US Laws, Codes, Statutes & Cases

CHAPTER 231 - ECONOMIC DEVELOPMENT AND TOURISM

GENERAL PROVISIONS

NRS 231.015            Interagency Committee for Coordinating Tourism and Economic Development.

COMMISSION ON ECONOMIC DEVELOPMENT

General Provisions

NRS 231.020            “Motion pictures” defined.

NRS 231.030            Creation; divisions.

NRS 231.040            Members: Appointment; qualifications.

NRS 231.050            Meetings; quorum; Secretary; removal of members.

NRS 231.060            Powers and duties: Policies, programs and budgets of divisions; special advisory committees.

NRS 231.064            Powers and duties: Research; dissemination of information.

NRS 231.065            Powers and duties: Grants to assist projects of economic diversification in certain counties.

NRS 231.067            Powers and duties: State Plan for Industrial Development and Diversification; promotion of economic interests of State; grants for economic development; agency for issuing permits to relocating or expanding businesses.

NRS 231.068            Powers and duties: Grants for programs for occupational education; accounting of money appropriated for awarding grants.

NRS 231.0685          Biennial report to Director of Legislative Counsel Bureau; contents of report.

NRS 231.069            Confidentiality of records and documents submitted by client.

NRS 231.070            Salary of members.

NRS 231.080            Executive Director: Qualifications; appointment; restrictions on other employment.

NRS 231.090            Executive Director: Powers and duties.

NRS 231.110            Employees.

NRS 231.125            Fees to support activities of Commission.

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            Use of records and assistance of other state agencies.

NRS 231.139            Certification of businesses for certain benefits: Requirements for certification; allocations from Contingency Fund; fees; regulations.

 

Program of Training for Employees of Business

NRS 231.141            Definitions.

NRS 231.142            “Commission” defined.

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 Commission; matching money; notification of approval or denial.

NRS 231.149            Commission authorized to accept gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 231.151            Disposition of certain money received by Commission; administration of account.

NRS 231.152            Adoption of regulations by Commission.

 

Nevada Economic Development Fund

NRS 231.153            Creation; transfer of money to State General Fund.

NRS 231.154            Administration; grants for purpose of economic development; exceptions.

NRS 231.155            Regulations.

NRS 231.156            Biennial report to Director of Legislative Counsel Bureau; contents of report.

COMMISSION ON TOURISM

General Provisions

NRS 231.160            Creation; divisions.

NRS 231.170            Members: Appointment; qualifications.

NRS 231.180            Meetings; quorum; Secretary; removal of members.

NRS 231.190            Salary of members.

NRS 231.200            Powers and duties.

NRS 231.210            Executive Director: Qualifications; appointment; restrictions on other employment.

NRS 231.220            Executive Director: Powers and duties.

NRS 231.230            Employees.

NRS 231.240            Fees for materials prepared for distribution.

NRS 231.250            Fund for 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.

 

Division of Publications

NRS 231.280            Powers and duties.

NRS 231.290            Fund for Nevada Magazine.

NRS 231.300            Use of records and assistance of other state agencies.

 

Committee for the Development of Projects Relating to Tourism

NRS 231.310            Definitions.

NRS 231.320            “Committee” defined.

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

NRS 231.340            “Grant Program” defined.

NRS 231.350            Committee: Creation; composition; vacancies; removal; compensation of members; meetings; administrative support.

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

_________

GENERAL PROVISIONS

      NRS 231.015  Interagency Committee for Coordinating Tourism and Economic Development.

      1.  The Interagency Committee for Coordinating Tourism and Economic Development is hereby created. The Committee consists of the Governor, who is its Chairman, the Lieutenant Governor, who is its Vice Chairman, the Executive Director of the Commission on Tourism, the Executive Director of the Commission on Economic Development and such other members as the Governor may from time to time appoint. The appointed members of the Committee serve at the pleasure of the Governor.

      2.  The Committee shall meet at the call of the Governor.

      3.  The Committee shall:

      (a) Identify the strengths and weaknesses in state and local governmental agencies which enhance or diminish the possibilities of tourism and economic development in this State.

      (b) Foster coordination and cooperation among state and local governmental agencies, and enlist the cooperation and assistance of federal agencies, in carrying out the policies and programs of the Commission on Tourism and the Commission on Economic Development.

      (c) Formulate cooperative agreements between the Commission on Tourism or the Commission on Economic Development, and state and other public agencies pursuant to the Interlocal Cooperation Act, so that each of those commissions may receive applications from and, as appropriate, give governmental approval for necessary permits and licenses to persons who wish to promote tourism, develop industry or produce motion pictures in this State.

      4.  The Governor may from time to time establish regional or local subcommittees to work on regional or local problems of economic development or the promotion of tourism.

      (Added to NRS by 1983, 1161; A 1985, 403)

COMMISSION ON 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 on television and programs made for broadcast on television 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)

      NRS 231.030  Creation; divisions.  There is hereby created a Commission on Economic Development, consisting of:

      1.  A Division of Economic Development; and

      2.  A Division of Motion Pictures.

      [3:322:1955]—(NRS A 1969, 230; 1983, 1167)

      NRS 231.040  Members: Appointment; qualifications.

      1.  The Commission on Economic Development is composed of the Lieutenant Governor, who is its Chairman, and six members who are appointed by the Governor.

      2.  The Governor shall appoint as members of the Commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.

      3.  The Governor shall appoint at least one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county whose population is 50,000 or less.

      [4:322:1955]—(NRS A 1969, 231; 1983, 1167; 1985, 1575; 1989, 1911; 1991, 464; 2001, 1960)

      NRS 231.050  Meetings; quorum; Secretary; removal of members.

      1.  The Commission on Economic Development may meet regularly each month or at more frequent times if it deems necessary, and may, within the limits of its budget, hold special meetings at the call of the Chairman.

      2.  The Executive Director is the Secretary of the Commission.

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

      4.  Four members of the Commission constitute a quorum, but a majority of the Commission is required to exercise the power conferred on the Commission.

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

      [5:322:1955]—(NRS A 1969, 231; 1983, 1167, 1437)

      NRS 231.060  Powers and duties: Policies, programs and budgets of divisions; special advisory committees.  The Commission on Economic Development:

      1.  Shall establish the policies and approve the programs and budgets of the Division of Economic Development and Division of Motion Pictures concerning:

      (a) The promotion of industrial development and diversification in this state; and

      (b) The promotion of the production of motion pictures in this state.

      2.  May from time to time create special advisory committees to advise it on special problems of economic development. Members of special advisory committees, other than members of the Commission, may be paid the per diem allowance and travel expenses provided for state officers and employees, as the budget of the Commission permits.

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

      NRS 231.064  Powers and duties: Research; dissemination of information.  In addition to its other duties, the Commission on Economic Development shall:

      1.  Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the Division of Economic Development 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)

      NRS 231.065  Powers and duties: Grants to assist projects of economic diversification in certain counties.

      1.  The Commission on Economic Development shall provide and administer grants of money to political subdivisions of the State and to local or regional organizations for economic development to assist projects of economic diversification in counties:

      (a) Whose economies are subject to dramatic fluctuations because of their dependence on mining; and

      (b) That do not qualify for funding from the Economic Development Administration of the United States Department of Commerce.

      2.  The Commission shall establish eligibility criteria for recipients and may require a recipient to provide matching funds.

      3.  A recipient of a grant may use the money only to assist projects of economic diversification, including, without limitation:

      (a) Analysis of industrial property;

      (b) Feasibility studies;

      (c) Construction of industrial park infrastructure; and

      (d) Purchase of publicly owned industrial property.

      (Added to NRS by 2005, 22nd Special Session, 112)

      NRS 231.067  Powers and duties: State Plan for Industrial Development and Diversification; promotion of economic interests of State; grants for economic development; agency for issuing permits to relocating or expanding businesses.  The Commission on Economic Development shall:

      1.  Develop a State Plan for Industrial Development and Diversification.

      2.  Except as otherwise provided in this subsection, promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this State, except for travel and tourism. In a county whose population is less than 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      3.  Identify sources of financing to assist businesses and industries which wish to locate or expand in Nevada.

      4.  Provide and administer grants of money to political subdivisions of the State and to local or regional organizations for economic development to assist them in promoting the advantages of their communities, in expanding and retaining businesses in those communities and in recruiting businesses to those communities. 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 50,000, the Commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for community, economic and industrial development and financing those projects with revenue bonds or community development block grants.

      6.  Except as otherwise provided in this subsection, coordinate and assist the activities of counties, cities, local and regional organizations for economic development in the State which affect economic and industrial development, except for travel and tourism. In a county whose population is less than 50,000, the county may include community development and the development of the nongaming recreation and tourism industry in its economic development efforts.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the State where relocating or expanding businesses may obtain all required permits.

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

      10.  As used in this section, “community development block grant” means a grant administered or made available by the United States Department of Housing and Urban Development pursuant to 24 C.F.R. Part 570.

      (Added to NRS by 1983, 1165; A 1985, 1896; 1989, 1911; 1991, 464; 1993, 832; 2001, 1960; 2003, 1426)

      NRS 231.068  Powers and duties: Grants for programs for occupational education; accounting of money appropriated for awarding grants.

      1.  The Commission on Economic Development, 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 Commission on Economic Development 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)

      NRS 231.0685  Biennial report to Director of Legislative Counsel Bureau; contents of report.  The Commission on Economic Development shall, on or before January 15 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning the abatements from taxation that the Commission approved pursuant to NRS 274.310, 274.320, 274.330 or 360.750. The report must set forth, for each abatement from taxation that the Commission approved in the 2-year period immediately preceding the submission of the report:

      1.  The dollar amount of the abatement;

      2.  The location of the business for which the abatement was approved;

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

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

      5.  Any other information that the Commission determines to be useful.

      (Added to NRS by 1999, 1749; A 2001, 113; 2005, 643)

      NRS 231.069  Confidentiality of records and documents submitted by client.

      1.  If so requested by a client, the Commission on Economic Development shall keep confidential any record or other document in its possession concerning the initial contact with and research and planning for that client. If such a request is made, the Executive Director shall attach to the file containing the record or document a certificate signed by him 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 business in Nevada which is within the jurisdiction of a state agency other than the Commission; or

      (b) Decides to locate his business in Nevada.

      (Added to NRS by 1987, 1671; A 1989, 554)

      NRS 231.070  Salary of members.  Each member of the Commission on Economic Development is entitled to receive a salary of $80 for each day’s attendance at a meeting of the Commission.

      [7:322:1955]—(NRS A 1969, 232; 1977, 1179; 1981, 1978; 1983, 1168; 1985, 404)

      NRS 231.080  Executive Director: Qualifications; appointment; restrictions on other employment.  The Executive Director of the Commission on Economic Development:

      1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Commission. The person appointed as Executive Director must have had successful experience in the administration and promotion of a program comparable to that provided in NRS 231.020 to 231.130, inclusive.

      2.  Is responsible to the Commission and serves at its pleasure.

      3.  Shall, except as otherwise provided in NRS 284.143, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

      [8:322:1955]—(NRS A 1960, 394; 1961, 655; 1963, 1333; 1965, 702; 1967, 1489; 1971, 1424; 1981, 1272; 1983, 1168; 1985, 404; 1997, 616)

      NRS 231.090  Executive Director: Powers and duties.  The Executive Director of the Commission on Economic Development shall direct and supervise all its administrative and technical activities, including coordinating its plans for economic development, promoting the production of motion pictures, scheduling the Commission’s programs, analyzing the effectiveness of those programs and associated expenditures, and cooperating with other governmental agencies which have programs related to economic development. In addition to other powers and duties, the Executive Director:

      1.  Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.

      2.  Shall report regularly to the Commission concerning the administration of its policies and programs.

      3.  Shall report annually to the Governor and the Commission regarding the work of the Commission and may make such special reports as he considers desirable to the Governor.

      4.  May perform any other lawful acts which he considers desirable to carry out the provisions of NRS 231.020 to 231.130, inclusive.

      [9:322:1955]—(NRS A 1969, 232; 1983, 1169; 2005, 1406)

      NRS 231.110  Employees.

      1.  The Executive Director of the Commission on Economic Development shall appoint such professional, technical, clerical and operational employees as the execution of his duties and the operation of the Commission may require.

      2.  The Executive Director and all other nonclerical employees of the Commission are in the unclassified service of the State.

      3.  The clerical employees of the Commission are in the classified service of the State.

      [11:322:1955]—(NRS A 1967, 1489; 1971, 1425; 1981, 1272; 1983, 1169)

      NRS 231.125  Fees to support activities of Commission.

      1.  The Commission on Economic Development may charge such fees for:

      (a) Materials prepared for distribution by the Commission;

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

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

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

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

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

      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 videotapes 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 videotapes 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)

      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 400,000 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)

      NRS 231.130  Use of records and assistance of other state agencies.  In performing their duties, the Executive Director of the Commission on Economic Development and the Administrator of the Division of Motion Pictures shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on request, furnish the Executive Director with data and other information from their records bearing on the objectives of the Commission. The Executive Director shall avail himself 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 Commission.

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

      NRS 231.139  Certification of businesses for certain benefits: Requirements for certification; allocations from Contingency Fund; fees; regulations.

      1.  The Commission on Economic Development shall certify a business for the benefits provided pursuant to NRS 704.223 if the Commission finds that:

      (a) The business is consistent with the State Plan for Industrial Development and Diversification and any guidelines adopted pursuant to the Plan;

      (b) The business is engaged in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site;

      (c) Establishing the business will require the business to make a capital investment of $50,000,000 in Nevada; and

      (d) The economic benefit to the State of approving the certification exceeds the cost to the State.

      2.  The Commission on Economic Development may:

      (a) Request an allocation from the Contingency Fund pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Commission pursuant to this section and NRS 704.032.

      (b) Impose a reasonable fee for an application for certification pursuant to this section to cover the costs incurred by the Commission 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)

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 231.142, 231.143 and 231.146 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1262; A 2003, 2646)

      NRS 231.142  “Commission” defined.  “Commission” means the Commission on Economic Development.

      (Added to NRS by 1999, 1262)

      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 Commission; 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 Commission for approval of a program. The application must be submitted on a form prescribed by the Commission.

      2.  Each application must include:

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

      (b) The number and types of jobs for the business that are available or will be available upon completion of the program;

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

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

      (e) A statement signed by the applicant certifying that, if the program set forth in the application is approved and money is granted by the Commission 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 Commission may assist an applicant in completing an application pursuant to the provisions of this section.

      4.  Except as otherwise provided in subsection 5, the Commission shall approve or deny each application at the next regularly scheduled meeting of the Commission. When considering an application, the Commission shall give priority to a business that:

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

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

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

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

      7.  If the Commission 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)

      NRS 231.149  Commission authorized to accept gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Commission may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 231.141 to 231.152, inclusive.

      2.  Any money the Commission 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)

      NRS 231.151  Disposition of certain money received by Commission; administration of account.

      1.  Any money the Commission receives pursuant to NRS 231.149 or that is appropriated to carry out the provisions of NRS 231.141 to 231.152, inclusive:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

      (b) May only be used to carry out those provisions.

      2.  Except as otherwise provided in subsection 3, the balance remaining in the account that has not been committed for expenditure on or before June 30 of a fiscal year reverts to the State General Fund.

      3.  In calculating the uncommitted remaining balance in the account at the end of a fiscal year, any money in the account that is attributable to a gift, grant, donation or contribution:

      (a) To the extent not inconsistent with a term of the gift, grant, donation or contribution, shall be deemed to have been committed for expenditure before any money that is attributable to a legislative appropriation; and

      (b) Must be excluded from the calculation of the uncommitted remaining balance in the account at the end of the fiscal year if necessary to comply with a term of the gift, grant, donation or contribution.

      4.  The Commission 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)

      NRS 231.152  Adoption of regulations by Commission.  The Commission 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)

Nevada Economic Development Fund

      NRS 231.153  Creation; transfer of money to State General Fund.

      1.  The Nevada Economic Development Fund is hereby created in the State Treasury as a special revenue fund.

      2.  Except as otherwise provided in subsection 4, the Nevada Economic Development Fund is a continuing fund without reversion. The money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  The Commission on Economic Development may accept gifts, grants and donations from any source for deposit in the Nevada Economic Development Fund.

      4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the Fund is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the Fund to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

      (Added to NRS by 2005, 22nd Special Session, 110)

      NRS 231.154  Administration; grants for purpose of economic development; exceptions.

      1.  Except as otherwise provided in subsections 2 and 3, the Commission on Economic Development shall administer the Nevada Economic Development Fund and may make grants of money to a public agency or nonprofit private entity for the purpose of economic development in a rural area or blighted urban area.

      2.  If a nonprofit private entity applies for a grant for the purpose of economic development in a rural area or blighted urban area, the Commission on Economic Development shall consult with the board of county commissioners for the county in which the rural area or blighted urban area is located before making a grant to the nonprofit private entity.

      3.  The Commission on Economic Development shall not make a grant from the Nevada Economic Development Fund for the purpose of any economic development relating to the location of a federal nuclear waste repository at Yucca Mountain.

      4.  As used in this section:

      (a) “Blighted urban area” means an area in a county whose population is 100,000 or more which is characterized by one or more of the following factors:

             (1) The existence of buildings and structures, used or intended to be used for residential, commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of one or more of the following factors:

                   (I) Defective design and character of physical construction.

                   (II) Faulty arrangement of the interior and spacing of buildings.

                   (III) Overcrowding.

                   (IV) Inadequate provision for ventilation, light, sanitation, open spaces and recreational facilities.

                   (V) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.

             (2) An economic dislocation, deterioration or disuse, resulting from faulty planning.

             (3) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.

             (4) The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.

             (5) The existence of inadequate streets, open spaces and utilities.

             (6) The existence of lots or other areas which may be submerged.

             (7) Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.

             (8) A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.

             (9) A loss of population and a reduction of proper use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.

      (b) “Public agency” means:

             (1) This State or any agency of this State; or

             (2) Any local government of this State.

      (c) “Rural area” means an area in a county whose population is less than 100,000.

      (Added to NRS by 2005, 22nd Special Session, 111)

      NRS 231.155  Regulations.  The Commission on Economic Development shall adopt regulations establishing criteria and standards for the eligibility for and use of any grants made pursuant to NRS 231.154.

      (Added to NRS by 2005, 22nd Special Session, 112)

      NRS 231.156  Biennial report to Director of Legislative Counsel Bureau; contents of report.  The Commission on Economic Development shall submit, on or before February 28 of each odd-numbered year, a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation:

      1.  The type and amount of each grant of money made pursuant to NRS 231.154 during the previous biennium; and

      2.  The progress of each project for economic development that received a grant of money from the Nevada Economic Development Fund.

      (Added to NRS by 2005, 22nd Special Session, 112)

COMMISSION ON TOURISM

General Provisions

      NRS 231.160  Creation; divisions.  There is hereby created a Commission on Tourism, consisting of:

      1.  A Division of Tourism; and

      2.  A Division of Publications, including Nevada Magazine.

      (Added to NRS by 1983, 1161)

      NRS 231.170  Members: Appointment; qualifications.

      1.  The Commission on Tourism is composed of the Lieutenant Governor, who is its Chairman, and eight members who are appointed by the Governor.

      2.  The Governor shall appoint as members of the Commission persons who are informed on and have experience in travel and tourism, including the business of gaming.

      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 chairman of the board of county commissioners, of the three 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 are ex officio but nonvoting members of the Commission. A change in any member of the Commission who serves pursuant to the provisions of this subsection 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.

      4.  In addition to the appointments made pursuant to subsection 3, the Governor shall appoint:

      (a) At least one member who is a resident of Clark County.

      (b) At least one member who is a resident of Washoe County.

      (c) At least two members who are residents of counties whose population is 100,000 or less.

      (d) One member who is a resident of any county in this State.

      (Added to NRS by 1983, 1162; A 1985, 1576; 1989, 1912; 1991, 465; 1999, 3114; 2001, 1961)

      NRS 231.180  Meetings; quorum; Secretary; removal of 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 Chairman or a majority of the members.

      2.  The Executive Director is the Secretary of the Commission.

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

      4.  Four members of the Commission constitute a quorum, but a majority of the members of the Commission are required to exercise the power conferred on the Commission.

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

      (Added to NRS by 1983, 1162; A 1985, 567; 1991, 11)

      NRS 231.190  Salary of members.  Each 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)

      NRS 231.200  Powers and duties.  The Commission on Tourism:

      1.  Shall establish the policies and approve the programs and budgets of the Division of Tourism and Division of Publications 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 those divisions.

      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)

      NRS 231.210  Executive Director: Qualifications; appointment; restrictions on other employment.  The Executive Director of the Commission on Tourism:

      1.  Must be appointed by the Governor from a list of three persons submitted to him by the Commission.

      2.  Is responsible to the Commission and serves at its pleasure.

      3.  Shall, except as otherwise provided in NRS 284.143, devote his entire time to the duties of his office, and he shall not follow any other gainful employment or occupation.

      (Added to NRS by 1983, 1162; A 1985, 404; 1997, 616)

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

      1.  Shall attend all meetings of the Commission and act as its Secretary, keeping minutes and audio recordings or transcripts of its proceedings.

      2.  Shall report regularly to the Commission concerning the administration of its policies and programs.

      3.  Shall serve as the Director of the Division of Tourism.

      4.  Shall appoint the Administrator of the Division of Publications.

      5.  May perform any other lawful acts which he considers necessary to carry out the provisions of NRS 231.160 to 231.360, inclusive.

      (Added to NRS by 1983, 1163; A 2001, 2829; 2005, 1406)

      NRS 231.230  Employees.

      1.  The Commission on Tourism through its Executive Director may:

      (a) Employ such professional, technical, clerical and operational employees as the operation of the Commission 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 231.160 to 231.360, inclusive.

      2.  The Executive Director and all other nonclerical employees of the Commission are in the unclassified service of the State.

      3.  The clerical employees of the Commission are in the classified service of the State.

      (Added to NRS by 1983, 1163)

      NRS 231.240  Fees for materials prepared for distribution.

      1.  The Executive Director of the Commission on Tourism may charge reasonable fees for materials prepared for distribution.

      2.  All such fees must be deposited with the State Treasurer for credit to the Commission. 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 Commission.

      (Added to NRS by 1983, 1164)

      NRS 231.250  Fund for 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 Commission on Tourism.

      (Added to NRS by 1983, 476; A 1983, 1174)

Division of Tourism

      NRS 231.260  Duties.  The Commission on Tourism, through its Division of Tourism, shall:

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

      2.  Promote special events 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 50,000, the Commission 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 Commission.

      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, with the assistance of the Division of Publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

      (Added to NRS by 1983, 1163; A 1989, 553, 1912; 2001, 1962)

      NRS 231.270  Formation of councils on tourism; production of promotional films; dissemination of information.  In addition to its other duties, the Commission on Tourism through its 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 outside the State.

      (Added to NRS by 1983, 1164)

Division of Publications

      NRS 231.280  Powers and duties.  The Commission on Tourism through its Division of Publications:

      1.  Shall prepare and publish a magazine to be known as Nevada Magazine. The 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.

      2.  Shall produce and assist in the distribution of printed promotional materials that are created to carry out the Commission’s policies and programs. These services must be performed on a contractual basis.

      3.  May produce printed materials on tourism and economic development for other state and local governmental agencies on a contractual basis. The money received from producing these materials must be deposited with the State Treasurer for credit to a special account in the Fund for the Promotion of Tourism to be used to pay the Division’s expenses.

      (Added to NRS by 1983, 1164; A 1989, 310)

      NRS 231.290  Fund for 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 advertising services for travel services which are required by Nevada Magazine or from trading its advertising services with other publications to promote Nevada Magazine if:

      (a) A fair market value can be established for the services;

      (b) The services are 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)

      NRS 231.300  Use of records and assistance of other state agencies.  In performing their duties, the Executive Director of the Commission on Tourism and the Administrator of the Division of Publications shall not interfere with the functions of any other state agencies, but those agencies shall, from time to time, on reasonable request, furnish the Executive Director and Administrator with data and other information from their records bearing on the objectives of the Commission and its divisions. The Executive Director and Administrator shall avail themselves of records and assistance of such other state agencies as might make a contribution to the work of the Commission.

      (Added to NRS by 1983, 1165)

Committee for the Development of Projects Relating to Tourism

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

      (Added to NRS by 2001, 2827)

      NRS 231.320  “Committee” defined.  “Committee” means the Committee for the Development of Projects Relating to Tourism created by NRS 231.350.

      (Added to NRS by 2001, 2827)

      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 Committee for the Development of Projects Relating to Tourism.

      (Added to NRS by 2001, 2827)

      NRS 231.350  Committee: Creation; composition; vacancies; removal; compensation of members; meetings; administrative support.

      1.  The Committee for the Development of Projects Relating to Tourism is hereby created within the Commission on Tourism. The Committee consists of:

      (a) The Lieutenant Governor, who is an ex officio member of the Committee and shall serve as the Chairman of the Committee;

      (b) Three members of the Commission on Economic Development, appointed by the Lieutenant Governor; and

      (c) Three members of the Commission on Tourism, appointed by the Lieutenant Governor.

      2.  If an appointed member of the Committee ceases to be a member of the Commission on Economic Development or the Commission on Tourism, the appointed member becomes ineligible for membership on the Committee and the Lieutenant Governor shall appoint a replacement from the Commission on Economic Development or the Commission on Tourism, respectively.

      3.  The Lieutenant Governor may remove an appointed member from the Committee if the member neglects his duty or commits malfeasance in office.

      4.  The appointed members of the Committee who are members of the Commission on Economic Development or the Commission on Tourism, respectively, may be paid the per diem allowance and travel expenses provided for state officers and employees generally by their respective commissions, as the budgets of those commissions allow.

      5.  The Committee shall meet at the call of the Lieutenant Governor.

      6.  The Commission on Tourism and the Commission on Economic Development shall jointly provide administrative support for the Committee.

      (Added to NRS by 2001, 2827)

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

      1.  The Committee 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. Not more than $200,000 of revenue from taxes on the gross receipts from the rental of transient lodging may be made available for that purpose in any biennium.

      (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 Committee, transfer to the State General Fund all money made available for the use of the Committee 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 Committee 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 Committee 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 Committee 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 Committee determines that the applicant is financially unable to provide the matching money otherwise required by subsection 5, the Committee may provide a grant with less than equal matching money provided by the applicant.

      (Added to NRS by 2001, 2828)