Fund.
2. The interest and income earned on:
(a) Money in the Knowledge Account, after
deducting any applicable charges; and
(b) Unexpended appropriations made to the Account
from the State General Fund,
Ê must be
credited to the Knowledge Account.
3. Any money in the Knowledge Account and
any unexpended appropriations made to the Account from the State General Fund
remaining at the end of a fiscal year do not revert to the State General Fund,
and the balance in the Knowledge Account must be carried forward to the next
fiscal year.
4. The Executive Director:
(a) Shall administer the Knowledge Account in a
manner that is consistent with the State Plan for Economic Development
developed by the Executive Director pursuant to subsection 2 of NRS 231.053;
(b) May apply for and accept any gift, grant,
donation, bequest or other source of money for deposit in the Knowledge Account;
and
(c) Subject to any restrictions imposed by such a
grant, gift, donation or appropriation, may allocate money in the Knowledge Account
among the research universities, the Desert Research Institute, the technology
outreach program established pursuant to NRS 231.1596
and the technology transfer offices of the research universities and the Desert
Research Institute to support commercialization and technology transfer to the
private sector.
(Added to NRS by 2011, 3437;
A 2013,
2751)
NRS 231.1593 Commercialization revenue: Authority of Executive Director to
enter into agreements with certain entities; disposition and allocation.
1. The Executive Director may enter into
agreements, when the Executive Director deems such an agreement to be
appropriate, with the research universities and the Desert Research Institute
for the allocation of commercialization revenue between the Office, the
research universities and the Desert Research Institute. Any commercialization
revenue received by the Office pursuant to such an agreement must be deposited
in the Knowledge Account created by NRS 231.1592.
2. In consideration of the money and
services provided or agreed to be provided by the Office, the research
universities and the Desert Research Institute shall agree to allocate
commercialization revenue in accordance with any agreement entered into
pursuant to subsection 1.
3. As used in this section,
“commercialization revenue” means dividends, realized capital gains, license
fees, royalty fees and other revenues received by a research university or the
Desert Research Institute as a result of commercial applications developed as a
result of the programs established pursuant to NRS
231.1591 to 231.1597, inclusive, less:
(a) The portion of those revenues allocated to
the inventor; and
(b) Expenditures incurred by the research
university or the Desert Research Institute to legally protect the intellectual
property.
(Added to NRS by 2011, 3438;
A 2013,
2751)
NRS 231.1594 Executive Director to establish procedures for applying for
allocation from Account; requirements; applications; use of money; factors to
be considered in making allocations.
1. After considering the advice and
recommendations of the Board, the Executive Director shall establish procedures
for applying for an allocation of money from the Knowledge Account created by NRS 231.1592. The procedures must include, without
limitation, a requirement that applications for allocations of money set forth:
(a) The proposed use of the money;
(b) The plans, projects and programs for which
the money will be used;
(c) The expected benefits of the money; and
(d) A statement of the short-term and long-term
impacts of the use of the money.
2. In accordance with the procedures
established pursuant to subsection 1, a research university or the Desert
Research Institute may apply for an allocation of money from the Knowledge
Account. Upon receipt of an application for an allocation from the Knowledge
Account, the Executive Director shall review the application and determine
whether the approval of the application would promote the economic development
of this State and aid the implementation of the State Plan for Economic
Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053. If the Executive Director determines that
approving the application will promote the economic development of this State
and aid the implementation of the State Plan for Economic Development, the
Executive Director may approve the application and make an allocation of money
from the Knowledge Account to the applicant.
3. If a research university or the Desert
Research Institute receives an allocation of money from the Knowledge Account,
the money must be used for the purposes set forth in NRS
231.1597.
4. In making allocations of money from the
Knowledge Account created pursuant to NRS 231.1592,
the Executive Director must consider:
(a) The extent to which an allocation will
promote the economic development of this State and aid the implementation of
the State Plan for Economic Development developed by the Executive Director
pursuant to subsection 2 of NRS 231.053; and
(b) Whether the research universities and the
Desert Research Institute have received an equitable share of the allocations
of money from the Knowledge Account.
(Added to NRS by 2011, 3438;
A 2013,
2752)
NRS 231.1595 Powers and duties of Executive Director: Economic development
goals; expansion, enhancement, transfer and commercialization of research;
encouragement of investment; reports; agreements.
1. In consultation with the Board and the
Chancellor, the Executive Director shall:
(a) Establish, for the programs established
pursuant to NRS 231.1591 to 231.1597, inclusive, economic development goals which
are consistent with the State Plan for Economic Development developed by the
Executive Director pursuant to subsection 2 of NRS
231.053 and the strategic plans of the research universities and the Desert
Research Institute.
(b) In cooperation with the administration of the
research universities and the Desert Research Institute, expand science and
technology research at the research universities and the Desert Research
Institute.
(c) Enhance technology transfer and
commercialization of research and technologies developed at the research
universities and the Desert Research Institute to create high-quality jobs and
new industries in this State.
(d) Establish economic development objectives for
the programs established pursuant to NRS 231.1591
to 231.1597, inclusive.
(e) Verify that the programs established pursuant
to NRS 231.1591 to 231.1597,
inclusive, are being enhanced by research grants and that such programs are
meeting the Board’s economic development objectives.
(f) Monitor all research plans that are part of
the programs established pursuant to NRS 231.1591
to 231.1597, inclusive, at the research
universities and the Desert Research Institute to determine that allocations
from the Knowledge Account created by NRS 231.1592
are being spent in accordance with legislative intent and to maximize the
benefit and return to this State.
(g) Develop methods and incentives to encourage
investment in and contributions to the programs established pursuant to NRS 231.1591 to 231.1597,
inclusive, from the private sector.
(h) Establish requirements for periodic reports
from the research universities and the Desert Research Institute concerning the
use of allocations from the Knowledge Account pursuant to NRS 231.1597. The requirements must include, without
limitation, a requirement that the recipient of the allocation include in such
a report:
(1) A description of each activity
undertaken with money from the allocation and the amount of money used for each
such activity; and
(2) Such documentation as the Executive
Director deems appropriate to support the information provided in the report.
(i) On or before November 1, 2012, and on or
before November 1 of every year thereafter, submit a report to the Governor and
to the Director of the Legislative Counsel Bureau for transmittal to the
Interim Finance Committee, if the report is received during an odd-numbered
year, or to the next session of the Legislature, if the report is received
during an even-numbered year. The report must include, without limitation:
(1) The number of research teams and
faculty recruited, hired and retained pursuant to NRS
231.1597 and the amount of funding provided to those research teams;
(2) A description of the research being
conducted by the research teams and faculty for which the Executive Director
has provided funding pursuant to NRS 231.1597;
(3) The number of patents which have been
filed as a result of the programs established pursuant to NRS 231.1591 to 231.1597,
inclusive;
(4) The amount of research grants awarded
to the research teams and faculty recruited, hired and retained pursuant to NRS 231.1597;
(5) The amount of all grants, gifts and
donations to the Knowledge Account from public and private sources;
(6) The number of businesses which have
been created or expanded in this State, or relocated to this State, because of
the programs established pursuant to NRS 231.1591
to 231.1597, inclusive; and
(7) The number of jobs which have been
created or saved as a result of the activities of the Office.
2. The Executive Director may enter into
any agreements necessary to obtain private equity investment in the programs
established pursuant to NRS 231.1591 to 231.1597, inclusive.
(Added to NRS by 2011, 3439;
A 2013,
2752)
NRS 231.1596 Technology outreach program: Executive Director to establish;
required functions; duties of Board.
1. The Executive Director shall use money
in the Knowledge Account created by NRS 231.1592
to establish a technology outreach program at locations distributed
strategically throughout this State.
2. The Executive Director shall ensure
that the technology outreach program acts as a resource to:
(a) Broker ideas, new technologies and services
to entrepreneurs and businesses throughout a defined service area;
(b) Engage local entrepreneurs and faculty and
staff at state colleges and community colleges by connecting them to the
research universities and the Desert Research Institute;
(c) Assist professors and researchers in finding
entrepreneurs and investors for the commercialization of their ideas and
technologies;
(d) Connect market ideas and technologies in new
or existing businesses or industries or in state colleges and community
colleges with the expertise of the research universities and the Desert
Research Institute;
(e) Assist businesses, the research universities,
state colleges, community colleges and the Desert Research Institute in
developing commercial applications for their research; and
(f) Disseminate and share discoveries and
technologies emanating from the research universities and the Desert Research
Institute to local entrepreneurs, businesses, state colleges and community
colleges.
3. In designing and operating the
technology outreach program, the Board shall work cooperatively with the
technology transfer offices at the research universities and the Desert
Research Institute.
(Added to NRS by 2011, 3440;
A 2013,
2754)
NRS 231.1597 Allocation of money in Account to provide for certain
expenditures. In consultation with
the Board and the Chancellor, the Executive Director shall allocate money in
the Knowledge Account created by NRS 231.1592 to
the research universities and the Desert Research Institute to provide funding
for:
1. The recruitment, hiring and retention
of research teams and faculty to conduct research in science and technology
which has the potential to contribute to economic development in this State;
2. Research laboratories and related
equipment located or to be located in this State;
3. The construction of research clinics,
institutes and facilities and related buildings located or to be located in
this State; and
4. Matching funds for federal and private
sector grants and contract opportunities that support economic development
consistent with the State Plan for Economic Development developed by the
Executive Director pursuant to subsection 2 of NRS
231.053.
(Added to NRS by 2011, 3440;
A 2013,
2754)
DEPARTMENT OF TOURISM AND CULTURAL AFFAIRS
General Provisions
NRS 231.161 Definitions. As
used in NRS 231.161 to 231.360,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 231.163 and 231.165
have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 2937)
NRS 231.163 “Department” defined. “Department”
means the Department of Tourism and Cultural Affairs.
(Added to NRS by 2011, 2937)
NRS 231.165 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 2011, 2937)
NRS 231.167 Creation; divisions. The
Department of Tourism and Cultural Affairs is hereby created, consisting of:
1. The Division of Tourism;
2. The Division of Museums and History,
created by NRS 381.004;
3. The Board of Museums and History,
created by NRS 381.002;
4. The Nevada Arts Council, created by NRS 233C.025;
5. The Nevada Indian Commission, created
by NRS 233A.020;
6. The Board of the Nevada Arts Council,
created by NRS 233C.030;
7. The Commission on Tourism; and
8. The Commission for Cultural Affairs, created
by NRS 233C.200.
(Added to NRS by 1983, 1161; A 2011, 2938)—(Substituted
in revision for NRS 231.160)
NRS 231.169 Bequests and gifts unaffected by creation of Department. The creation of the Department does not affect
any bequest, devise, endowment, trust, allotment or other gift made to a
division or institution of the Department and those gifts inure to the benefit
of the division or institution and remain subject to any conditions or
restraints placed on the gifts.
(Added to NRS by 2011, 2937)
NRS 231.170 Commission on Tourism: Appointment and qualifications of
members.
1. The Commission on Tourism is composed
of:
(a) Eleven voting members as follows:
(1) The Lieutenant Governor, who is its
Chair;
(2) Eight members, appointed by the
Governor, who are informed on and have experience in travel and tourism,
including the business of gaming; and
(3) The chief administrative officers of
the county fair and recreation boards or, if there is no county fair and
recreation board in the county, the chair of the board of county commissioners,
of the two counties that paid the largest amount of the proceeds from the taxes
imposed on the revenue from the rental of transient lodging to the Department
of Taxation for deposit with the State Treasurer for credit to the Fund for the
Promotion of Tourism created by NRS 231.250 for the
previous fiscal year.
(b) The following ex officio, nonvoting members:
(1) The Chair of the Commission for
Cultural Affairs;
(2) The Chair of the Board of Museums and
History;
(3) The Chair of the Nevada Indian
Commission; and
(4) The Chair of the Board of the Nevada
Arts Council.
Ê A person may
serve as an ex officio, nonvoting member pursuant to subparagraph (1) and
subparagraph (2) or (4) concurrently.
2. A change in any member of the
Commission who serves pursuant to subparagraph (3) of paragraph (a) of
subsection 1 that is required because of a change in the amount of the proceeds
paid to the Department of Taxation by each county must be effective on January
1 of the calendar year immediately following the fiscal year in which the
proceeds were paid to the Department of Taxation.
3. Of the members appointed by the
Governor pursuant to subparagraph (2) of paragraph (a) of subsection 1:
(a) At least one member must be a resident of a
county whose population is 700,000 or more.
(b) At least one member must be a resident of a
county whose population is 100,000 or more but less than 700,000.
(c) At least two members must be residents of
counties whose population is less than 100,000.
(d) Four members must be residents of any county
in this State.
(Added to NRS by 1983, 1162; A 1985, 1576; 1989, 1912; 1991, 465; 1999, 3114; 2001, 1961; 2007, 998; 2011, 1152;
2013, 122)
NRS 231.180 Commission on Tourism: Meetings; quorum; Secretary; removal of appointed
members.
1. The Commission on Tourism shall meet
once each calendar quarter, or at more frequent times if it deems necessary,
and may, within the limitations of its budget, hold special meetings at the
call of the Chair or a majority of the voting members.
2. The Director is the Secretary of the
Commission.
3. The Commission shall prescribe rules
for its own management and government.
4. Six voting members of the Commission
constitute a quorum.
5. The Governor may remove an appointed
member from the Commission if the member neglects his or her duty or commits
malfeasance in office.
(Added to NRS by 1983, 1162; A 1985, 567; 1991, 11; 2007, 999; 2013, 123)
NRS 231.190 Commission on Tourism: Salary of appointed members. Each appointed member of the Commission on
Tourism is entitled to receive a salary of $80 for each day’s attendance at a
meeting of the Commission.
(Added to NRS by 1983, 1162; A 1985, 404; 2007, 999)
NRS 231.200 Commission on Tourism: Powers and duties. The Commission on Tourism:
1. Shall establish the policies and
approve the programs and budgets of the Division of Tourism concerning:
(a) The promotion of tourism and travel in this
State; and
(b) The publication of Nevada Magazine and other
promotional material.
2. May adopt regulations to administer and
carry out the policies and programs of the Division of Tourism.
3. May from time to time create special
advisory committees to advise it on special problems of tourism. Members of
special advisory committees, other than members of the Commission, may be paid
the per diem allowance and travel expenses provided for state officers and
employees, as the budget of the Commission permits.
(Added to NRS by 1983, 1162; A 1985, 404; 2011, 2938)
NRS 231.210 Director: Qualifications; appointment; restrictions on other employment. The Director:
1. Must be appointed by the Governor from
a list of three persons submitted to the Governor by the Lieutenant Governor
from recommendations made to the Lieutenant Governor by the:
(a) Voting members of the Commission on Tourism;
(b) Chair of the Commission for Cultural Affairs;
(c) Chair of the Board of Museums and History;
(d) Chair of the Nevada Indian Commission; and
(e) Chair of the Board of the Nevada Arts
Council.
2. Shall, except as otherwise provided in NRS 284.143, devote his or her entire time
to the duties of his or her office and shall not follow any other gainful
employment or occupation.
(Added to NRS by 1983, 1162; A 1985, 404; 1997, 616; 2007, 999; 2011, 2938;
2013, 123)
NRS 231.220 Director: Powers and duties. The
Director shall direct and supervise all administrative and technical activities
of the Department, including coordinating its plans for tourism, publications
and cultural affairs, analyzing the effectiveness of those programs and
associated expenditures, and cooperating with other governmental agencies which
have programs related to travel, tourism and cultural affairs. In addition to
other powers and duties, the Director:
1. Shall attend all appropriate meetings
of the Department and appoint a staff member to act as Secretary, keeping
minutes and audio recordings or transcripts of all appropriate proceedings.
2. Shall report regularly to the
commissions, divisions and council of the Department concerning the
administration of the policies and programs of the Department.
3. May perform any other lawful acts which
he or she considers necessary to carry out the provisions of NRS 231.161 to 231.360,
inclusive.
(Added to NRS by 1983, 1163; A 2001, 2829; 2005, 1406; 2007, 999; 2011, 2939)
NRS 231.230 Employees.
1. The Department through the Director
may:
(a) Employ such professional, technical, clerical
and operational employees as the operation of the Department may require; and
(b) Employ such experts, researchers and
consultants and enter into such contracts with any public or private entities
as may be necessary to carry out the provisions of NRS
231.161 to 231.360, inclusive.
2. The Director is in the unclassified
service of the State.
3. Except as otherwise provided in
subsection 4, the clerical employees of the Department are in the classified
service of the State.
4. The Director may appoint to the
Department employees in either the classified or unclassified service of the
State, in accordance with the historical manner of categorization, unless state
or federal law or regulation requires otherwise.
(Added to NRS by 1983, 1163; A 2007, 999; 2011, 2939)
NRS 231.240 Fees for materials prepared for distribution.
1. The Director may charge reasonable fees
for materials prepared for distribution.
2. All such fees must be deposited with
the State Treasurer for credit to the Department. The fees must first be
expended exclusively for materials and labor incident to preparing and printing
those materials for distribution. Any remaining fees may be expended, in
addition to any other money appropriated, for the support of the Department.
(Added to NRS by 1983, 1164; A 2007, 1000; 2011, 2939)
NRS 231.250 Fund for the Promotion of Tourism. The
Fund for the Promotion of Tourism is hereby created as a special revenue Fund.
The money in the Fund is hereby appropriated for the support of the Department.
(Added to NRS by 1983, 476; A 1983, 1174; 2011, 2940)
Division of Tourism
NRS 231.260 Duties. The
Department, through the Division of Tourism, shall:
1. Promote this State so as to increase
the number of domestic and international tourists.
2. Promote special events and exhibitions
which are designed to increase tourism.
3. Develop a State Plan to Promote Travel
and Tourism in Nevada.
4. Develop a comprehensive program of
marketing and advertising, for both domestic and international markets, which
publicizes travel and tourism in Nevada in order to attract more visitors to
this State or lengthen their stay.
5. Provide and administer grants of money
or matching grants to political subdivisions of the State, to fair and
recreation boards, and to local or regional organizations which promote travel
and tourism, to assist them in:
(a) Developing local programs for marketing and
advertising which are consistent with the State Plan.
(b) Promoting specific events and attractions in
their communities.
(c) Evaluating the effectiveness of the local
programs and events.
Ê Each
recipient must provide an amount of money, at least equal to the grant, for the
same purpose, except, in a county whose population is less than 55,000, the
Division of Tourism may, if convinced that the recipient is financially unable
to do so, provide a grant with less than equal matching money provided by the
recipient.
6. Coordinate and assist the programs of
travel and tourism of counties, cities, local and regional organizations for
travel and tourism, fair and recreation boards and transportation authorities
in the State. Local governmental agencies which promote travel and tourism
shall coordinate their promotional programs with those of the Division of
Tourism.
7. Encourage cooperation between public
agencies and private persons who have an interest in promoting travel and
tourism in Nevada.
8. Compile or obtain by contract, keep
current and disseminate statistics and other marketing information on travel
and tourism in Nevada.
9. Prepare and publish brochures, travel
guides, directories and other materials which promote travel and tourism in
Nevada.
10. Publish or cause to be published a
magazine to be known as the Nevada Magazine. The Nevada Magazine must contain
materials which educate the general public about this State and thereby foster
awareness and appreciation of Nevada’s heritage, culture, historical monuments,
natural wonders and natural resources.
(Added to NRS by 1983, 1163; A 1989, 553, 1912; 2001, 1962; 2011, 1153,
2940; 2013, 3824)
NRS 231.270 Formation of councils on tourism; production of promotional
films; dissemination of information. In
addition to its other duties, the Division of Tourism may:
1. Form a statewide council or regional
councils on tourism, whose members include representatives from businesses,
trade associations and governmental agencies, to provide for exchange of
information and coordination of programs on travel and tourism.
2. Produce or cooperate in the production
of promotional films which are suitable for broadcasting on television and
presenting to organizations involved in travel or tourism.
3. Establish an office or offices which,
by brochure, telephone, press release, videotape and other means, disseminate
information on cultural, sporting, recreational and other special events,
activities and facilities in the different parts of the State which will
attract tourists from inside or outside the State.
(Added to NRS by 1983, 1164; A 2011, 2940)
Nevada Magazine; Records
NRS 231.290 Fund for the Nevada Magazine.
1. The Fund for the Nevada Magazine is
hereby created as an enterprise fund.
2. All receipts from publication of the
Nevada Magazine and from any other operation conducted by the magazine must be
deposited with the State Treasurer for credit to the Fund, and all other
financial activities related to the publication or other operations of the
magazine must be accounted for in the Fund. Claims against the Fund must be
paid as other claims against the State are paid.
3. This section does not preclude Nevada
Magazine from trading its advertising services for services or products that
promote or benefit Nevada Magazine, including, without limitation, travel
services which are required by Nevada Magazine, circulation services,
sponsorship of awards, memberships, entry fees for trade shows and advertising
services with other publications, if:
(a) A fair market value can be established for
the service or product;
(b) The trade is accounted for in the Fund; and
(c) The State Board of Examiners approves the
trade.
(Added to NRS by 1983, 455; A 1987, 834; 1989, 744; 2011, 1774)
NRS 231.300 Use of records and assistance of other state agencies. In performing his or her duties, the Director
shall not interfere with the functions of any other state agencies, but those
agencies shall, from time to time, on reasonable request, furnish the Director
with data and other information from their records bearing on the objectives of
the Department. The Director shall avail himself or herself of records and
assistance of such other state agencies as might make a contribution to the
work of the Department.
(Added to NRS by 1983, 1165; A 2007, 1000; 2011, 2941)
Development of Projects Relating to Tourism
NRS 231.310 Definitions. As
used in NRS 231.310 to 231.360,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 231.320, 231.330
and 231.340 have the meanings ascribed to them in
those sections.
(Added to NRS by 2001, 2827)
NRS 231.320 “Commission” defined. “Commission”
means the Commission on Tourism created by NRS 231.170.
(Added to NRS by 2001, 2827; A 2011, 2941)
NRS 231.330 “Development of projects relating to tourism” defined. “Development of projects relating to tourism”
means the development of publicly owned property, facilities and infrastructure
within this State to support and attract visitors to this State.
(Added to NRS by 2001, 2827)
NRS 231.340 “Grant Program” defined. “Grant
Program” means the Grant Program administered by the Commission.
(Added to NRS by 2001, 2827; A 2011, 2941)
NRS 231.360 Powers and duties of Commission on Tourism: Development and
administration of Grant Program for Development of Projects Relating to
Tourism; sources of money for Program; administration of account.
1. The Commission may provide grants of
money to counties, cities, and local and regional organizations in this State
for the development of projects relating to tourism to the extent that:
(a) Money in the Fund for the Promotion of
Tourism created by NRS 231.250 is made available for
that purpose. The amount of revenue from taxes on the gross receipts from the
rental of transient lodging made available for that purpose in any biennium
must be determined through the budget process and approved by the Legislature.
(b) Gifts, grants or other money is made
available for that purpose.
2. Except as otherwise provided in this
subsection, the State Controller shall, upon the request of the Commission,
transfer to the State General Fund all money made available for the use of the
Commission pursuant to subsection 1. All such money must be accounted for
separately in the State General Fund. The State Controller shall not transfer
any revenue from taxes on the gross receipts from the rental of transient
lodging from the Fund for the Promotion of Tourism to the State General Fund
unless the transfer is approved by the Interim Finance Committee.
3. The Commission shall administer the
account created pursuant to subsection 2 and may make grants only from that
account. Any interest earned on the money in the account must be credited to
the account quarterly. The money in the account does not revert to the State
General Fund at the end of any fiscal year and must be carried forward to the
next fiscal year.
4. The Commission shall:
(a) Develop and administer the Grant Program for
the Development of Projects Relating to Tourism;
(b) Establish guidelines for the submission and
review of applications to receive money from the Grant Program;
(c) Establish the criteria for eligibility to
receive money from the Grant Program; and
(d) Consider and approve or disapprove
applications for money from the Grant Program.
5. Except as otherwise provided in
subsection 6, as a condition of eligibility for a grant from the Commission
pursuant to this section, an applicant must provide an amount of money, at
least equal to the amount of the grant, for the same purpose.
6. If an applicant for a grant is from a
county whose population is less than 100,000 and the Commission determines that
the applicant is financially unable to provide the matching money otherwise
required by subsection 5, the Commission may provide a grant with less than
equal matching money provided by the applicant.
(Added to NRS by 2001, 2828; A 2011, 2941)
