Assembly Bill No. 207–Assemblymen Claborn, de Braga, Koivisto, Price, Collins, Anderson, Giunchigliani, Ohrenschall, McClain, Leslie, Chowning, Mortenson and Humke
February 11, 1999
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Referred to Committee on Taxation
SUMMARY—Includes local or state apprenticeship committee as organization created for educational purposes for purpose of exemption from sales and use taxes and certain analogous taxes. (BDR 32-1295)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 372.3261 is hereby amended to read as follows: 372.3261 1. For the purposes of NRS 372.326, an organization is1-3
created for religious, charitable or educational purposes if it complies with1-4
the provisions of this section.1-5
2. An organization is created for religious purposes if:1-6
(a) It complies with the requirements set forth in subsection 5; and1-7
(b) The sole or primary purpose of the organization is the operation of a1-8
church, synagogue or other place of religious worship at which nonprofit1-9
religious services and activities are regularly conducted. Such an1-10
organization includes, without limitation, an integrated auxiliary or1-11
affiliate of the organization, men’s, women’s or youth groups established1-12
by the organization, a school or mission society operated by the1-13
organization, an organization of local units of a church and a convention or1-14
association of churches.2-1
3. An organization is created for charitable purposes if:2-2
(a) It complies with the requirements set forth in subsection 5;2-3
(b) The sole or primary purpose of the organization is to:2-4
(1) Advance a public purpose, donate or render gratuitously or at a2-5
reduced rate a substantial portion of its services to the persons who are the2-6
subjects of its charitable services, and benefit a substantial and indefinite2-7
class of persons who are the legitimate subjects of charity; or2-8
(2) Provide services that are otherwise required to be provided by a2-9
local government, this state or the Federal Government; and2-10
(c) The organization is operating in this state.2-11
4. An organization is created for educational purposes if:2-12
(a) It complies with the requirements set forth in subsection 5; and2-13
(b) The sole or primary purpose of the organization is to:2-14
(1) Provide athletic, cultural or social activities for children;2-15
(2) Provide displays or performances of the visual or performing arts2-16
to members of the general public;2-17
(3) Provide instruction and disseminate information on subjects2-18
beneficial to the community;2-19
(4) Operate a school, college or university located in this state that2-20
conducts regular classes and provides courses of study required for2-21
accreditation or licensing by the state board of education or the2-22
commission of postsecondary education, or for membership in the2-23
Northwest Association of Schools and Colleges2-24
(5) Serve as a local or state apprenticeship committee to advance2-25
programs of apprenticeship in this state.2-26
5. In addition to the requirements set forth in subsection 2, 3 or 4, an2-27
organization is created for religious, charitable or educational purposes if:2-28
(a) No part of the net earnings of any such organization inures to the2-29
benefit of a private shareholder, individual or entity;2-30
(b) The business of the organization is not conducted for profit;2-31
(c) No substantial part of the business of the organization is devoted to2-32
the advocacy of any political principle or the defeat or passage of any state2-33
or federal legislation;2-34
(d) The organization does not participate or intervene in any political2-35
campaign on behalf of or in opposition to any candidate for public office;2-36
and2-37
(e) Any property sold to the organization for which an exemption is2-38
claimed is used by the organization in this state in furtherance of the2-39
religious, charitable or educational purposes of the organization.2-40
Sec. 2. NRS 374.3306 is hereby amended to read as follows: 374.3306 1. For the purposes of NRS 374.3305, an organization is2-42
created for religious, charitable or educational purposes if it complies with2-43
the provisions of this section.3-1
2. An organization is created for religious purposes if:3-2
(a) It complies with the requirements set forth in subsection 5; and3-3
(b) The sole or primary purpose of the organization is the operation of a3-4
church, synagogue or other place of religious worship at which nonprofit3-5
religious services and activities are regularly conducted. Such an3-6
organization includes, without limitation, an integrated auxiliary or3-7
affiliate of the organization, men’s, women’s or youth groups established3-8
by the organization, a school or mission society operated by the3-9
organization, an organization of local units of a church and a convention or3-10
association of churches.3-11
3. An organization is created for charitable purposes if:3-12
(a) It complies with the requirements set forth in subsection 5;3-13
(b) The sole or primary purpose of the organization is to:3-14
(1) Advance a public purpose, donate or render gratuitously or at a3-15
reduced rate a substantial portion of its services to the persons who are the3-16
subjects of its charitable services, and benefit a substantial and indefinite3-17
class of persons who are the legitimate subjects of charity; or3-18
(2) Provide services that are otherwise required to be provided by a3-19
local government, this state or the Federal Government; and3-20
(c) The organization is operating in this state.3-21
4. An organization is created for educational purposes if:3-22
(a) It complies with the requirements set forth in subsection 5; and3-23
(b) The sole or primary purpose of the organization is to:3-24
(1) Provide athletic, cultural or social activities for children;3-25
(2) Provide displays or performances of the visual or performing arts3-26
to members of the general public;3-27
(3) Provide instruction and disseminate information on subjects3-28
beneficial to the community;3-29
(4) Operate a school, college or university located in this state that3-30
conducts regular classes and provides courses of study required for3-31
accreditation or licensing by the state board of education or the3-32
commission of postsecondary education, or for membership in the3-33
Northwest Association of Schools and Colleges3-34
(5) Serve as a local or state apprenticeship committee to advance3-35
programs of apprenticeship in this state.3-36
5. In addition to the requirements set forth in subsection 2, 3 or 4, an3-37
organization is created for religious, charitable or educational purposes if:3-38
(a) No part of the net earnings of any such organization inures to the3-39
benefit of a private shareholder, individual or entity;3-40
(b) The business of the organization is not conducted for profit;3-41
(c) No substantial part of the business of the organization is devoted to3-42
the advocacy of any political principle or the defeat or passage of any state3-43
or federal legislation;4-1
(d) The organization does not participate or intervene in any political4-2
campaign on behalf of or in opposition to any candidate for public office;4-3
and4-4
(e) Any property sold to the organization for which an exemption is4-5
claimed is used by the organization in this state in furtherance of the4-6
religious, charitable or educational purposes of the organization.4-7
Sec. 3. This act becomes effective on July 1, 1999.~