2003 SESSION (20th) A SB6 R2 7
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 11, page 4, line 31, by deleting “0.6” and inserting “0.5”.
Amend sec. 24.18, page 8, by deleting lines 38 through 44 and inserting:
“Sec. 24.18. 1. Except as otherwise provided in subsection 2, “financial institution” means:
(a) An institution licensed, registered or otherwise authorized to do business in this state pursuant to the provisions of chapter 604, 645B, 645E or 649 of NRS or title 55 or 56 of NRS, or a similar institution chartered or licensed pursuant to federal law and doing business in this state;
(b) Any other person conducting loan or credit card processing activities in this state; and
(c) Any other bank, bank holding company, national bank, savings association, federal savings bank, trust company, credit union, building and loan association, investment company, registered broker or dealer in securities or commodities, finance company, dealer in commercial paper or other business entity engaged in the business of lending money, providing credit, securitizing receivables or fleet leasing, or any related business entity, doing business in this state.
2. The term does not include:”.
Amend sec. 24.18, page 9, line 1, by deleting “1.” and inserting “(a)”.
Amend sec. 24.18, page 9, line 3, by deleting “2.” and inserting “(b)”.
Amend sec. 24.20, page 9, by deleting lines 5 through 16 and inserting:
“Sec. 24.20. “Gross revenue” means the total amount of the money and the value of any other consideration received or receivable by a financial institution which the financial institution is required to report for the purposes of federal income taxation.”.
Amend sec. 24.38, page 11, line 25, by deleting “3” and inserting “4”.
Amend sec. 24.46, page 13, lines 38 and 40, by deleting “income” and inserting “revenue”.
Amend sec. 24.46, page 13, by deleting lines 41 and 42 and inserting:
“institution from its entire operation as a financial institution.”.
Amend sec. 27, page 18, by deleting lines 3 through 18 and inserting:
“Sec. 27. “Admission charge” means the total amount, expressed in terms of money, of consideration paid for the right or privilege to have access to a facility where live entertainment is provided.”.
Amend sec. 31, page 18, line 35, after “463.0169.” by inserting:
“The term does not include a licensed gaming establishment that is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits.”.
Amend sec. 36, page 19, by deleting lines 10 through 41 and inserting:
“Sec. 36. 1. Except as otherwise provided in this section, there is hereby imposed an excise tax on admission to any facility in this state where live entertainment is provided. If the live entertainment is provided at a facility with a maximum seating capacity that is:
(a) Less than 7,500, the rate of the tax is 10 percent of the admission charge to the facility plus 10 percent of any amounts paid for food, refreshments and merchandise purchased at the facility.
(b) At least 7,500, the rate of the tax is 5 percent of the admission charge to the facility.
2. Amounts paid for gratuities directly or indirectly remitted to persons employed at a facility where live entertainment is provided or for service charges, including those imposed in connection with the use of credit cards or debit cards, which are collected and retained by persons other than the taxpayer are not taxable pursuant to this section.
3. A business entity that collects any amount that is taxable pursuant to subsection 1 is liable for the tax imposed, but is entitled to collect reimbursement from any person paying that amount.
4. Any ticket for live entertainment must state whether the tax imposed by this section is included in the price of the ticket. If the ticket does not include such a statement, the taxpayer shall pay the tax based on the face amount of the ticket.
5. The tax imposed by subsection 1 does not apply to:
(a) Live entertainment that this state is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.
(b) Live entertainment that is provided by or entirely for the benefit of a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(c) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(d) Live entertainment that is not provided at a licensed gaming establishment if the facility in which the live entertainment is provided has a maximum seating capacity that is less than 300.
(e) Merchandise sold outside the facility in which the live entertainment is provided, unless the purchase of the merchandise entitles the purchaser to admission to the entertainment.
(f) Live entertainment that is provided at a trade show.
(g) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.
(h) Live entertainment that is provided at a licensed gaming establishment at private meetings or dinners attended by members of a particular organization or by a casual assemblage if the purpose of the event is not primarily for entertainment.
(i) Live entertainment provided in the common area of a shopping mall.
6. As used in this section:
(a) “Facility” means any area or premises where live entertainment is provided and for which consideration is collected for the right or privilege of entering that area or premises.
(b) “Maximum seating capacity” means, in the following order of priority:
(1) The maximum occupancy of the facility in which live entertainment is provided, as determined by the State Fire Marshal or the local governmental agency that has the authority to determine the maximum occupancy of the facility;
(2) If such a maximum occupancy has not been determined, the maximum occupancy of the facility designated in any permit required to be obtained in order to provide the live entertainment; or
(3) If such a permit does not designate the maximum occupancy of the facility, the actual seating capacity of the facility in which the live entertainment is provided.”.
Amend sec. 38, page 20, lines 29 and 30, by deleting “shall, jointly,” and inserting:
“shall:
(a) Jointly,”.
Amend sec. 38, page 20, between lines 32 and 33, by inserting:
“(b) Upon request, assist the other agency in the collection of that tax.”.
Amend sec. 39, page 20, line 33, by deleting “1. Each” and inserting:
“1. Except as otherwise provided in this section:
(a) Each”.
Amend sec. 39, page 20, line 38, by deleting “2.” and inserting “(b)”.
Amend sec. 39, page 20, between lines 41 and 42, by inserting:
“2. The Board or the Department, if it deems it necessary to ensure payment to or facilitate the collection by the State of the tax imposed by section 36 of this act, may require reports to be filed not later than 10 days after the end of each calendar quarter.”.
Amend sec. 39, page 20, line 43, by deleting “month” and inserting “period”.
Amend sec. 41, page 21, by deleting line 19 and inserting:
“(b) Preserve those records for:
(1) At least 5 years if the taxpayer is a licensed gaming establishment or until any litigation or prosecution pursuant to this chapter is finally determined, whichever is longer; or
(2) At least 4 years if the taxpayer is not a licensed gaming establishment or until any”.
Amend sec. 44, page 23, by deleting line 19 and inserting:
“establishment is taking any action”.
Amend sec. 44, page 23, by deleting lines 25 and 26 and inserting:
“licensed gaming establishment is taking any action with the intent to defraud the State or to evade”.
Amend sec. 44, page 23, line 30, by deleting:
“paid for live entertainment”.
Amend sec. 44, page 23, by deleting line 32 and inserting:
“upon the taxable liability of business entities that”.
Amend sec. 45, page 23, by deleting lines 36 and 37 and inserting:
“(a) Is unable to collect all or any part of an admission charge which was included in the taxable receipts reported”.
Amend sec. 45, page 24, by deleting lines 8 and 9 and inserting:
“3. If a taxpayer collects all or any part of an admission charge for which he claimed a credit on a return for a”.
Amend sec. 45, page 24, by deleting lines 12 and 13 and inserting:
“(a) The amount collected in the admission charges reported pursuant to paragraph (a) of subsection 1;”.
Amend sec. 48, page 25, line 20, by deleting “month” and inserting “reporting period”.
Amend sec. 49, page 25, line 37, by deleting “the month” and inserting:
“the reporting period”.
Amend sec. 57, page 28, line 13, by deleting “Any” and inserting “1. Any”.
Amend sec. 57, page 28, between lines 17 and 18 by inserting:
“2. As used in this section, “licensed gaming establishment” includes a licensed gaming establishment that is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits.”.
Amend sec. 58.16, page 29, by deleting lines 13 through 15 and inserting:
“to 26 U.S.C. § 501(c); or”.
Amend sec. 58.28, page 30, by deleting lines 33 through 38 and inserting:
“8. Any revenue from the operation of a vending stand”.
Amend sec. 58.28, page 30, line 40, by deleting “10.” and inserting “9.”.
Amend sec. 58.44, page 33, line 16, by deleting “$100,000” and inserting “$500,000”.
Amend sec. 58.44, page 33, by deleting lines 17 through 20.
Amend sec. 58.48, page 35, by deleting lines 23 through 25 and inserting:
“5. Any revenue received:
(a) As dividends or distributions by a parent organization from the capital account of a subsidiary entity of the parent organization; or
(b) As payments between:
(1) A parent organization and a wholly owned subsidiary entity of the parent organization; or
(2) The wholly owned subsidiary entities of a parent organization.”.
Amend sec. 58.48, page 36, between lines 5 and 6, by inserting:
“15. Any revenue of the business entity from the sale or distribution of gasoline or any other motor vehicle fuel.”.
Amend sec. 58.50, page 36, line 6, by deleting “1.”.
Amend sec. 58.50, page 36, by deleting lines 10 through 26 and inserting:
“regulations must be consistent with the methods of dividing income contained in the provisions of the Uniform Division of Income for Tax”.
Amend sec. 62, page 41, by deleting lines 20 through 22 and inserting:
“to 26 U.S.C. § 501(c).”.
Amend sec. 63, page 42, by deleting lines 13 and 14 and inserting “newspaper.”.
Amend the bill as a whole by adding a new section designated sec. 64.5, following sec. 64, to read as follows:
“Sec. 64.5. The Department shall deposit all money it receives pursuant to sections 61 to 66, inclusive, of this act in the State Treasury for credit to the State General Fund.”.
Amend sec. 75.3, page 55, by deleting lines 25 through 27 and inserting:
“26 U.S.C. § 501(c);”.
Amend sec. 77, page 57, line 8, by deleting “$3.45” and inserting “$2.93”.
Amend sec. 78, page 57, line 15, by deleting “$3.60” and inserting “$3.08”.
Amend sec. 78, page 57, line 17, by deleting “$1.30” and inserting “$1.12”.
Amend sec. 78, page 57, line 20, by deleting “70” and inserting “60”.
Amend sec. 78, page 57, line 23, by deleting “16” and inserting “14”.
Amend sec. 80, page 58, line 9, by deleting “42.5” and inserting “40”.
Amend the bill as a whole by deleting sec. 80.5 and adding:
“Sec. 80.5. (Deleted by amendment.)”.
Amend sec. 82, page 59, line 7, by deleting “37.5” and inserting “35”.
Amend the bill as a whole by deleting sec. 82.5 and adding:
“Sec. 82.5. (Deleted by amendment.)”.
Amend sec. 83, page 60, line 7, by deleting “42.5” and inserting “40”.
Amend the bill as a whole by deleting sec. 83.5 and adding:
“Sec. 83.5. (Deleted by amendment.)”.
Amend sec. 95, page 62, line 39, after “of” by inserting “the”.
Amend sec. 95, page 62, by deleting lines 41 and 42 and inserting:
“4. The county recorder of a county:
(a) Whose population is 100,000 or more may deduct and withhold from the taxes collected 0.2 percent of those taxes to reimburse the county for the cost of collecting the tax.
(b) Whose population is less than 100,000 may deduct and withhold from the taxes collected 1 percent of those taxes to reimburse the”.
Amend sec. 167, page 111, line 33, by deleting “and”.
Amend sec. 174, page 118, by deleting lines 36 and 37 and inserting:
“pursuant to this section if:
(a) The establishment is licensed for less than 51 slot”.
Amend sec. 174, page 118, line 39, by deleting the italicized period.
Amend sec. 174, page 119, line 9, after the closed bracket by inserting:
“; or
(b) The facility in which the live entertainment is provided has a maximum seating capacity that is at least 7,500.”.
Amend sec. 174, page 119, between lines 24 and 25 by inserting:
“(f) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(g) Live entertainment that is provided or occurs at private meetings or dinners attended by members of a particular organization or by a casual assemblage and the purpose of the event is not primarily for entertainment.
(h) Live entertainment presented in a common area of a shopping mall.”.
Amend sec. 186.4, page 138, line 13, by deleting “or” and inserting “or”.
Amend sec. 186.9, page 142, by deleting lines 3 through 6 and inserting:
“pursuant to 26 U.S.C. § 501(c); [or]”.
Amend the bill as a whole by adding new sections designated sections 188.3 through 188.7, following sec. 188, to read as follows:
“Sec. 188.3. Section 58 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 58. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the [2003] Nevada Legislature for Fiscal Year 2003-2004 or 2004-2005, the Director of the Department of Administration shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $60,000,000 for Fiscal Year 2003-2004 or 2004-2005, the Governor, pursuant to NRS 353.225, may direct the Director of the Department of Administration to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature, or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 188.5. Section 61 of Assembly Bill No. 553 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Sec. 61. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $12,500,000 in Fiscal Year 2003-2004 and $20,000,000 in Fiscal Year 2004-2005 for information technology and additional operational costs that may be required by the Department of Taxation or other state agency to implement or modify the collections of State General Fund revenues . [approved by the 72nd Session of the Nevada Legislature.]
2. If the Department of Taxation or other state agency determines that additional resources are necessary for information technology or additional operational costs related to subsection 1 the State Board of Examiners shall consider the request and recommend the amount of the allocation, if any, to the Interim Finance Committee.
3. The Interim Finance Committee is not required to approve the entire amount of an allocation recommended pursuant to subsection 2 or to allocate the entire amount appropriated in subsection 1.
4. The sums appropriated by subsection 1 are available for either fiscal year. Any balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.
Sec. 188.7. Section 1 of Senate Bill No. 243 of the 72nd Session of the Nevada Legislature is hereby amended to read as follows:
Section 1. [1. There is hereby appropriated from the State General Fund to the
Fund to Stabilize the Operation of State Government created by NRS 353.288 the
sum of $30,000,000.
2.] Notwithstanding the provisions of NRS
353.235:
[(a)]
1. Upon
receipt of the projections and estimates of the Economic Forum required by
paragraph (d) of subsection 1 of NRS 353.228 to be reported on or before
December 1, 2004, the Interim Finance Committee shall project the ending
balance of the State General Fund for Fiscal Year 2004-2005, using all relevant
information known to it.
[(b)]
2. Except
as otherwise provided in [paragraph
(c),] subsection 3, there is
hereby contingently appropriated from the State General Fund to the Fund to
Stabilize the Operation of State Government created by NRS 353.288 the amount,
if any, by which the projection required by [paragraph (a)]
subsection 1 exceeds
the amount of the ending balance of the State General Fund for Fiscal Year
2004-2005 as estimated by the [2003
Legislature.
(c)] Nevada Legislature.
3. The amount of any appropriation pursuant to [paragraph (b)] subsection 2 must not exceed [$20,000,000.] $50,000,000.”.
Amend sec. 189, page 143, by deleting lines 28 through 31 and inserting:
“Sec. 189. 1. NRS 353.272, 364A.160, 375.025 and 375.075 are hereby repealed.
2. NRS 463.4001, 463.4002, 463.4004, 463.4006, 463.4008, 463.4009 and 463.4015 are hereby repealed.
3. NRS 364A.010, 364A.020, 364A.030, 364A.040, 364A.050,”.
Amend sec. 190, page 143, by deleting line 39 and inserting:
“Sec. 190. Notwithstanding the provisions of NRS 353.288:”.
Amend sec. 190, page 144, by deleting lines 2 through 20 and inserting:
“sources to the State General Fund as projected by the Nevada Legislature for the applicable fiscal year; and
(b) The total amount of all applicable contingent appropriations enacted for the 2003-2004 Fiscal Year and the 2004-2005 Fiscal Year by the Nevada Legislature for which the conditions for the contingent appropriations were satisfied.
2. Any excess amount of revenue determined pursuant to subsection 1 must be used as follows:
(a) An amount estimated by the Interim Finance Committee to pay for expenditures that will occur in the next biennium for which the corresponding expenditures in the current biennium were paid or are to be paid from a source other than the State General Fund, but for which the alternative source of revenue likely will not be available or will not be received during the biennium, must be used to replace previously used nonrecurring revenue. This amount must be accounted for separately in the State General Fund.
(b) The remaining excess amount of revenue must be transferred to the Fund to Stabilize the Operation of the State Government created by NRS 353.288, in such an amount that does not cause the balance in the Fund to exceed the limitation on that balance set forth in NRS 353.288.
(c) Any remaining excess amount of revenue must be transferred to the Fund for Tax Accountability created pursuant to section 191 of this act.”.
Amend the bill as a whole by deleting sec. 193 and adding:
“Sec. 193. (Deleted by amendment.)”.
Amend sec. 194.56, page 165, line 16, by deleting “194.2” and inserting “165.2”.
Amend sec. 195, page 166, by deleting lines 13 through 26 and inserting:
“1. Section 173 of this act does not apply to any taxes precollected pursuant to chapter 463 of NRS on or before the effective date of that section.
2. Sections 80, 82 and 83 of this act do not apply to any taxes precollected pursuant to chapter 370 of NRS on or before the effective date of those sections.
3. Sections 77, 78 and 172 of this act do not affect the amount of any license fees or taxes due for any period ending on or before July 31, 2003.
4. Sections 26 to 58, inclusive, of this act apply to any taxable admission charge that is collected pursuant to the provisions of those sections on or after January 1, 2004.
5. Section 144 of this act do not apply to any contracts made before the effective date of that section.”.
Amend sec. 196, page 166, line 27, by deleting “2” and inserting “3”.
Amend the bill as a whole by adding a new section designated sec. 196.1, following sec. 196, to read as follows:
“Sec. 196.1. Notwithstanding the provisions of section 165.2 of this act, the Department of Education, the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau shall carry out the provisions of subsections 1 and 2 of that section for fiscal year 2003-2004 as soon as practicable after the effective date of that section.”.
Amend sec. 196.3, page 166, by deleting lines 39 through 45 and inserting:
“2. As used in this section:
(a) Except as otherwise provided in paragraph (b), “financial institution” means:
(1) An institution licensed, registered or otherwise authorized to do business in this state pursuant to the provisions of chapter 604, 645B, 645E or 649 of NRS or title 55 or 56 of NRS, or a similar institution chartered or licensed pursuant to federal law and doing business in this state;
(2) Any other person conducting loan or credit card processing activities in this state; and
(3) Any other bank, bank holding company, national bank, savings association, federal savings bank, trust company, credit union, building and loan association, investment company, registered broker or dealer in securities or commodities, finance company, dealer in commercial paper or other business entity engaged in the business of lending money, providing credit, securitizing receivables or fleet leasing, or any related business entity, doing business in this state.
(b) “Financial institution” does not include:”.
Amend sec. 196.3, page 167, line 1, by deleting “(a)” and inserting “(1)”.
Amend sec. 196.3, page 167, line 3, by deleting “(b)” and inserting “(2)”.
Amend sec. 196.5, page 167, by deleting line 7 and inserting:
“institution on or after November 1, 2003.”.
Amend sec. 196.5, page 167, line 13, after “(a)” by inserting:
““Financial institution” has the meaning ascribed to it in section 24.18 of this act.
(b)”.
Amend sec. 196.5, page 167, line 15, by deleting “(b)” and inserting “(c)”.
Amend the bill as a whole by adding a new section designated sec. 196.7, following sec. 196.5, to read as follows:
“Sec. 196.7. The Legislative Committee on Taxation, Public Revenue and Tax Policy established by the provisions of section 127 of this act shall:
1. Review and study:
(a) The impact, if any, that the imposition of the tax on live entertainment imposed pursuant to section 36 of this act has had on revenue received by the state and local governments from special events conducted in this state.
(b) Whether promoters of special events are contracting with entities in other states to hold the special events in those other states as a result of the imposition of the tax.
(c) The loss of revenue, if any, from special events resulting from the imposition of the tax.
(d) The feasibility and need for exempting such special events from the tax.
(e) Standards and procedures that may be adopted for determining whether special events should be exempt from the tax and the qualifications for such an exemption.
2. Submit a report of the results of its review and any recommendations for legislation to the 73rd Session of the Nevada Legislature.”.
Amend sec. 198, pages 167 and 168, by deleting lines 31 through 45 on page 167 and lines 1 through 31 on page 168, and inserting:
“Sec. 198. 1. This section and sections 59, 60, 67, 69, 75, 75.3, 75.7, 76, 80, 82, 83, 86, 87, 88, 90 to 93, inclusive, 98, 101, 112, 114, 116, 125 to 132, inclusive, 144 to 165, inclusive, 168, 173, 178, 188 to 188.7, inclusive, 190 to 193, inclusive, 194.10, 194.14 to 194.56, inclusive, 194.60, 194.62, 195, 196, 196.1, 196.7 and 197 of this act and subsection 1 of section 189 of this act become effective upon passage and approval.
2. Sections 194.58 and 194.64 of this act become effective upon passage and approval and apply retroactively to June 30, 2003.
3. Sections 165.2, 165.4, 165.6, 166.2, 194 and 194.66 of this act become effective upon passage and approval and apply retroactively to July 1, 2003.
4. Sections 77, 78, 79, 81, 84, 85, 172, 174, 175 and 177 of this act and subsection 2 of section 189 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On August 1, 2003, for all other purposes.
5. Sections 58.10 to 58.80, inclusive, 70, 71, 72, 73, 186.3, 186.5, 186.7 and 196.3 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2003, for all other purposes.
6. Sections 24.10 to 24.74, inclusive, 185.30 to 186, inclusive, 186.4, 186.6, 186.8, 186.9 and 196.5 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On November 1, 2003, for all other purposes.
7. Sections 1 to 24, inclusive, 25 to 58, inclusive, 61 to 66, inclusive, 68, 70.5, 71.5, 72.5, 73.5, 74, 89, 94 to 97, inclusive, 99, 100, 102 to 111, inclusive, 118 to 124, inclusive, 133 to 143, inclusive, 166, 167, 169, 170, 171, 176 and 179 to 185, inclusive, of this act and subsection 3 of section 189 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2004, for all other purposes.
8. Sections 80.5, 82.5, 83.5, 166.4, 187 and 194.12 of this act become effective on July 1, 2004.
9. Sections 113, 115 and 117 of this act become effective at 12:01 a.m. on October 1, 2029.
10. Sections 126 to 131, inclusive, of this act expire by limitation on June 30, 2005.
11. Sections 112, 114 and 116 of this act expire by limitation”.