AB 495 — Revises provisions relating to governmental financial administration. (BDR 32-1034)

and - *AB495_R1* – 5 – (2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estateestatetity investment trust holds an interest in it.

(m) A person whose activities within this State are confined to the owning, maintenance and management of the person’s - 81st Session (2021) – 5 – intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C.

§§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State.

Sec.limitation:“Gold” and “silver” include, respectively, without 1.

8.

“Gold” and “silver” include, respectively, without limitation:

1.

- *AB495_R1* – 6 – 1.

Sec.- 81st Session (2021) – 6 – “gross revenue” means the total amount realized by a business3, entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income, including, without limitation, the fair market value of any property and any services received, and any debt transferred or forgiven as consideration.

10.

1.

Except as otherwise provided in subsection 3, “gross revenue” means the total amount realized by a business entity from engaging in a business in this State, without deduction for the cost of goods sold or other expenses incurred, that contributes to the production of gross income, including, without limitation, the fair market value of any property and any services received, and any debt transferred or forgiven as consideration.

(a) Amounts realized from the sale, exchange, disposition or other grant of the right to use trademarks, trade names, patents, copyrights and similar intellectual property;

§ 118, 331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031 or 1033, regardless of the federal tax classification of the business entity under 26 C.F.R.

(f) The value of property or services donated to a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to section 501(c)(3) of thethefies Internal Revenue Code, 26 U.S.C.

§ 501(c)(3), if the donation is - *AB495_R1* – 7 – tax deductible pursuant to the provisions of section 170(c) of the Internal Revenue Code, 26 U.S.C.

“Loan” means any extension of credit or the purchase in whole or in part of an extension of credit from - 81st Session (2021) – 7 – another person, including, without limitation, participations and syndications.

“Nevada gross revenue” means the gross revenue of a business entity from engaging in a business in this State, as adjusted pursuant to section 2627 of this act.this act and sitused to this State pursuantSec. to section 27 of this act.

Sec.

(2) The tax basis of securities underwritten by the business entity,ortity, as determined for the purposes of federal income taxation;

or (3) Subcontracting payments under a contract or subcontract entered into by a business entity to provide services, labor or materials in connection with the actual or proposed design, construction, remodeling, remediation or repair of improvements on real property or the location of the boundaries of real property;

- *AB495_R1* – 8 – (a) “Affiliated group” means a group of two or more business entities, including, without limitation, an entity described in subsection 2 of section 4 of this act, each of which is controlled by one or more common owners or by one or more members of the group.

- 81st Session (2021) – 8 – (b) “Controlled by” means the direct or indirect ownership, control or possession of 50 percent or more of a business entity.

(1) Any form of compensation paid to a person for engaging in an act for which a license is required pursuant to chapter 645 of NRS;

or which a license is required pursuant to (2) Compensation paid to a sales representative by a principal in an amount that is based on the amount or level of orders for or sales on behalf of the principal and that the principal is required to report on Internal Revenue Service Form 1099- MISC, Miscellaneous Income.

“Taxable year” means the 12-month period beginningyear.ning on January 1 and ending on December 31 of a calendar year.Sec.

Sec.

- *AB495_R1* – 9 – Sec.

(a) The business is a limited-liability company, general partnership, limited-liability partnership, limited partnership or limited-liability- 81st Session (2021) – 9 – business trust;ty limited partnership, or a trust, other than a (b) During the period for which the gross revenue of the business trust;entity is reported pursuant to section 25 of this act, at least 90 percent of the business entity’s federal gross income consists of the following income:

(b) During the period for which the gross revenue of the business entity is reported pursuant to section 25 of this act, at least 90 percent of the business entity’s federal gross income consists of the following income:

and (c) The business entity does not receive more than 10 percent of its federal gross income from conducting an active trade orornt business.

(1) The activities being carried on by the business entity include one or more active operations that form a part of the process of earning income or profit, and the business entity performsperfor(2) activeAny managementassets, including, without limitation, royalties, patents, trademarks and operatingother functions;intangible assets, held by the business entity are used in the active trade or business of one or more related business entities.

or (2) Any assets, including, without limitation, royalties, patents, trademarks and other intangible assets, held by the business entity are used in the active trade or business of one or more related business entities.

- *AB495_R1* – 10 – (c) The payment of compensation to employees or independent contractors for financial or legal services reasonably necessary for - 81st Session (2021) – 10 – the operation of a business does not constitute the conduct of an active trade or business.

(d) Holding a seat on the board of directors of a business entity does not by itself constitute the conduct of an active trade or bus(e) Activities performed by a business entity include activities performed by persons outside the business entity, including independent contractors, to the extent that those persons perform services on behalf of the business entity and those services constitute all or any part of the business entity’s trade or business.

(e) Activities performed by a business entity include activities performed by persons outside the business entity, including independent contractors, to the extent that those persons perform services on behalf of the business entity and those services constitute all or any part of the business entity’s trade or business.

3.guilty of a misdemeanor.olates the provisions of subsection 1 is Sec.

Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

Sec.

Any person who may be liable for the tax imposed by this chapter and who keeps outside of this State any books, papers and records relating thereto shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he or she is absent from - *AB495_R1*81st Session (2021) – 11 – his or her regular place of employment to examine those documents.

For the privilege of engaging in a business in this State, an excise tax is hereby imposed upon the Nevada gross revenue of each business entity whose Nevada gross revenue in a taxable year exceeds $20,000,000, which shall be at the following rates:

If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the taxpayer shall pay interest at the rate of 1 percent per month from the date on which the amount would have of 1 been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.

- 81st Session (2021) – 12 – 3.

- *AB495_R1* – 12 – 4.

5.entity, as determined for the purposes of federal income taxation.

The tax basis of securities and loans sold by the business entity, as determined for the purposes of federal income taxation.

Receipts from a hedging transaction, as defined in section 1221 of the Internal Revenue Code, 26 U.S.C.

133 of the Financial Accounting Standards Board, Accounting for Derivative Instruments and Hedging Activities, to the extent the transaction is entered into primarily to protect a financial position, including, without limitation, managing the risk of exposure to foreign currency fluctuations that affect assets, liabilities, profits, losses, equity or investments in foreignforeignassets, operations, to interest rate fluctuations or to commodity price fluctuations.

Proceeds received from the issuance of the business entity’s own stock, options, warrants, puts or calls, from the sale of the- business81st entity’sSession treasury(2021) stock– or13 as– contributions to the capital of the business entity.entity.stock or as contributions to the 14.

- *AB495_R1* – 13 – 14.

If the business entity owns an interest in a passive entity, the business entity’s share of the net income of the passive entity, but only to the extent the net income of the passive entity was generated by the gross revenue of another business entity.entity.y was Sec.

Sec.

(e) Gross revenue from the sale of tangible personal property is sitused to this State if the property is delivered or shipped to a buyer in this State, regardless of the F.O.B.

point or any other to a condition of sale.

(g) Gross revenue from the sale of any services not otherwise described in this section is sitused to this State in the proportion that the purchaser’s benefit in this State, with respect to what was purchased, bears to the purchaser’s benefit everywhere with respect- to81st whatSession (2021) – 14 – paragraph, the physical location at which the purchaser of a service ultimately uses or receives the benefit of the service that was purchased.purchased is paramount in determining the proportion of the benefit in this State to the benefit everywhere.

For the purposes of this paragraph, the physical location at which the purchaser of a service ultimately uses or receives the benefit of the service that was purchased is paramount in determining the proportion of the - *AB495_R1* – 14 – benefit in this State to the benefit everywhere.

If the records of a business entity do not allow the business entity to determine the location of the purchaser, the gross revenue must not be considered to be from business conducted in this State.

not be considered to be from 2.

If approved by the State Board of Examiners, the excess amount collected or paid must, after being credited against any amount then due from the person in accordance with NRS 360.236,interest.be be refunded to the person or his or her successors in interest.Sec.

Sec.

- 81st Session (2021) – 15 – (b) No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the Department within that period.

Each claim must be in writing and must state the specific groundsgro3.dsFailure uponto whichfile thea claim iswithin founded.the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.

3.4.

Failure to file a claim within the time prescribed in this chapter constitutes a waiver of any demand against the State on account of overpayment.

- *AB495_R1* – 15 – 4.

No suit or proceeding may be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been filed.

- 81st Session (2021) – 16 – Sec.

If the Department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and file an appeal with the Commission within 30 days after the last day of the 6-month period.Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

If2. the claimant is aggrieved by the decision of the Commission rendered on appeal, the claimant may, within 90 days after the decision is rendered, bring an action against the Department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

- *AB495_R1* – 16 – 2.

The Department may recover a refund or any part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.

If any amount in excess of $25 has been illegally determined, either by the Department or by the person filing the return, the Department shall certify that fact to the State - 81st Session (2021) – 17 – Board of Examiners, and the latter shall authorize the cancellation of the amount upon the records of the Department.

If an amount not exceeding $25 has been illegally determined, either by the Department or by the person filing the return, the Department, without certifying that fact to the State Board of Examiners, shall authorize the cancellation of the State amount upon the records of the Department.

- *AB495_R1* – 17 – Sec.

Any person who violates the provisions of subsection 1 is guiltyguiSec. of a gross misdemeanor.

Sec.

Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C or 377D of NRS, or sections 2 to 40, inclusive, of this act, any of the taxes provided for in NRS 372A.290, any fee provided for in NRS 444A.090 or 482.313, or any assessment provided for in NRS 585.497, at the rate - 81st Session (2021) – 18 – of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.

No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount beingbei3. refunded or credited.

3.

- *AB495_R1* – 18 – Sec.

If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 2 to 40, inclusive, of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:

(b) Any information within its possession or that may come into its possession;

ortion within its possession or that may come into (c) Reasonable estimates of the amount.

When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether- the81st Session (2021) – 19 – liability.e determination is issued before the due date of the liability.Sec.

Sec.

360.417 Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C, 377D, 444A or 585 of NRS, or sections 2 to 40, inclusive, of this act, any of the taxes provided for in NRS 372A.290, or any fee provided for in NRS 482.313, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the - *AB495_R1* – 19 – amount shouldof haveany beenpenalty reportedimposed untilmust thebe datebased ofon payment.a graduated.

The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.

or (b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,  give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or otherothern his or personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person.

- 81st Session (2021) – 20 – 2.

After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.

Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department.

If the debt of the delinquent - *AB495_R1* – 20 – taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.

If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.

If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or sections 2 to 40, inclusive, of this act, from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other- disposition81st theSession State(2021) is– unable21 to– recover the indebtedness of the person with respect to whose obligation the notice was given.

of Sec.

Each year after the distribution of all money due to the State of Nevada and each county pursuant to NRS 362.170, the State Controller shall transfer all taxes, interest and penalties collected pursuant to this chapter to the State Education Fund.Fund.es 2.

2.

- *AB495_R1* – 21 – (b) Operating oil and gas wells;

To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1.

The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is - 81st Session (2021) – 22 – notice that the application has been approved, the amountscholarship organization shall provide notice of the creditapproval authorized.to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization.

Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization.

Except as otherwise provided in subsection 5, the Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 4 of NRS 363B.119 is $6,655,000.

Except as otherwise provided in this subsection, in addition to the amount of credits authorized by subsection 4 for Fiscal Years - *AB495_R1* – 22 – 2019-2020 , [and] 2020-2021 [,] and 2021-2022, the Department of Taxation may approve applications for the credit authorized by subsection 1 for each of those fiscal years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363B.119 is $4,745,000.

The provisions of subsection 4 do not apply to the amount of credits authorized by this subsection and the amount of credits authorized by this subsection must not be considered when determining the amount of credits authorized for a [or] 2020-2021 [,] or 2021-2022, the amount of credits authorized0 , by subsection 1 and approved pursuant to this subsection is less than $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made available for approval during subsequent fiscal yearyears until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection 4.is equal to [$9,490,000.] $14,235,000.

If,The in Fiscal Year 2019-2020 , [or] 2020-2021 [,] or 2021-2022, the amount of creditsany authorizedcredit bywhich subsection 1 and approved pursuant to this subsection is lessforfeited than $4,745,000, the remaining amount of credits pursuant to this subsection 2 must not be carriedconsidered forwardin and- made81st availableSession for(2021) approval– during23 subsequent– fiscalcalculating years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsectionsubsection. is equal to [$9,490,000.] $14,235,000.

The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized pursuant to this subsection.

If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which mustmustd not exceed the amount of the donation made by the taxpayer to a scholarship organization.

To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the - *AB495_R1* – 23 – scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1.

If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the- Department81st ofSession Taxation(2021) and– the24 taxpayer– forfeits any claim to the credit authorized by subsection 1.1.payer forfeits any claim to 3.

3.

In addition to the amount of credits authorized by subsection 4 for Fiscal Years 2019-2020 , [and] 2020-2021 [,] and 2021-2022, the Department of Taxation may approve applications for the credit authorized by subsection 1 for each of those fiscal years until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation pursuant to this subsection and subsection 5 of NRS 363A.139 is $4,745,000.

If, in Fiscal Year 2019-2020 , [or] 2020-2021 [,] or 2021-2022, the amount of credits authorized by subsection 1 and approved pursuant to this subsection is less than $4,745,000, the remaining amount of credits pursuant to this subsection must be carried forward and made - *AB495_R1* – 24 – available for approval during subsequent fiscal years until the total amount of credits authorized by subsection 1 and approved pursuant to this subsection is equal to [$9,490,000.] $14,235,000.

The amount of any credit which is forfeited pursuant to subsection 2 mustauthorized notpursuant beto consideredthis insubsection.he calculating the amount of credits authorized6. pursuant to this subsection.

6.

- 81st Session (2021) – 25 – 7.

If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until thethehe end balance of the credit is applied, whichever is earlier.

(c)(d) A governmentalnonprofit entity.religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to U.S.C.

(d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C.

- *AB495_R1* – 25 – (e) A business entity organized pursuant to chapter 82 or 84 of NRS.

§ 7701(a)(30)(D),- excluding81st anSession estate(2021) taxable– as26 a– business entity pursuant to 26 C.F.R.

§ 301.7701-4(b).301.7701-4(b).xable as a business entity (i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C.

(i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C.

(k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C.

§ 401(a).401(a).ction 401(a) of the Internal (l) A passive entity.

(l) A passive entity.

For the purposes of this paragraph, “intangible investments” includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is - *AB495_R1* – 26 – registered as an investment company under the Investment Company Act of 1940, 15 U.S.C.

§§ 80a-1 et seq.seq.nvestment (n) A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.

(n) A person who takes part in an exhibition held in this State for a purpose related to the conduct of a business and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.

- 81st Session (2021) – 27 – Sec.

Except as otherwise provided in subsection 2, no stocks, bonds or other securities issued by any corporation organized under this chapter, nor the income or profits therefrom, nor the transfer thereof by assignment, descent, testamentary disposition or otherwise, shall be taxed by this State when such stocks, bonds or other securities shall be owned by nonresidents of this State or by foreign corporations.

(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 53 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

- *AB495_R1* – 27 – (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.

(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social - 81st Session (2021) – 28 – services, adopt a master plan for the provision of human services in this State.

(1) Identify and assess the plans and programs of the Department for the provision of human services, and anyanyf the duplication of those services by federal, state and local agencies;

(f)2.) HasHNotwithstanding suchany other powersprovision of law, the Director, or the Director’s designee, is responsible for appointing and dutiesremoving assubordinate areofficers providedand byemployees law.of the Department.

2.

Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

- *AB495_R1* – 28 – 2.

(b)- The81st proceedsSession of(2021) the– tax29 imposed– pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;

(j) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant totorer for subsection 4 of NRS 362.170;

[(k)] (l) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;

[(o)]Education (p)Fund pursuant to subsection 3 of NRS 482.181;e State [(p)] (q) The moneyportion requiredof tothe benet distributedprofits toof the Stategrantee Educationof Funda pursuantfranchise, toright subsectionor 3privilege ofidentified in NRS 482.181;709.110;

[(p)] (q) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;

[and] - *AB495_R1* – 29 – [(s)] (t) The money required to be distributed to the State Education Fund pursuant to section 56 of this act;

and (u)- The81st directSession legislative(2021) appropriation– from30 the– State General Fund required by subsection 3.appropriation from the State General 3.

3.

The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the Federal Government.

(c) Accept donations from taxpayers and other persons and may alsoals(d) solicitNot andexpend acceptmore giftsthan and5 grants.percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

(d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

The total amount of a grant provided by the scholarship - *AB495_R1*81st Session (2021) – 3031 – organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

(g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

to 2.

A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

(a) A statement that the scholarship organization satisfies the requirementsreq(b) setThe forthtotal inamount subsectionof 1;the donation, gift or grant made to the scholarship organization.

and (b) The total amount of the donation, gift or grant made to the scholarship organization.

[A scholarship organization shall not use a donation for which a taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of a pupil unless the scholarship organization used a donation for which the taxpayer received a tax credit pursuant to NRS 363A.139 or 363B.119 to provide a grant pursuant to this section on behalf of the pupil for the immediately preceding school year or reasonably - 81st Session (2021) – 32 – expects to be able to provide a grant pursuant to this section on behalf of the pupil in at least the same amount for each school year - *AB495_R1* – 31 – until the pupil graduates from high school.

A scholarship organization that violates this subsection shall repay to the Department of Taxation the amount of the tax credit received by the taxpayer pursuant to NRS 363A.139 or 363B.119, as applicable.applicable.by the 7.] The Department of Education:

7.] The Department of Education:

(b)NRS “Personal449.1935.nal care services” means the services described in NRSSec. 449.1935.

Sec.

- 81st Session (2021) – 33 – 3.

The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered - *AB495_R1* – 32 – pursuant to NRS 223.820, make the information obtained by the DivisionDiv(a) availableThe to:Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531;

(a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531;

and (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority- of81st theSession State(2021) Controller– or34 local– government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable.

Except as otherwise provided in NRS 239.0115, the information obtained by - *AB495_R1* – 33 – the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government.

Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer.

Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.cha8.

8.

The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently - 81st Session (2021) – 35 – being conducted by the agency.

9.Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS [.] and sections 2 to 40, inclusive, of this act.

In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each - *AB495_R1* – 34 – employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS [.] and sections 2 to 40, inclusive, of this act.

The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may- in81st connectionSession with(2021) the– request36 transmit– any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for - *AB495_R1* – 35 – work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:

All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for anyanye lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performanceprescribe ofthe theirmanner duties.in which otherwise confidential informationn, may be made available to:

The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

(c)- The81st Session (2021) – 37 – Treasury;e Internal Revenue Service of the Department of the Treasury;(d) The Department of Taxation;

(d) The Department of Taxation;

Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, - *AB495_R1* – 36 – address and place of employment of any person listed in its records.

Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used orord by disclosed for any purpose other than the collection of a debt or obligation owed to the local government.

Upon receipt of such an instruction, the insurer shall furnish the informationcover requested.any related administrative expenses.rge a reasonable fee to 6.

The insurer may charge a reasonable fee to cover any related administrative expenses.

6.

and (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS, - to81st theSession Department(2021) for– its38 use– in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS [.] andandxes sections 2 to 40, inclusive, of this act.

All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis - *AB495_R1* – 37 – for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

9.Administrator or the Division from:n do not prohibit the (a) Disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance;

The provisions of this section do not prohibit the Administrator or the Division from:

(a) Disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance;

All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the State under this chapter must be paid to the Department in the form of remittances payable to the Department.

For- the81st FiscalSession Year(2021) 2021-2022..................................$600,000– 39 – For the Fiscal Year 2022-2023..................................$600,000 2.

There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy - *AB495_R1* – 38 – of the Department of Health and Human Services to pay the State’s share of the costs of personal care services for recipients of Medicaid under the self-directed model required by section 53 of this act the following sums:

The Chief of the Budget Division of the Office of Finance shall disburse from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada the amount of $200,000,000 , in accordance with the provisions of chapter 353 of NRS, to the Department of Education to be administered as grants to qualifying school districts and university schools for profoundly gifted pupils in Nevada to be used to augment programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic, including, without limitation, evidence-based educational services and practices to address the academic needs of pupils, such as tutoring,- summer81st school,Session afterschool(2021) programs– and40 other– extended learning and enrichment programs, in addition to literacy instruction programs, instructional programs and support for at-risk pupils.

The Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall disburse from the money - *AB495_R1* – 39 – received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada the amount of $15,000,000, in accordance with the provisions of chapter 353 of NRS, to the State Public Charter School Authority to be administered as grants to qualifying charter schools in Nevada to be used to augment programs implemented to address the impacts of learning loss experienced as a result of the COVID-19 pandemic, including, without limitation, evidence-based educational services and practices to address the academic needs of pupils, such as tutoring, summer school, afterschool programs and other extended learning and enrichment programs, in addition to literacy instruction programs, instructional programs and support for at-risk pupils.

To qualify for such a grant, a charter school must be a Title I school, as defined in NRS 385A.040, and describe how the charter school has expended or plans to expend its allocation of federal funding from the Elementary and Secondary School Emergency Relief and Governor’s Emergency Education Relief Funds under thetheand Coronavirus Aid, Relief, and Economic Security Act, Pub.

- 81st Session (2021) – 41 – Sec.

The Legislative Committee on Education shall conduct a study during the 2021-2022 interim concerning the composition of the board of trustees of county school districts in this State, including, without limitation, the manner in which members of the board of trustees of school districts are selected.selected.members 2.

2.

Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of - *AB495_R1* – 40 – the period prescribed for the return of a fiscal note in NRS 218D.475.

H~~~~~ 21 - *AB495_R1*81st Session (2021)