CHAPTER........
AN ACT relating to taxation; providing for the revision of the provisions governing tax
abatements for certain businesses to provide uniformity in the criteria for
qualification; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a
new section to read as follows:
1. A person who intends to locate or expand a business in this state
may apply to the commission on economic development for a partial
abatement of one or more of the taxes imposed on the new or expanded
business pursuant to chapter 361, 364A or 374 of NRS.
2. The commission on economic development shall approve an
application for a partial abatement if the commission makes the
following determinations:
(a) The business is consistent with:
(1) The state plan for industrial development and diversification
that is developed by the commission pursuant to NRS 231.067; and
(2) Any guidelines adopted pursuant to the state plan.
(b) The applicant has executed an agreement with the commission
which states that the business will, after the date on which a certificate of
eligibility for the abatement is issued pursuant to subsection 5, continue
in operation in this state for a period specified by the commission, which
must be at least 5 years, and will continue to meet the eligibility
requirements set forth in this subsection. The agreement must bind the
successors in interest of the business for the specified period.
(c) The business is registered pursuant to the laws of this state or the
applicant commits to obtain a valid business license and all other permits
required by the county, city or town in which the business operates.
(d) Except as otherwise provided in NRS 361.0687, if the business is a
new business in a county or city whose population is 50,000 or more, the
business meets at least two of the following requirements:
(1) The business will have 75 or more full-time employees on the
payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a
capital investment of at least $1,000,000 in this state.
(3) The average hourly wage that will be paid by the new business
to its employees in this state is at least 100 percent of the average
statewide hourly wage as established by the employment security division
of the department of employment, training and rehabilitation on July 1
(I) The business will provide a health insurance plan for all
employees that includes an option for health insurance coverage for
dependents of the employees; and
(II) The cost to the business for the benefits the business provides
to its employees in this state will meet the minimum requirements for
benefits established by the commission by regulation pursuant to
subsection 9.
(e) Except as otherwise provided in NRS 361.0687, if the business is a
new business in a county or city whose population is less than 50,000, the
business meets at least two of the following requirements:
(1) The business will have 25 or more full-time employees on the
payroll of the business by the fourth quarter that it is in operation.
(2) Establishing the business will require the business to make a
capital investment of at least $250,000 in this state.
(3) The average hourly wage that will be paid by the new business
to its employees in this state is at least 100 percent of the average
statewide hourly wage as established by the employment security division
of the department of employment, training and rehabilitation on July 1
of each fiscal year and:
(I) The business will provide a health insurance plan for all
employees that includes an option for health insurance coverage for
dependents of the employees; and
(II) The cost to the business for the benefits the business provides
to its employees in this state will meet the minimum requirements for
benefits established by the commission by regulation pursuant to
subsection 9.
(f) If the business is an existing business, the business meets at least
two of the following requirements:
(1) The business will increase the number of employees on its
payroll by 10 percent more than it employed in the immediately
preceding fiscal year or by six employees, whichever is greater.
(2) The business will expand by making a capital investment in this
state in an amount equal to at least 20 percent of the value of the
tangible property possessed by the business in the immediately preceding
fiscal year. The determination of the value of the tangible property
possessed by the business in the immediately preceding fiscal year must
be made by the:
(I) County assessor of the county in which the business will
expand, if the business is locally assessed; or
(II) Department, if the business is centrally assessed.
(3) The average hourly wage that will be paid by the existing
business to its new employees in this state is at least 100 percent of the
average statewide hourly wage as established by the employment security
division of the department of employment, training and rehabilitation on
July 1 of each fiscal year and:
(I) The business will provide a health insurance plan for all new
employees that includes an option for health insurance coverage for
dependents of the employees; and
(II) The cost to the business for the benefits the business provides
to its new employees in this state will meet the minimum requirements for
benefits established by the commission by regulation pursuant to
subsection 9.
3. Notwithstanding the provisions of subsection 2, the commission on
economic development may:
(a) Approve an application for a partial abatement by a business that
does not meet the requirements set forth in paragraph (d), (e) or (f) of
subsection 2;
(b) Make the requirements set forth in paragraph (d), (e) or (f) of
subsection 2 more stringent; or
(c) Add additional requirements that a business must meet to qualify
for a partial abatement,
if the commission determines that such action is necessary.
4. If a person submits an application to the commission on economic
development pursuant to subsection 1, the commission shall provide
notice to the governing body of the county and the city or town, if any, in
which the person intends to locate or expand a business. The notice
required pursuant to this subsection must set forth the date, time and
location of the hearing at which the commission will consider the
application.
5. If the commission on economic development approves an
application for a partial abatement, the commission shall immediately
forward a certificate of eligibility for the abatement to:
(a) The department;
(b) The Nevada tax commission; and
(c) If the partial abatement is from the property tax imposed pursuant
to chapter 361 of NRS, the county treasurer.
6. An applicant for a partial abatement pursuant to this section or an
existing business whose partial abatement is in effect shall, upon the
request of the executive director of the commission on economic
development, furnish the executive director with copies of all records
necessary to verify that the applicant meets the requirements of
subsection 2.
7. If a business whose partial abatement has been approved pursuant
to this section and is in effect ceases:
(a) To meet the requirements set forth in subsection 2; or
(b) Operation before the time specified in the agreement described in
paragraph (b) of subsection 2,
the business shall repay to the department or, if the partial abatement
was from the property tax imposed pursuant to chapter 361 of NRS, to
the county treasurer, the amount of the exemption that was allowed
pursuant to this section before the failure of the business to comply
unless the Nevada tax commission determines that the business has
substantially complied with the requirements of this section. The business
is also required to pay interest on the amount due at the rate most
recently established pursuant to NRS 99.040 for each month, or portion
thereof, from the last day of the month following the period for which the
payment would have been made had the partial abatement not been
approved until the date of payment of the tax.
8. A county treasurer:
(a) Shall deposit any money that he receives pursuant to subsection 7
in one or more of the funds established by a local government of the
county pursuant to NRS 354.611, 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for
the purposes authorized by NRS 354.611, 354.6113 and 354.6115.
9. The commission on economic development:
(a) Shall adopt regulations regarding:
(1) The minimum level of benefits that a business must provide to
its employees if the business is going to use benefits paid to employees as
a basis to qualify for a partial abatement; and
(2) The notice that must be provided pursuant to subsection 4.
(b) May adopt such other regulations as the commission on economic
development determines to be necessary to carry out the provisions of this
section.
10. The Nevada tax commission:
(a) Shall adopt regulations regarding:
(1) The capital investment that a new business must make to meet
the requirement set forth in paragraph (d) or (e) of subsection 2; and
(2) Any security that a business is required to post to qualify for a
partial abatement pursuant to this section.
(b) May adopt such other regulations as the Nevada tax commission
determines to be necessary to carry out the provisions of this section.
11. An applicant for an abatement who is aggrieved by a final
decision of the commission on economic development may petition for
judicial review in the manner provided in chapter 233B of NRS.
Sec. 2.
NRS 361.0687 is hereby amended to read as follows:Sec. 3. NRS 364A.170 is hereby amended to read as follows:
Sec. 4. NRS 374.357 is hereby amended to read as follows:
Sec. 5. Chapter 231 of NRS is hereby amended by adding thereto a
new section to read as follows:
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 section 1 of this act. 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. 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 committee determines to be useful
Sec. 6.
NRS 231.020 is hereby amended to read as follows:Sec. 7. The amendatory provisions of this act apply only to an
abatement from taxation for which a person applies on or after the effective
date of this act.
Sec. 8. This act becomes effective upon passage and approval.
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