2005 Nevada Revised Statutes - Chapter 231 — Economic Development and Tourism

CHAPTER 231 - ECONOMIC DEVELOPMENT ANDTOURISM

GENERAL PROVISIONS

NRS 231.015 InteragencyCommittee for Coordinating Tourism and Economic Development.

COMMISSION ON ECONOMIC DEVELOPMENT

General Provisions

NRS 231.020 Motionpictures defined.

NRS 231.030 Creation;divisions.

NRS 231.040 Members:Appointment; qualifications.

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

NRS 231.060 Powersand duties: Policies, programs and budgets of divisions; special advisorycommittees.

NRS 231.064 Powersand duties: Research; dissemination of information.

NRS 231.065 Powersand duties: Grants to assist projects of economic diversification in certaincounties.

NRS 231.067 Powersand 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 Powersand duties: Grants for programs for occupational education; accounting of moneyappropriated for awarding grants.

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

NRS 231.069 Confidentialityof records and documents submitted by client.

NRS 231.070 Salaryof members.

NRS 231.080 ExecutiveDirector: Qualifications; appointment; restrictions on other employment.

NRS 231.090 ExecutiveDirector: Powers and duties.

NRS 231.110 Employees.

NRS 231.125 Feesto support activities of Commission.

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

NRS 231.128 Registrationand permits required for production of motion picture.

NRS 231.130 Useof records and assistance of other state agencies.

NRS 231.139 Certificationof businesses for certain benefits: Requirements for certification; allocationsfrom Contingency Fund; fees; regulations.

 

Program of Training for Employees of Business

NRS 231.141 Definitions.

NRS 231.142 Commissiondefined.

NRS 231.143 Communitycollege defined.

NRS 231.146 Programdefined.

NRS 231.147 Applicationfor approval of program; contents of application; assistance in completingapplication; approval or denial of application by Commission; matching money;notification of approval or denial.

NRS 231.149 Commissionauthorized to accept gifts, grants, donations and contributions; deposit ofmoney in State Treasury.

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

NRS 231.152 Adoptionof 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 Biennialreport 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 Salaryof members.

NRS 231.200 Powersand duties.

NRS 231.210 ExecutiveDirector: Qualifications; appointment; restrictions on other employment.

NRS 231.220 ExecutiveDirector: Powers and duties.

NRS 231.230 Employees.

NRS 231.240 Feesfor materials prepared for distribution.

NRS 231.250 Fundfor Promotion of Tourism.

 

Division of Tourism

NRS 231.260 Duties.

NRS 231.270 Formationof councils on tourism; production of promotional films; dissemination ofinformation.

 

Division of Publications

NRS 231.280 Powersand duties.

NRS 231.290 Fundfor Nevada Magazine.

NRS 231.300 Useof records and assistance of other state agencies.

 

Committee for the Development of Projects Relating to Tourism

NRS 231.310 Definitions.

NRS 231.320 Committeedefined.

NRS 231.330 Developmentof projects relating to tourism defined.

NRS 231.340 GrantProgram defined.

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

NRS 231.360 Powersand duties: Development and administration of Grant Program for Development ofProjects Relating to Tourism; sources of money for Program; administration ofaccount.

_________

GENERAL PROVISIONS

NRS 231.015 InteragencyCommittee for Coordinating Tourism and Economic Development.

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

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

3. The Committee shall:

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

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

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

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

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

COMMISSION ON ECONOMIC DEVELOPMENT

General Provisions

NRS 231.020 Motionpictures defined. As used in NRS 231.020 to 231.139, inclusive, unless the contextotherwise requires, motion pictures includes feature films, movies made forbroadcast on television and programs made for broadcast on television inepisodes.

[2:322:1955](NRS A 1969, 230; 1983, 1167; 1987,1589, 1672; 1989, 554; 1997, 2479; 1999, 1750; 2005, 22ndSpecial Session, 112)

NRS 231.030 Creation;divisions. There is hereby created aCommission 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 composedof the Lieutenant Governor, who is its Chairman, and six members who areappointed by the Governor.

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

3. The Governor shall appoint at least one member whois 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 meetregularly 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 theChairman.

2. The Executive Director is the Secretary of theCommission.

3. The Commission shall prescribe rules for its ownmanagement and government.

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

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

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

NRS 231.060 Powersand duties: Policies, programs and budgets of divisions; special advisorycommittees. The Commission on EconomicDevelopment:

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

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

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

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

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

NRS 231.064 Powersand duties: Research; dissemination of information. Inaddition to its other duties, the Commission on Economic Development shall:

1. Investigate and study conditions affecting Nevadabusiness, industry and commerce, and engage in technical studies, scientificinvestigations, statistical research and educational activities necessary oruseful for the proper execution of the function of the Division of EconomicDevelopment in promoting and developing Nevada business, industry and commerce,both within and outside the State.

2. Conduct or encourage research designed to furthernew and more extensive uses of the natural and other resources of the State anddesigned to develop new products and industrial processes.

3. Serve as a center of public information for theState of Nevada by answering general inquiries concerning the resources andeconomic advantages of this state and by furnishing information and data onthese and related subjects.

4. Prepare, and disseminate in any medium,informational material designed to promote community, economic and industrialdevelopment in Nevada.

5. Plan and develop an effective service for businessinformation, both for the direct assistance of business and industry of theState and for the encouragement of business and industry outside the State touse economic facilities within the State, including readily accessibleinformation on state and local taxes, local zoning regulations andenvironmental 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 Powersand duties: Grants to assist projects of economic diversification in certaincounties.

1. The Commission on Economic Development shallprovide and administer grants of money to political subdivisions of the Stateand to local or regional organizations for economic development to assistprojects of economic diversification in counties:

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

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

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

3. A recipient of a grant may use the money only toassist 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, 22ndSpecial Session, 112)

NRS 231.067 Powersand 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 andDiversification.

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, exceptfor travel and tourism. In a county whose population is less than 50,000, thecounty may include community development and the development of the nongamingrecreation and tourism industry in its economic development efforts.

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

4. Provide and administer grants of money to politicalsubdivisions of the State and to local or regional organizations for economicdevelopment to assist them in promoting the advantages of their communities, inexpanding and retaining businesses in those communities and in recruitingbusinesses to those communities. Each recipient must provide an amount ofmoney, at least equal to the grant, for the same purpose, except in a countywhose population is less than 50,000, the Commission may, if convinced that therecipient is financially unable to do so, provide such a grant with less thanequal matching money provided by the recipient.

5. Encourage and assist state, county and cityagencies in planning and preparing projects for community, economic andindustrial development and financing those projects with revenue bonds orcommunity development block grants.

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

7. Arrange by cooperative agreements with localgovernments to serve as the single agency in the State where relocating orexpanding businesses may obtain all required permits.

8. Promote close cooperation between public agenciesand private persons who have an interest in industrial development anddiversification in Nevada.

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

10. As used in this section, community developmentblock grant means a grant administered or made available by the United StatesDepartment 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 Powersand duties: Grants for programs for occupational education; accounting of moneyappropriated for awarding grants.

1. The Commission on Economic Development, to theextent of legislative appropriations, may grant money to a postsecondary educationalinstitution to develop a program for occupational education which is designedto teach skills in a short period to persons who are needed for employment bynew or existing businesses.

2. Any money appropriated to the Commission onEconomic Development for awarding grants to develop a program specified insubsection 1 must be accounted for separately in the State General Fund. Themoney in the account:

(a) Does not revert to the State General Fund at theend 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 Biennialreport to Director of Legislative Counsel Bureau; contents of report. The Commission on Economic Development shall, on or beforeJanuary 15 of each odd-numbered year, prepare and submit to the Director of theLegislative Counsel Bureau for transmission to the Legislature a report concerningthe abatements from taxation that the Commission approved pursuant to NRS 274.310, 274.320, 274.330or 360.750. The report must set forth,for each abatement from taxation that the Commission approved in the 2-yearperiod immediately preceding the submission of the report:

1. The dollar amount of the abatement;

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

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

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

5. Any other information that the Commissiondetermines to be useful.

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

NRS 231.069 Confidentialityof records and documents submitted by client.

1. If so requested by a client, the Commission onEconomic Development shall keep confidential any record or other document inits possession concerning the initial contact with and research and planningfor that client. If such a request is made, the Executive Director shall attachto the file containing the record or document a certificate signed by himstating that a request for confidentiality was made by the client and the dateof the request.

2. Records and documents that are confidentialpursuant to subsection 1 remain confidential until the client:

(a) Initiates any process regarding the location of hisbusiness in Nevada which is within the jurisdiction of a state agency otherthan the Commission; or

(b) Decides to locate his business in Nevada.

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

NRS 231.070 Salaryof members. Each member of the Commission onEconomic Development is entitled to receive a salary of $80 for each days attendanceat a meeting of the Commission.

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

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

1. Must be appointed by the Governor from a list ofthree persons submitted to the Governor by the Commission. The person appointedas Executive Director must have had successful experience in the administrationand 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 itspleasure.

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

[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 ExecutiveDirector: Powers and duties. The Executive Directorof the Commission on Economic Development shall direct and supervise all itsadministrative and technical activities, including coordinating its plans foreconomic development, promoting the production of motion pictures, schedulingthe Commissions programs, analyzing the effectiveness of those programs andassociated expenditures, and cooperating with other governmental agencies whichhave programs related to economic development. In addition to other powers andduties, the Executive Director:

1. Shall attend all meetings of the Commission and actas its Secretary, keeping minutes and audio recordings or transcripts of itsproceedings.

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

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

4. May perform any other lawful acts which heconsiders 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 onEconomic Development shall appoint such professional, technical, clerical andoperational employees as the execution of his duties and the operation of theCommission may require.

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

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

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

NRS 231.125 Feesto support activities of Commission.

1. The Commission on Economic Development may chargesuch fees for:

(a) Materials prepared for distribution by theCommission;

(b) Advertising in materials prepared by theCommission; and

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

as it deemsnecessary to support the activities of the Commission.

2. All such fees must be deposited with the StateTreasurer for credit to the Commission and may be expended in addition to othermoney appropriated for the support of the Commission.

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

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

1. The Division of Motion Pictures shall formulate aprogram to promote the production of motion pictures in Nevada. The programmust include development of:

(a) A directory of the names of persons, firms andgovernmental agencies in this state which are capable of furnishing the skillsand facilities needed in all phases of the production of motion pictures; and

(b) A library containing videotapes which depict thevariety and extent of the locations in this state which are available for theproduction of motion pictures.

Thedirectory of names and the library of videotapes must be kept current and becross-referenced.

2. The program may include:

(a) The preparation and distribution of otherappropriate promotional and informational material, including advertising,which points out desirable locations within the State for the production ofmotion pictures, explains the benefits and advantages of producing motionpictures in this state, and describes the services and assistance availablefrom this state and its local governments;

(b) Assistance to motion picture companies in securingpermits to film at certain locations and in obtaining other services connectedwith the production of motion pictures; and

(c) Encouragement of cooperation among local, state andfederal agencies and public organizations in the location and production ofmotion pictures.

(Added to NRS by 1983, 1166)

NRS 231.128 Registrationand permits required for production of motion picture.

1. Before a motion picture company begins productionof 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 byother agencies and political subdivisions of this State.

2. The registration filed with the Division of MotionPictures must:

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

(b) Be signed by:

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

(2) The Administrator of the Division of MotionPictures or, in a county whose population is 400,000 or more, by the head ofthe department or agency within that county which is authorized to issuebusiness licenses on behalf of the county.

(Added to NRS by 1997, 2479)

NRS 231.130 Useof records and assistance of other state agencies. Inperforming their duties, the Executive Director of the Commission on EconomicDevelopment and the Administrator of the Division of Motion Pictures shall notinterfere with the functions of any other state agencies, but those agenciesshall, from time to time, on request, furnish the Executive Director with dataand other information from their records bearing on the objectives of theCommission. The Executive Director shall avail himself of records andassistance of such other state agencies as in the opinion of the Governor orExecutive 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 Certificationof businesses for certain benefits: Requirements for certification; allocationsfrom Contingency Fund; fees; regulations.

1. The Commission on Economic Development shallcertify 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 forIndustrial Development and Diversification and any guidelines adopted pursuantto the Plan;

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

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

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

2. The Commission on Economic Development may:

(a) Request an allocation from the Contingency Fundpursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by theCommission pursuant to this section and NRS704.032.

(b) Impose a reasonable fee for an application forcertification pursuant to this section to cover the costs incurred by theCommission in investigating and ruling on the application.

(c) Adopt such regulations as it deems necessary tocarry 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 231.141to 231.152, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 231.142, 231.143 and 231.146 have the meanings ascribed to themin those sections.

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

NRS 231.142 Commissiondefined. Commission means the Commission onEconomic Development.

(Added to NRS by 1999, 1262)

NRS 231.143 Communitycollege defined. Community college means acommunity college of the Nevada System of Higher Education.

(Added to NRS by 1999, 1263)

NRS 231.146 Programdefined. Program means a course of trainingadministered by a community college for employees of a business.

(Added to NRS by 1999, 1263)

NRS 231.147 Applicationfor approval of program; contents of application; assistance in completingapplication; approval or denial of application by Commission; matching money;notification of approval or denial.

1. A person who operates a business or will operate abusiness 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 thebusiness;

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

(c) A statement of the objectives of the proposedprogram;

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

(e) A statement signed by the applicant certifyingthat, if the program set forth in the application is approved and money isgranted by the Commission to a community college for the program, each employeewho completes the program:

(1) Will be employed in a full-time andpermanent position in the business; and

(2) While employed in that position, will bepaid not less than 80 percent of the lesser of the average industrial hourlywage in:

(I) This state; or

(II) The county in which the business islocated,

asdetermined 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 anapplicant in completing an application pursuant to the provisions of thissection.

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

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

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

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

6. If the Commission approves an application, it shallnotify the applicant, in writing, within 10 days after the application isapproved.

7. If the Commission denies an application, it shall,within 10 days after the application is denied, notify the applicant inwriting. The notice must include the reason for denying the application.

(Added to NRS by 1999, 1263; A 2003, 2646)

NRS 231.149 Commissionauthorized to accept gifts, grants, donations and contributions; deposit ofmoney 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 ofNRS 231.141 to 231.152, inclusive.

2. Any money the Commission receives pursuant tosubsection 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 Dispositionof certain money received by Commission; administration of account.

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

(a) Must be deposited in the State Treasury andaccounted 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, thebalance remaining in the account that has not been committed for expenditure onor before June 30 of a fiscal year reverts to the State General Fund.

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

(a) To the extent not inconsistent with a term of thegift, grant, donation or contribution, shall be deemed to have been committedfor expenditure before any money that is attributable to a legislativeappropriation; and

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

4. The Commission shall administer the account. Anyinterest or income earned on the money in the account must be credited to theaccount. Any claims against the account must be paid as other claims againstthe State are paid.

(Added to NRS by 1999, 1264; A 2003, 2647)

NRS 231.152 Adoptionof regulations by Commission. The Commission may adopt such regulationsas 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 herebycreated in the State Treasury as a special revenue fund.

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

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

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

(Added to NRS by 2005, 22ndSpecial Session, 110)

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

1. Except as otherwise provided in subsections 2 and3, the Commission on Economic Development shall administer the Nevada EconomicDevelopment Fund and may make grants of money to a public agency or nonprofitprivate entity for the purpose of economic development in a rural area orblighted urban area.

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

3. The Commission on Economic Development shall notmake a grant from the Nevada Economic Development Fund for the purpose of anyeconomic development relating to the location of a federal nuclear wasterepository at Yucca Mountain.

4. As used in this section:

(a) Blighted urban area means an area in a countywhose population is 100,000 or more which is characterized by one or more ofthe following factors:

(1) The existence of buildings and structures,used or intended to be used for residential, commercial, industrial or otherpurposes, or any combination thereof, which are unfit or unsafe for thosepurposes and are conducive to ill health, transmission of disease, infantmortality, juvenile delinquency or crime because of one or more of thefollowing factors:

(I) Defective design and character ofphysical construction.

(II) Faulty arrangement of the interiorand 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 ordisuse, resulting from faulty planning.

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

(4) The laying out of lots in disregard of thecontours and other physical characteristics of the ground and surroundingconditions.

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

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

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

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

(9) A loss of population and a reduction ofproper use of some parts of the area, resulting in its further deteriorationand added costs to the taxpayer for the creation of new public facilities andservices 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 whosepopulation is less than 100,000.

(Added to NRS by 2005, 22ndSpecial Session, 111)

NRS 231.155 Regulations. The Commission on Economic Development shall adoptregulations establishing criteria and standards for the eligibility for and useof any grants made pursuant to NRS 231.154.

(Added to NRS by 2005, 22ndSpecial Session, 112)

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

1. The type and amount of each grant of money madepursuant to NRS 231.154 during theprevious biennium; and

2. The progress of each project for economicdevelopment that received a grant of money from the Nevada Economic DevelopmentFund.

(Added to NRS by 2005, 22ndSpecial Session, 112)

COMMISSION ON TOURISM

General Provisions

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

1. A Division of Tourism; and

2. A Division of Publications, including NevadaMagazine.

(Added to NRS by 1983, 1161)

NRS 231.170 Members:Appointment; qualifications.

1. The Commission on Tourism is composed of theLieutenant Governor, who is its Chairman, and eight members who are appointedby the Governor.

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

3. The chief administrative officers of the countyfair and recreation boards or, if there is no county fair and recreation boardin the county, the chairman of the board of county commissioners, of the threecounties that paid the largest amount of the proceeds from the taxes imposed onthe revenue from the rental of transient lodging to the Department of Taxationfor deposit with the State Treasurer for credit to the Fund for the Promotionof Tourism created by NRS 231.250 forthe previous fiscal year are ex officio but nonvoting members of theCommission. A change in any member of the Commission who serves pursuant to theprovisions of this subsection that is required because of a change in theamount of the proceeds paid to the Department of Taxation by each county mustbe effective on January 1 of the calendar year immediately following the fiscalyear in which the proceeds were paid to the Department of Taxation.

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

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

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

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

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

(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 eachcalendar 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 theChairman or a majority of the members.

2. The Executive Director is the Secretary of theCommission.

3. The Commission shall prescribe rules for its ownmanagement and government.

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

5. The Governor may remove a member from theCommission 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 Salaryof members. Each member of the Commission onTourism is entitled to receive a salary of $80 for each days attendance at ameeting of the Commission.

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

NRS 231.200 Powersand duties. The Commission on Tourism:

1. Shall establish the policies and approve theprograms and budgets of the Division of Tourism and Division of Publicationsconcerning:

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

(b) The publication of Nevada Magazine and other promotionalmaterial.

2. May adopt regulations to administer and carry outthe policies and programs of those divisions.

3. May from time to time create special advisorycommittees to advise it on special problems of tourism. Members of specialadvisory committees, other than members of the Commission, may be paid the perdiem 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 ExecutiveDirector: Qualifications; appointment; restrictions on other employment. The Executive Director of the Commission on Tourism:

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

2. Is responsible to the Commission and serves at itspleasure.

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

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

NRS 231.220 ExecutiveDirector: Powers and duties. The Executive Directorof the Commission on Tourism shall direct and supervise all its administrativeand technical activities, including coordinating its plans for tourism andpublications, scheduling its programs, analyzing the effectiveness of thoseprograms and associated expenditures, and cooperating with other governmentalagencies which have programs related to travel and tourism. In addition toother powers and duties, the Executive Director:

1. Shall attend all meetings of the Commission and actas its Secretary, keeping minutes and audio recordings or transcripts of itsproceedings.

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

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

4. Shall appoint the Administrator of the Division ofPublications.

5. May perform any other lawful acts which he considersnecessary to carry out the provisions of NRS231.160 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 ExecutiveDirector may:

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

(b) Employ such experts, researchers and consultantsand enter into such contracts with any public or private entities as may benecessary to carry out the provisions of NRS231.160 to 231.360, inclusive.

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

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

(Added to NRS by 1983, 1163)

NRS 231.240 Feesfor materials prepared for distribution.

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

2. All such fees must be deposited with the StateTreasurer for credit to the Commission. The fees must first be expendedexclusively for materials and labor incident to preparing and printing thosematerials for distribution. Any remaining fees may be expended, in addition toany other money appropriated, for the support of the Commission.

(Added to NRS by 1983, 1164)

NRS 231.250 Fundfor Promotion of Tourism. The Fund for thePromotion of Tourism is hereby created as a special revenue Fund. The money inthe 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 ofTourism, shall:

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

2. Promote special events which are designed toincrease tourism.

3. Develop a State Plan to Promote Travel and Tourismin Nevada.

4. Develop a comprehensive program of marketing andadvertising, for both domestic and international markets, which publicizestravel and tourism in Nevada in order to attract more visitors to this State orlengthen their stay.

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

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

(b) Promoting specific events and attractions in theircommunities.

(c) Evaluating the effectiveness of the local programsand events.

Eachrecipient must provide an amount of money, at least equal to the grant, for thesame purpose, except, in a county whose population is less than 50,000, theCommission 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 andtourism of counties, cities, local and regional organizations for travel andtourism, fair and recreation boards and transportation authorities in theState. Local governmental agencies which promote travel and tourism shallcoordinate their promotional programs with those of the Commission.

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

8. Compile or obtain by contract, keep current anddisseminate statistics and other marketing information on travel and tourism inNevada.

9. Prepare and publish, with the assistance of theDivision of Publications, brochures, travel guides, directories and othermaterials which promote travel and tourism in Nevada.

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

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

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

2. Produce or cooperate in the production ofpromotional films which are suitable for broadcasting on television andpresenting 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 oncultural, sporting, recreational and other special events, activities andfacilities in the different parts of the State which will attract tourists fromoutside the State.

(Added to NRS by 1983, 1164)

Division of Publications

NRS 231.280 Powersand duties. The Commission on Tourism throughits Division of Publications:

1. Shall prepare and publish a magazine to be known asNevada Magazine. The magazine must contain materials which educate the generalpublic about this state and thereby foster awareness and appreciation ofNevadas heritage, culture, historical monuments, natural wonders and naturalresources.

2. Shall produce and assist in the distribution ofprinted promotional materials that are created to carry out the Commissionspolicies and programs. These services must be performed on a contractual basis.

3. May produce printed materials on tourism andeconomic development for other state and local governmental agencies on acontractual basis. The money received from producing these materials must bedeposited with the State Treasurer for credit to a special account in the Fundfor the Promotion of Tourism to be used to pay the Divisions expenses.

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

NRS 231.290 Fundfor Nevada Magazine.

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

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

3. This section does not preclude Nevada Magazine fromtrading advertising services for travel services which are required by NevadaMagazine or from trading its advertising services with other publications topromote Nevada Magazine if:

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

(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 Useof records and assistance of other state agencies. Inperforming their duties, the Executive Director of the Commission on Tourismand the Administrator of the Division of Publications shall not interfere withthe functions of any other state agencies, but those agencies shall, from timeto time, on reasonable request, furnish the Executive Director andAdministrator with data and other information from their records bearing on theobjectives of the Commission and its divisions. The Executive Director andAdministrator shall avail themselves of records and assistance of such otherstate 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 toTourism

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

(Added to NRS by 2001, 2827)

NRS 231.320 Committeedefined. Committee means the Committee forthe Development of Projects Relating to Tourism created by NRS 231.350.

(Added to NRS by 2001, 2827)

NRS 231.330 Developmentof projects relating to tourism defined. Developmentof projects relating to tourism means the development of publicly ownedproperty, facilities and infrastructure within this state to support andattract visitors to this state.

(Added to NRS by 2001, 2827)

NRS 231.340 GrantProgram defined. Grant Program means theGrant Program administered by the Committee for the Development of Projects Relatingto 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 ProjectsRelating to Tourism is hereby created within the Commission on Tourism. TheCommittee consists of:

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

(b) Three members of the Commission on EconomicDevelopment, 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 tobe a member of the Commission on Economic Development or the Commission onTourism, the appointed member becomes ineligible for membership on theCommittee and the Lieutenant Governor shall appoint a replacement from theCommission on Economic Development or the Commission on Tourism, respectively.

3. The Lieutenant Governor may remove an appointedmember from the Committee if the member neglects his duty or commitsmalfeasance in office.

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

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

6. The Commission on Tourism and the Commission onEconomic Development shall jointly provide administrative support for theCommittee.

(Added to NRS by 2001, 2827)

NRS 231.360 Powersand duties: Development and administration of Grant Program for Development ofProjects Relating to Tourism; sources of money for Program; administration ofaccount.

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

(a) Money in the Fund for the Promotion of Tourismcreated by NRS 231.250 is made availablefor that purpose. Not more than $200,000 of revenue from taxes on the grossreceipts from the rental of transient lodging may be made available for thatpurpose in any biennium.

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

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

3. The Committee shall administer the account createdpursuant to subsection 2 and may make grants only from that account. Anyinterest earned on the money in the account must be credited to the accountquarterly. The money in the account does not revert to the State General Fundat the end of any fiscal year and must be carried forward to the next fiscalyear.

4. The Committee shall:

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

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

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

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

5. Except as otherwise provided in subsection 6, as acondition of eligibility for a grant from the Committee pursuant to thissection, an applicant must provide an amount of money, at least equal to theamount of the grant, for the same purpose.

6. If an applicant for a grant is from a county whosepopulation is less than 100,000 and the Committee determines that the applicantis financially unable to provide the matching money otherwise required bysubsection 5, the Committee may provide a grant with less than equal matchingmoney provided by the applicant.

(Added to NRS by 2001, 2828)

 

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